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| | Police Reform and Social Responsibility Bill, As Amended
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| | | The Amendments have been arranged in accordance with the Police Reform and |
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| | | Social Responsibility Bill (Programme) (No.2) Motion. |
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| | NEW CLAUSES AND AMENDMENTS TO CLAUSES, AND NEW SCHEDULES AND |
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| | AMENDMENTS TO SCHEDULES, RELATING TO PART 1 |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State must not make an order to bring sections 1 to 103 of this |
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| | | (a) | an inquiry by Her Majesty’s Inspectorate of Constabulary into the impact |
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| | | of the introduction of police and crime commissioners in England and |
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| | | Wales has been completed, and |
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| | | (b) | the Secretary of State has considered the recommendations of that |
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| | | Memorandum of Understanding |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must publish a Memorandum of Understanding on the |
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| | | Operational Responsibility of Chief Constables detailing where their actions shall |
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| | | be independent of the Police and Crime Commissioner. |
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| | | (2) | The Secretary of State may by regulations made by statutory instrument bring |
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| | | into force the Memorandum of Understanding published under subsection (1). |
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| | | (3) | Regulations under subsection (2) may not be made unless a draft of the instrument |
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| | | has been laid before, and approved by a resolution of each House of Parliament.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The police and crime commissioner must notify the relevant police and crime |
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| | | panel (the “panel”) of the precept which the commissioner is proposing to issue |
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| | | for the financial year (the “proposed precept”). |
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| | | (2) | The panel must review the proposed precept and make a report to the |
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| | | commissioner on the proposed precept, which may include recommendations, |
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| | | including as to the proposed precept. |
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| | | (3) | The commissioner must respond in writing to the panel, either to accept the |
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| | | recommendations, in full or in part, or to reject them, and to state whether the |
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| | | proposed precept is revised or unchanged following consideration of the panel’s |
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| | | (4) | The proposed precept will then be fixed as the precept under section 40 of the |
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| | | Local Government Act 1992 unless the panel rejects the proposed precept by at |
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| | | least three-quarters of the persons who are members of the panel at such time |
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| | | voting for such rejection. |
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| | | (5) | If, following such rejection, the panel and the police and crime commissioner |
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| | | agree within 14 days a proposed precept, then the police and crime commissioner |
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| | | shall issue that proposed precept as the precept for the financial year. |
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| | | (6) | Otherwise the panel shall propose an alternative precept, and provision shall be |
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| | | made by the participating authorities for a referendum across the relevant police |
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| | | force area to determine whether the precept proposed by the commissioner, or the |
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| | | alternative precept proposed by the panel, shall be fixed as the precept for the |
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| | | (7) | The Secretary of State may make regulations with regard to the timing of the |
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| | | provisions of this Clause and the procedures that are to be followed in respect of |
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| | | a referendum described in sub-Clause (6).’. |
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| | Page 1, line 7 [Clause 1], after ‘area’, insert ‘except those in Wales’. |
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| | Page 2, line 44 [Clause 2], at end insert ‘such that the police and crime |
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| | commissioner shall have no involvement in decisions with respect to individual |
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| | investigations and arrests.’. |
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| | Page 4, line 15 [Clause 3], at end insert— |
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| | | ‘(8A) | The Mayor’s Office for Policing and Crime must not ask, require or encourage |
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| | | the Commissioner of Police of the Metropolis to act in a manner which could— |
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| | | (a) | put the Commissioner in breach of his attestation under oath in |
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| | | accordance with Schedule 4 of the Police Act 1996; or |
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| | | (b) | conflict with the Commissioner’s exercise of direction and control under |
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| | | (8B) | If the Commissioner of Police of the Metropolis reasonably believes that the |
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| | | Mayor’s Office for Policing and Crime has asked, required or encouraged him to |
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| | | act in a manner that is prohibited under subsection (8A), he may notify the |
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| | | London Assembly police and crime panel. |
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| | | (8C) | For the avoidance of doubt, any purported direction by the Mayor’s Office for |
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| | | Policing and Crime under subsection (8A) has no legal effect.’. |
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| | Page 5, line 12 [Clause 5], leave out subsection (3) and insert— |
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| | | ‘(3) | Thereafter, a police and crime commissioner shall issue a police and crime plan |
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| | | before the beginning of each financial year.’. |
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| | Page 5, line 14 [Clause 5], leave out subsection (4). |
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| | Page 5, line 15 [Clause 5], leave out ‘or varying’. |
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| | Page 5, line 18 [Clause 5], leave out ‘or varying’. |
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| | Page 5, line 18 [Clause 5], leave out subsection (6) and insert— |
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| | | ‘(6) | Before issuing a police and crime plan, a police and crime commissioner must |
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| | | consult the chief constable and the police and crime panel for the police force |
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| | | (6A) | A draft of a police and crime plan required to be issued by the police and crime |
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| | | commissioner under this section shall be prepared by the relevant chief constable |
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| | | and submitted by him to the police and crime commissioner for him to consider. |
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| | | (6B) | Before issuing a police and crime plan, a police and crime commissioner must— |
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| | | (a) | send the draft plan to the relevant police and crime panel, |
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| | | (b) | have regard to any report or recommendations made by the panel in |
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| | | relation to the draft plan (see section 28(2)), |
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| | | (c) | give the panel a response to any such report or recommendations which |
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| | | must include the reasons why individual recommendations have, or have |
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| | | (d) | publish any such response.’. |
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| | Page 5, line 20 [Clause 5], leave out ‘or variation’. |
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| | Page 5, line 21 [Clause 5], leave out ‘or variation’. |
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| | Page 5, line 23 [Clause 5], leave out ‘or variation’. |
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| | Page 5, line 25 [Clause 5], leave out ‘or variation’. |
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| | Page 5, line 28 [Clause 5], leave out ‘(6)(c) and insert ‘(6B)(a)’. |
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| | Page 5, line 32 [Clause 5], leave out ‘or varying a’. |
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| | Page 5, line 32 [Clause 5], at end insert ‘if, and to the extent that, the plan or |
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| | variation is different from the draft prepared in accordance with subsection (6)’. |
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| | Page 5 [Clause 5], leave out line 40 and insert ‘and have regard to any relevant matters |
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| | under this subsection in preparing the next annual police and crime plan.’. |
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| | Page 6, line 1 [Clause 5], leave out ‘or varies’. |
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| | Page 6, line 3 [Clause 5], leave out ‘or the variation,’. |
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| | Page 6, line 5 [Clause 5], leave out ‘or the variation,’. |
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| | Page 6, line 6 [Clause 5], leave out subsection (11). |
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| | Page 6, line 10 [Clause 5], leave out ‘(6)(f) and insert ‘(6B)(d)’. |
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| | Page 6, line 11 [Clause 5], after ‘plan’, insert ‘or variation’. |
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| | Page 6, line 44 [Clause 6], at end insert ‘if, and to the extent that, the plan or |
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| | variation is different from the draft prepared in accordance with subsection (6)’. |
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| | Page 7, line 12 [Clause 6], leave out ‘and (7) to (8A)’ and insert ‘(7) to (8A), and |
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| | Page 7, line 37 [Clause 7], leave out paragraph (b ) and insert— |
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| | | ‘(b) | the police and crime panel’s police and crime objectives;’. |
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| | Page 7, line 43 [Clause 7], leave out ‘chief officer’s provision of policing’ and |
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| | insert ‘police force’s performance’. |
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| | Page 7, line 44 [Clause 7], leave out ‘chief officer of police’s performance in |
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| | providing policing’ and insert ‘ police force’s performance’. |
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| | Page 8, line 4 [Clause 7], leave out ‘elected local policing body’s’. |
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| | Page 8, line 6 [Clause 7], leave out ‘the body’s’. |
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