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back to previous amendments
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Insert the following new Clause— |
| (1) | The chief officer of police of a police force maintained for a police area who appoints special constables in accordance with section 27 of the 1996 Act (special constables), shall submit to the police authority for that area a draft scheme relating to the appointment, deployment and progression of such special constables. |
| (2) | A draft scheme submitted under this section shall include the chief officer's proposals for— |
| (a) | the recruitment, appointment, retention and progression of special constables; |
| (b) | the arrangements for the provision of training for special constables; |
| (c) | the arrangements for the provision of equipment for special constables; |
| (d) | the arrangements for the making of payments to such special constables and the circumstances in which special constables shall be eligible for such payments; and |
| (e) | an estimate of the costs to the police fund kept by the police authority of the scheme as a whole and each of the elements (a) to (d) above. |
| (3) | Before approving any such scheme, the police authority may, after consulting the chief officer, revise or amend it. |
| (4) | The chief officer may from time to time submit draft proposals for a revised or modified scheme to the police authority for its approval." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 31, line 34, at beginning insert "Subject to subsections (2A) to (2E) below," |
| Page 32, line 2, at end insert— |
| "(2A) | Before exercising his powers under this section, a chief officer of police of any police force must submit to the police authority maintaining that force a draft scheme (a "designation scheme") setting out— |
| (a) | the purpose of the proposed designation scheme relating to the designation of persons under this section and the expected benefits for the policing of the area; |
| (b) | how the designation scheme contributes to the 3 year strategy issued by the authority under section 6A of the Police Act 1996 and the local policing plan issued by that authority under section 8 of that Act; |
| (c) | the extent and nature of the powers he proposes to confer on designated persons; |
| (d) | how the suitability and capability of persons to be designated under the scheme will be assessed; |
| (e) | the arrangements for the provision of training to such designated persons; |
| (f) | the arrangements for the provision of equipment to such designated persons and any health and safety implications of the proposals; and |
| (g) | an estimate of the direct and ancillary costs of the scheme to the police fund kept by the police authority. |
| (2B) | The chief officer shall not exercise his powers under this section until the police authority has approved a designation scheme for this purpose. |
| (2C) | Before approving any scheme, or any modified or revised scheme, which differs from the draft scheme submitted by the chief officer, the police authority shall consult the chief officer. |
| (2D) | Before approving any such scheme, the police authority may consider any views obtained by the authority in accordance with arrangements made under section 96 of the Police Act 1996. |
| (2E) | The chief officer may from time to time submit to the police authority a revised or modified draft scheme for its consideration. |
| (2F) | It shall be the responsibility of any police authority which has approved any scheme under sub-section 2A above to keep itself informed of the workings of the scheme, including, in particular to monitor the impact of the scheme on public confidence in the force maintained by that authority." |
| Page 32, leave out subsection (7) |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 109, line 34, leave out from beginning to end of line 29 on page 110 |
| Page 110, leave out lines 30 to 39 |
| Page 110, line 40, leave out from beginning to end of line 20 on page 111 |
| Page 113, leave out lines 3 to 24 |
| Page 118, leave out lines 14 to 23 |
| Page 118, leave out lines 35 to 42 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 32, line 41, at beginning insert "Subject to subsection (3) below," |
| Page 32, line 43, leave out "for the exercise" |
| Page 32, line 44, leave out from "area" to end of line 45. |
| Page 33, leave subsection (3) and insert— |
| "( ) | Before establishing any scheme under this section, a chief officer of police of any police force must submit for consideration to the police authority maintaining that force a draft scheme setting out— |
| (a) | the purposes of the proposed scheme and the expected benefits for the policing of the area; |
| (b) | how the scheme fits with the three year strategy issued by the police authority under section 6A of the Police Act 1996 and the local policing plan issued by that authority under section 8 of that Act; |
| (c) | the policy and strategy relating to the deployment in the police area of accredited persons; |
| (d) | the provisions for entering into arrangements with employers in the area and the nature of the business of employers with whom it is proposed to enter into such arrangements; |
| (e) | the standards against which the suitability of such employers to supervise accredited persons will be assessed; |
| (f) | how the suitability and capability of persons to be accredited under section 35 will be assessed; |
| (g) | the proposed training standards which such employers will be required to provide to employees to be accredited under section 35; |
| (h) | the proposed standards in relation to complaints and disciplinary arrangements in relation to employees accredited under section 35 which such employers will be expected to put in place; |
| (i) | the codes of practice or guidance which employees accredited under section 35 will be expected to meet in performing their functions; and |
| (j) | the expected direct and ancillary costs of the scheme to the police fund for the area. |
| ( ) | The chief officer shall not establish any scheme under this section until it has been approved by the police authority. |
| ( ) | Before approving any scheme, or any modified or revised scheme, which differs from the draft submitted by the chief officer, the police authority shall consult the chief officer. |
| ( ) | Before approving any such scheme, the police authority may consider any views obtained by the authority in accordance with arrangements made under section 96 of the Police Act 1996. |
| ( ) | The chief officer may from time to time submit to the police authority a revised or modified draft scheme for its approval. |
| ( ) | It shall be the responsibility of the police authority which has approved a scheme under this section to keep itself informed of the workings of the scheme and in particular to monitor the impact of the scheme on public confidence in the force maintained by that authority." |
| Page 33, line 34, leave out from "persons" to "under" and insert "accredited" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 33, leave out subsection (3) |
| Page 34, line 6, leave out from "person" to "accreditation" in line 7 and insert "for" |
| Page 34, line 8, leave out from "functions" to "and" in line 9, and insert "for which he is accredited" |
| Page 34, line 10, leave out "for the exercise of those powers" |
| Page 34, line 12, leave out "chief officer of police" and insert "police authority" |
| Page 34, line 12, leave out "he" and insert "the authority" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 122, leave out from line 21 to line 7 on page 123 |
| Page 123, leave out lines 8 to 17 |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 5 be the fifth Schedule to the Bill. |
| Insert the following new Clause— |
| | "Additional powers of traffic wardens: abnormal loads |
| | In section 96 of the Road Traffic Regulation Act 1984 (c. 27) (Additional powers of traffic wardens), after subsection 2(d), there shall be inserted— |
| "(e) | any order made under sections 1 or 6 of this Act relating to the movement of an abnormal load where "abnormal load" means a load, including the carrying vehicle, whose weights or dimensions— |
| (i) | exceed those within regulations made under section 41 of the Road Traffic Act 1988 (c. 52), or |
| (ii) | are such that regulations made under section 41 of the Road Traffic Act 1988 require movement of the load to be notified to the chief officer of police."" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 35, leave out lines 36 to 38 |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill. |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 37, leave out lines 21 to 23 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 29, line 43, at end insert— |
| "(1C) | Before exercising his powers under subsections (1) or (1A) above, the Secretary of State shall consult the Metropolitan Police Authority, or as the case may be, the other police authority in question, and have regard to any representations made by the authority." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 59, leave out line 15 and insert "In considering the draft plan, the police authority" |
| Page 59, line 23, leave out "and as to the form to be taken by any such plan" |
| Page 59, line 29, at end insert— |
| "( ) | Any guidance, or any modified or revised guidance issued by the Secretary of State under subsection (6) above shall be issued no later than 30th June in the year preceding the beginning of the relevant three year period to which it applies." |
| Page 59, line 31, leave out "such persons as he thinks fit" and insert— |
| "(a) | persons whom he considers to represent the interest of police authorities in England and Wales; |
| (b) | persons whom he considers to represent the interests of chief officers of police of forces maintained by those authorities; and |
| (c) | such other persons as he thinks fit." |
| Page 59, leave out lines 32 to 34 |
| Page 59, line 44, leave out from beginning to end of line 15 on page 60 |
| Page 60, leave out lines 22 to 26 |
| Page 60, leave out lines 27 to 34 |
| Page 60, leave out lines 35 to 37 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| Page 61, line 24, at end insert "; and |
| (e) | every police authority any part of whose police area lies within the area" |
| Page 61, line 45, at end insert— |
| "( ) | paragraph (a) shall cease to have effect" |
| Insert the following new Clause— |
| | "Provision of special services |
| | In section 25 of the 1996 Act (Provision of special services), after subsection (1) there shall be inserted— |
| "(1A) | Such services may include provision of an escort service for the movement of abnormal loads in any locality in the police area for which the force is maintained, subject to subsection (1A) and (1B) below if— |
| (a) | the load cannot be moved under a general order made under section 44 of the Road Traffic Act 1988 by reason of its gross weight or overall dimensions, or |
| (b) | it is necessary to move the load at a time when suitable police resources would not normally be available and, in the opinion of the Chief Officer or the operator, it is essential that the load is escorted by the police because— |
| (i) | the load is particularly awkward, or |
| (ii) | the agreed route is particularly hazardous in view of the nature of the load. |
| (1B) | Provision of services in accordance with subsection (2) is subject to the payment to the police authority of such charges as may be determined by the authority, provided that— |
| (a) | on request of an operator, a fixed charge for the escort of the load is quoted in advance and the same quotation is offered to any other operator who appears to be planning the movement of the same or a similar load, and |
| (b) | when a fixed charge for the escort of the load is quoted in advance, the charge is reasonable but may have an allowance for contingencies. |
| | "operator" means the person operating the vehicle carrying or drawing the abnormal load, |
| | "abnormal load" means a load, including the carrying vehicle, whose weights or dimensions— |
| (a) | exceed those within regulations made under section 41 of the Road Traffic Act 1988, or |
| (b) | are such that regulations made under section 41 of the Road Traffic Act 1988 require movement of the load to be notified to the chief officer of police."" |
| Insert the following new Clause— |
| | "Escort for abnormal loads |
| | "The Secretary of State may by regulations make provision requiring all police forces in England and Wales to provide a police escort for abnormal loads moved under the provisions of section 44 of the Road Traffic Act 1988 (c. 52) (authorisation of use on roads of special vehicles not complying with section 41 regulations) only if— |
| (a) | the driver of the load is likely to have to contravene traffic regulations; |
| (b) | the load cannot be moved under a general order made under section 44 of the Road Traffic Act 1988 by reason of its gross weight or overall dimensions; |
| (c) | in the opinion of the chief constable or the operator, the load is particularly awkward; or |
| (d) | in the opinion of the chief constable or the operator, the agreed route is particularly hazardous in view of the nature of the load"" |
| Insert the following new Clause— |
| | "Removal of vehicles by Police Contracted Recovery Schemes |
| | In section 99 of the Road Traffic Regulation Act 1984 (c. 27) (Removal of vehicles etc.), after paragraph 2(c) there shall be inserted— |
| "(d) | may, subject to subsection (e) and (f) provide for Police Contracted Recovery Schemes. |
| (e) | Any regulations for a scheme under subsection 2(d) shall provide that— |
| (i) | all appointed recovery operators are accredited to an International Standards Organisation standard; |
| (ii) | a person whose vehicle falls within subsection (1) is, subject to subsection (iii) or (iv), given the opportunity to arrange removal himself; |
| (iii) | subsection (ii) shall not apply if a constable believes safety of other road users would be compromised and the customer is unlikely to be able to arrange for the vehicle's removal before the appointed recovery operator; |
| (iv) | subsection (ii) shall not apply if the road on which the vehicle is permitted to rest is a special road and the customer is unlikely to be able to arrange for the vehicle's removal within a time specified in the regulations or one hour, whichever is the greater; |
| (v) | if a person whose vehicle falls within subsection (1), arranges removal of the vehicle himself and his choice of recovery operator arrives before the appointed recovery operator, he shall be under no obligation to the appointed recovery operator or the authority; |
| (vi) | neither the authority, the chief police officer or the police authority may benefit from a preferential scale of charges or free services from an appointed recovery operator; |
| (vii) | when a vehicle has been abandoned by the owner or registered keeper the authority shall pay the appointed recovery operator the charges prescribed under section 102 of this Act; |
| (viii) | an appointed recovery operator shall not be required to give any financial or other consideration for being appointed; |
| (ix) | the police authority may make a financial charge, as prescribed, against the person whose vehicle falls within subsection (1), for despatching the appointed recovery operator and such a charge may be collected by the appointed recovery operator; |
| (x) | any scheme must allow for competition, new operators joining the scheme and aim to have operators no further than a prescribed distance from each other; |
| (xi) | no person shall be appointed under a police contracted recovery scheme if he is not of good repute as defined in subsection (xii); |
| (xii) | a person is of good repute if he meets similar requirements to paragraphs 1 to 6 of schedule 3 to the Goods Vehicle (Licensing of Operators) Act 1995 (c. 23); |
| (xiii) | appointed recovery operators shall not charge more than the amount prescribed under section 102 for recovering a vehicle weighing no more than 3500 kilograms unless approved by the chief officer of police on each occasion; |
| (xiv) | appointed recovery operators shall not charge more than the amount prescribed under section 102 for recovering a vehicle weighing more than 3500 kilograms unless there are unusual difficulties requiring extra facilities but rates shall not exceed those published under subsection (xv); and |
| (xv) | appointed recovery operators shall publish their scale of charges in such form as may be prescribed in one or more local papers. |
| (f) | before making any regulations under subsection 2(d) the Secretary of State shall consult such organisations as he considers necessary and in particular the authorities empowered by regulations under subsection 99(1)."" |
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