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Amendments to the Police Reform Bill [HL]

Police Reform Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 14th February 2002, as follows—

Clauses 1 to 8
Schedule 1
Clause 9
Schedule 2
Clauses 10 to 13
Schedule 3
Clauses 14 to 27
Clause 33
Schedule 4
Clauses 34 and 35
Schedule 5
Clauses 36 to 42
Schedule 6
Clauses 43 to 55
Clauses 28 to 32
Clauses 56 to 78
Schedules 7 and 8
Clause 79

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

1Page 1, line 6, at beginning insert "After consultation with relevant persons,"
2Page 1, line 6, after "State," insert "not less than six months"
3Page 1, line 6, leave out "beginning of" and insert "end of the October preceding"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

4Page 1, line 8, after "Plan" insert "(including roads policing)"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY

5Page 1, line 9, at end insert "by 31st October of the year preceding the financial year to which the plan relates"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

6Page 1, line 9, at end insert—
"(   )  In preparing the National Policing Plan for each year, the Secretary of State shall consult—
(a)  persons whom he considers to represent the interests 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;
(c)  the service authorities for the National Criminal Intelligence Service and the National Crime Squad;
(d)  the Directors General of the National Criminal Intelligence Service and the National Crime Squad; and
(e)  such other persons as he thinks fit."
 

THE LORD PEYTON OF YEOVIL

7Page 1, line 16, leave out "intending or"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY

8Page 1, line 18, at end insert—
"(   )  the setting of any objectives under section 26 or 71 of the Police Act 1997 (c. 50);"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

9Page 2, line 9, at end insert—
"(   )  measures to reduce road casualties"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY

10Page 2, line 10, leave out ", plans and advice"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

11Page 2, line 14, at end insert—
    "(   )  Before preparing the National Policing Plan for each year, the Secretary of State shall consult—
    (a)  persons whom he considers to represent the interests of police authorities;
    (b)  persons whom he considers to represent the interests of chief constables of forces maintained by those authorities; and
    (c)  such other organisations representative of the recipients of police services as he considers appropriate."
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

12Page 2, line 25, at end insert ", but not at intervals of less than 12 months"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

13Page 2, line 25, at end insert—
    "(   )  Before issuing any code of practice under this section or revising the whole or any part of such a code the Secretary of State shall consult—
    (a)  persons whom he considers to represent the interests of police authorities in England and Wales; and
    (b)  persons whom he considers to represent the interests of chief officers of police of forces maintained by those authorities."
 

THE LORD PEYTON OF YEOVIL

14Page 2, line 34, after "with" insert "chief officers and"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

15Page 2, line 36, at end insert—
    "(   )  The Secretary of State shall lay before Parliament a copy of any code of practice, and any revision of a code of practice, issued by him under this section."
 

THE LORD ELTON

16*Page 2, line 36, at end insert—
    (6)  Subsections (1) and (2) of this section are subject to section (Limitation of powers of Secretary of State) of the Police Reform Act 2002.
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

17Page 2, line 40, after "time" insert ", if he has reason to believe that the inspectors of constabulary have failed to comply with their obligations under this section in that respect,"
 

THE LORD DIXON-SMITH
VISCOUNT BRIDGEMAN

18*Page 3, leave out lines 1 to 4
 

THE LORD PEYTON OF YEOVIL

19Page 3, leave out lines 7 and 8
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

20Page 3, leave out line 14
 

THE LORD DIXON-SMITH
VISCOUNT BRIDGEMAN

21*Page 3, leave out lines 15 to 17
 

THE LORD PEYTON OF YEOVIL

22Page 3, leave out lines 20 and 21
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

23Page 3, line 30, leave out "the whole or any part of"
24Page 3, line 31, leave out ", whether generally or in particular respects,"
25Page 3, line 33, leave out "the whole or a part of"
26Page 3, line 34, leave out ", whether generally or in particular respects,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

27Page 3, line 36, after "may" insert ", after consulting the police authority responsible for maintaining that force about the remedial measures needed,"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

28Page 3, line 38, at end insert "and which, in the opinion of the person making the report, are necessary"
 

THE LORD HARRIS OF HARINGEY

29Page 3, line 38, at end insert—
"(2)  A direction under this section may require a police authority to require the chief officer of police of the police force to prepare and submit to that authority a plan ("an action plan") for taking remedial measures in relation to the matters identified in an inspection report mentioned in subsection (1).
(3)  The provision which a police authority may require to be included in an action plan shall include—
(a)  the steps it is proposed to take to remedy the matters identified in the inspection report mentioned in subsection (1) and the proposed performance targets to be aimed at in relation to those matters;
(b)  the time limits to be applied to the taking of those steps and to the meeting of those targets;
(c)  provision for the making of progress reports on the implementation of the plan to the police authority in such a manner and at such times as may be specified by the authority; and
(d)  provision for the duration of the plan and for it to cease to apply in the circumstances determined by the police authority, with the approval of the Secretary of State.
(4)  An action plan shall not relate to any matters other than those in relation to which functions fall to be discharged by the chief officer of police of the force in question.
(5)  Before approving the action plan, the police authority may, after consultation with the chief officer, revise or amend it.
(6)  The police authority shall forward a copy of the action plan to the Secretary of State and may further amend or revise the plan in the light of any representations made to it by the Secretary of State.
(7)  Nothing in this section shall authorise the Secretary of State to direct, or the police authority to require, the inclusion in an action plan of any requirement to do, or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.
(8)  A chief officer of police of any police force shall comply with any requirement made of him by the police authority maintaining that force in response to a direction of the Secretary of State made under this section."
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD PEYTON OF YEOVIL

30Page 4, line 2, leave out "whether"
31Page 4, line 3, leave out "or otherwise"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

32Page 4, leave out lines 5 and 6 and insert—
"(a)  that the force is, or in particular respects, not efficient or not effective; or"
33Page 4, line 7, leave out "the whole or a part of"
34Page 4, line 8, leave out ", whether generally or in particular respects,"
 

THE LORD ELTON

35*Page 4, line 10, at beginning insert "Subject to section (Limitation of powers of Secretary of State) of the Police Reform Act 2002,"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

36Page 4, line 10, after second "the" insert "police authority to require the"
37Page 4, line 11, leave out "and submit" and insert "for submission"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

38Page 4, line 11, leave out "Secretary of State" and insert "police authority maintaining that force"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

39Page 4, line 12, leave out from "measures" to end of line 14 and insert "for the purpose of restoring the efficiency and effectiveness of his force"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

40Page 4, leave out lines 18 to 25 and insert—
    "(4)  On considering an action plan submitted by the chief officer of police, a police authority may, after consulting the chief officer, revise or amend that plan before submitting it to the Secretary of State."
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

41Page 4, line 19, leave out "chief officer of police of the"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

42Page 4, leave out lines 26 to 28 and insert—
    "(5)     Before giving a direction under this section, the Secretary of State shall consult the police authority maintaining that force on the content of the direction, including in particular on the provisions under subsection (7) to be included in an action plan and shall have regard to any representations made by that authority."
     

    THE LORD DIXON-SMITH
    THE VISCOUNT BRIDGEMAN
    THE LORD PEYTON OF YEOVIL

43Page 4, line 26, leave out "On" and insert "Before"
 

THE LORD PEYTON OF YEOVIL

44Page 4, line 27, leave out "notify" and insert "consult"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

45Page 4, line 27, leave out from "shall" to end of line 28 and insert "consult the police authority maintaining that force regarding the direction he proposes to give and shall have regard to any representations made by that police authority"
 

THE LORD PEYTON OF YEOVIL

46Page 4, line 28, leave out "that he has given that direction"
 

THE LORD ELTON

47Page 4, line 29, at beginning insert "Subject to subsection (12)"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW

48Page 4, line 30, leave out "or resubmission"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

49Page 4, leave out lines 31 to 43 and insert—
        "(7)   Subject to subsection (7A) below, the provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes—
    (a)  provision for the taking of such steps, and for the imposition by the police authority of such performance targets as may be specified for the purposes of the plan by the Secretary of State;
    (b)  provision for the time limits so specified to be applied to the taking of those steps and the meeting of those targets;
    (c)  provision for the making of progress reports about the implementation of the action plan to the police authority at times and in a manner specified by that authority;
    (d)  provision for the police authority to make regular reports on progress against the action plan to the Secretary of State; and
    (e)  provision for the duration of the plan and for it to cease to apply in the circumstances determined by the police authority, with the approval of the Secretary of State.
    (7A)      Before including in any direction provisions relating to the matters set out in subsection (7)(a) or (b), the Secretary of State shall take into consideration the views of the police authority maintaining the force in question."
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

50Page 4, line 32, leave out "or resubmitted"
51Page 4, leave out lines 34 to 38
 

THE LORD ELTON

52*Page 4, line 36, at end insert "subject to section (Limitation of powers of Secretary of State) of the Police Reform Act 2002"
53Page 4, line 37, after "provision" insert ", subject to subsection (12)"
54Page 4, leave out lines 44 to 47
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

55Page 5, leave out lines 1 to 4
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

56Page 5, leave out lines 1 to 9
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

57Page 5, line 1, leave out "or resubmitting"
58Page 5, leave out lines 10 and 11
59Page 5, line 11, at end insert "and, subject to his obtaining the approval of the relevant police authority to such plan, shall take such steps as are necessary and practicable to implement any action plan resulting from such direction"
 

THE LORD ELTON

60Page 5, line 11, at end insert—
"(12)  The time limits set in this section shall be set after consultation with the police authority referred to in subsection (9)."
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

 
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©Parliamentary copyright 2002
27 February 2002