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Amendments to the Police Reform Bill [HL]

Police Reform Bill [HL]


SECOND
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 5 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 5

 

THE LORD ELTON

35Page 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

52Page 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.
 

After Clause 5

 

THE LORD ELTON
THE LORD WADDINGTON

61Insert the following new Clause—
  "Limitation of powers of Secretary of State
  The Secretary of State may not by direction or otherwise require a police authority or a chief officer of police to secure that any proportion of the officers authorised to act within that authority's area shall be—
(a)  officers specified in section 33(2),
(b)  accredited under section 35, or
(c)  special constables."
 

Clause 6

 

THE LORD DHOLAKIA
THE LORD BRADSHAW

62Page 5, line 47, leave out "such persons as he thinks fit" and insert—
"(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; and
(c)  such other persons as he thinks fit"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

63Page 6, line 8, at end insert "; and
(   )  communications equipment"
64Page 6, line 8, at end insert "; and
(   )  information technology (whether hardware or software)"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

Clause 7

 

THE LORD ELTON

65Page 6, line 12, at beginning insert "Subject to section (Limitation of powers of Secretary of State) of the Police Reform Act 2002,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

66Page 6, line 28, at end insert—
    "(   )  On considering any advice received from the Central Police Training and Development Authority and before making any regulations under this section, 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 forces maintained by those authorities."
 

THE LORD ROOKER

67Page 6, line 30, at end insert—
    "(   )  A statutory instrument containing the first regulations to be made under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
68Page 6, line 31, after "any" insert "other"
 

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 7 stand part of the Bill.
 

After Clause 7

 

THE LORD ELTON
THE LORD KIMBALL

69Insert the following new Clause—
  "Special constables
(1)  The Police Act 1996 (c. 16) is amended as follows.
(2)  In section 51 (2)(d) after "constables;" there shall be inserted—
"(dd)  the payment to special constables of an annual bounty;"."
 

Clause 8

 

THE LORD DHOLAKIA
THE LORD BRADSHAW

 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Schedule 1

 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

70Page 73, line 6, leave out paragraph 2
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

71Page 73, line 24, after "consult" insert—
"(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"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

72Page 73, line 27, 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 DHOLAKIA
THE LORD BRADSHAW

73Page 74, line 2, at end insert—
    "(2A)      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;
    (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 DIXON-SMITH
THE VISCOUNT BRIDGEMAN

74Page 74, line 14, 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."
75Page 74, line 22, leave out "the whole or any part of"
76Page 74, line 23, leave out ", whether generally or in particular respects,"
77Page 74, line 25, leave out "the whole or a part of"
78Page 74, line 26, leave out ", whether generally or in particular respects,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

79Page 74, line 29, after "Ministers" insert "and the NCIS Service Authority about the remedial measures needed"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

80Page 74, line 33, leave out "the whole or any part of"
81Page 74, line 34, leave out ", whether generally or in particular respects,"
82Page 74, line 36, leave out "the whole or a part of"
83Page 74, line 37, leave out ", whether generally or in particular respects,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

84Page 74, line 40, after "State" insert "and the NCIS Service Authority about the remedial measures needed"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

85Page 75, line 5, leave out "the whole or any part of"
86Page 75, line 6, leave out ", whether generally or in particular respects,"
87Page 75, line 8, leave out "the whole or a part of"
88Page 75, line 10, leave out ", whether generally or in particular respects,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

89Page 75, line 12, after "may" insert ", after consulting the NCS Service Authority about the remedial measures needed,"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

90Page 75, line 15, leave out paragraph 4
91Page 75, line 17, leave out "whether"
92Page 75, line 18, leave out "or otherwise"
93Page 75, line 19, leave out "the whole or any part of"
94Page 75, line 19, leave out ", whether generally or in particular respects,"
95Page 75, line 21, leave out "the whole or a part of"
96Page 75, line 22, leave out ", whether generally or in particular respects,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

97Page 75, line 26, leave out "Secretary of State" and insert "NCIS Service Authority"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

98Page 75, line 27, leave out from "measures" to end of line 17 on page 76 and insert "for the purpose of restoring the efficiency and effectiveness of NCIS"
99Page 75, leave out lines 34 to 42
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

100Page 75, leave out lines 34 to 42 and insert—
        "(4)   On considering an action plan submitted by the Director General of NCIS, the NCIS Service Authority may, after consulting the Director General of NCIS, revise or amend that plan before submitting it to the Secretary of State."
101Page 75, leave out lines 43 to 45 and insert—
        "(5)   Before giving a direction under this section, the Secretary of State shall consult the NCIS Service Authority on the content of the direction, including in particular on the provisions under subsection (7) below 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

102Page 75, line 43, leave out "On" and insert "Before"
103Page 75, line 44, leave out from "shall" to end of line 45 and insert "consult the NCIS Service Authority maintaining that force regarding the direction he proposes to give and shall have regard to any representations made by that authority"
 

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

104Page 76, line 2, leave out "or resubmission"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

105Page 76, leave out lines 4 to 17 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 NCIS Service 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 NCIS Service Authority at times and in a manner specified by that authority;
    (d)  provision for the NCIS Service 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 NCIS Service 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) of this section, the Secretary of State shall take into consideration the views of the NCIS Service Authority."
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

106Page 76, line 5, leave out "or resubmitted"
107Page 76, leave out lines 7 to 11
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

108Page 76, leave out lines 22 to 29
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

109Page 76, line 22, leave out "or resubmitting"
110Page 76, line 31, at end insert "and will, subject to his obtaining the approval of the NCIS Service Authority to such plan, take such steps as are necessary and practicable to implement any action plan resulting from such direction"
111Page 76, line 38, leave out "whether"
112Page 76, line 39, leave out "or otherwise"
113Page 76, line 41, leave out "the whole or any part of"
114Page 76, line 42, leave out ", whether generally or in particular respects,"
115Page 76, line 44, leave out "the whole or a part of"
116Page 76, line 45, leave out ", whether generally or in particular respects,"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

117Page 77, line 2, leave out "Secretary of State" and insert "NCS Service Authority"
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

118Page 77, line 3, leave out from "measures" to end of line 37 and insert "for the purpose of restoring the efficiency and effectiveness of the National Crime Squad"
119Page 77, leave out lines 10 to 17
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

120Page 77, leave out lines 10 to 17 and insert—
        "(4)   On considering an action plan submitted by the Director General of the National Crime Squad, the NCS Service Authority may, after consulting the Director General of the National Crime Squad, revise or amend that plan before submitting it to the Secretary of State."
121Page 77, leave out lines 18 to 20 and insert—
        "(5)   Before giving a direction under this section, the Secretary of State shall consult the NCS Service Authority on the content of the direction, including in particular on the provisions under subsection (7) below 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

122Page 77, line 18, leave out "On" and insert "Before"
123Page 77, line 19, leave out from "shall" to end of line 20 and insert "consult the NCS Service Authority maintaining that force regarding the direction he proposes to give and shall have regard to any representations made by that authority"
 

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

124Page 77, line 22, leave out "or resubmission"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

125Page 77, leave out lines 24 to 37 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 NCS Service 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 NCS Service Authority at times and in a manner specified by that authority;
    (d)  provision for the NCS Service 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 NCS Service 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 NCS Service Authority."
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

126Page 77, line 25, leave out "or resubmitted"
127Page 77, leave out lines 27 to 31
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

128Page 77, line 42, leave out from beginning to end of line 2 on page 78
 

THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN

129Page 77, line 42, leave out "or resubmitting"
130Page 78, line 4, at end insert "and will, subject to his obtaining the approval of the NCS Service Authority to such plan, take such steps as are necessary and practicable to implement any action plan resulting from such direction"
 

THE LORD DHOLAKIA
THE LORD BRADSHAW

131Page 78, line 35, leave out "such persons as he thinks fit" and insert—
"(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."
132Page 79, line 14, at end insert—
    "(   )   On considering any advice received from the Central Police Training and Development Authority, and before making any regulations under this section, 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."
133[Withdrawn]

 
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4 March 2002