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.
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 |
36 | Page 4, line 10, after second "the" insert "police authority to require the" |
37 | Page 4, line 11, leave out "and submit" and insert "for submission" |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
38 | Page 4, line 11, leave out "Secretary of State" and insert "police authority maintaining that force" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
39 | Page 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 |
40 | Page 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 |
41 | Page 4, line 19, leave out "chief officer of police of the" |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
42 | Page 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 |
43 | Page 4, line 26, leave out "On" and insert "Before" |
| THE LORD PEYTON OF YEOVIL |
44 | Page 4, line 27, leave out "notify" and insert "consult" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
45 | Page 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 |
46 | Page 4, line 28, leave out "that he has given that direction" |
47 | Page 4, line 29, at beginning insert "Subject to subsection (12)" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW |
48 | Page 4, line 30, leave out "or resubmission" |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
49 | Page 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 |
50 | Page 4, line 32, leave out "or resubmitted" |
51 | Page 4, leave out lines 34 to 38 |
52 | Page 4, line 36, at end insert "subject to section (Limitation of powers of Secretary of State) of the Police Reform Act 2002" |
53 | Page 4, line 37, after "provision" insert ", subject to subsection (12)" |
54 | Page 4, leave out lines 44 to 47 |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
55 | Page 5, leave out lines 1 to 4 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
56 | Page 5, leave out lines 1 to 9 |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
57 | Page 5, line 1, leave out "or resubmitting" |
58 | Page 5, leave out lines 10 and 11 |
59 | Page 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" |
60 | Page 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. |
| THE LORD ELTON
THE LORD WADDINGTON |
61 | Insert 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 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
62 | Page 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 |
63 | Page 6, line 8, at end insert "; and |
( ) | communications equipment" |
64 | Page 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. |
65 | Page 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 |
66 | Page 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." |
67 | Page 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." |
68 | Page 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. |
| THE LORD ELTON
THE LORD KIMBALL |
69 | Insert the following new Clause |
(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;"." |
| 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. |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
70 | Page 73, line 6, leave out paragraph 2 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
71 | Page 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 |
72 | Page 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 |
73 | Page 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 |
74 | Page 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." |
75 | Page 74, line 22, leave out "the whole or any part of" |
76 | Page 74, line 23, leave out ", whether generally or in particular respects," |
77 | Page 74, line 25, leave out "the whole or a part of" |
78 | Page 74, line 26, leave out ", whether generally or in particular respects," |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
79 | Page 74, line 29, after "Ministers" insert "and the NCIS Service Authority about the remedial measures needed" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
80 | Page 74, line 33, leave out "the whole or any part of" |
81 | Page 74, line 34, leave out ", whether generally or in particular respects," |
82 | Page 74, line 36, leave out "the whole or a part of" |
83 | Page 74, line 37, leave out ", whether generally or in particular respects," |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
84 | Page 74, line 40, after "State" insert "and the NCIS Service Authority about the remedial measures needed" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
85 | Page 75, line 5, leave out "the whole or any part of" |
86 | Page 75, line 6, leave out ", whether generally or in particular respects," |
87 | Page 75, line 8, leave out "the whole or a part of" |
88 | Page 75, line 10, leave out ", whether generally or in particular respects," |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
89 | Page 75, line 12, after "may" insert ", after consulting the NCS Service Authority about the remedial measures needed," |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
90 | Page 75, line 15, leave out paragraph 4 |
91 | Page 75, line 17, leave out "whether" |
92 | Page 75, line 18, leave out "or otherwise" |
93 | Page 75, line 19, leave out "the whole or any part of" |
94 | Page 75, line 19, leave out ", whether generally or in particular respects," |
95 | Page 75, line 21, leave out "the whole or a part of" |
96 | Page 75, line 22, leave out ", whether generally or in particular respects," |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
97 | Page 75, line 26, leave out "Secretary of State" and insert "NCIS Service Authority" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
98 | Page 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" |
99 | Page 75, leave out lines 34 to 42 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
100 | Page 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." |
101 | Page 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 |
102 | Page 75, line 43, leave out "On" and insert "Before" |
103 | Page 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 |
104 | Page 76, line 2, leave out "or resubmission" |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
105 | Page 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 |
106 | Page 76, line 5, leave out "or resubmitted" |
107 | Page 76, leave out lines 7 to 11 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
108 | Page 76, leave out lines 22 to 29 |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
109 | Page 76, line 22, leave out "or resubmitting" |
110 | Page 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" |
111 | Page 76, line 38, leave out "whether" |
112 | Page 76, line 39, leave out "or otherwise" |
113 | Page 76, line 41, leave out "the whole or any part of" |
114 | Page 76, line 42, leave out ", whether generally or in particular respects," |
115 | Page 76, line 44, leave out "the whole or a part of" |
116 | Page 76, line 45, leave out ", whether generally or in particular respects," |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
117 | Page 77, line 2, leave out "Secretary of State" and insert "NCS Service Authority" |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
118 | Page 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" |
119 | Page 77, leave out lines 10 to 17 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
120 | Page 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." |
121 | Page 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 |
122 | Page 77, line 18, leave out "On" and insert "Before" |
123 | Page 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 |
124 | Page 77, line 22, leave out "or resubmission" |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
125 | Page 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 |
126 | Page 77, line 25, leave out "or resubmitted" |
127 | Page 77, leave out lines 27 to 31 |
| THE LORD DHOLAKIA
THE LORD BRADSHAW |
128 | Page 77, line 42, leave out from beginning to end of line 2 on page 78 |
| THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
129 | Page 77, line 42, leave out "or resubmitting" |
130 | Page 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 |
131 | Page 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." |
132 | Page 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." |
|