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back to previous amendments
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 135 | Page 7, line 9, leave out paragraph (b) and insert— |
| "(b) | not less than five members appointed by the Magistrates Association; and |
| (c) | not less than five members appointed by the Local Government Association." |
| | THE LORD PEYTON OF YEOVIL |
| 136 | Page 7, line 9, at end insert ", of whom at least three shall have had experience as members of a police force" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 137 | Page 7, line 26, at end insert "; or |
| (e) | he is or has at any time been an accredited person for the purposes of section 35 or an employer of accredited persons under a community safety accreditation scheme" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 137A | Page 81, line 37, leave out sub-paragraph (2) |
| 138 | Page 82, line 3, leave out "Subject to sub-paragraphs (3) and (5)," |
| 139 | Page 82, line 5, leave out sub-paragraph (3) |
| 140 | Page 82, line 7, leave out "Subject to sub-paragraph (5)," |
| 141 | Page 82, line 9, leave out ", with the approval of the Secretary of State," |
| 142 | Page 82, line 9, leave out "with the approval of" and insert "after consulting" |
| 143 | Page 82, line 10, leave out sub-paragraph (5) |
| 144 | Page 82, line 16, at beginning insert "After consultation with the Secretary of State," |
| 145 | Page 82, line 30, leave out sub-paragraph (5) |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 146 | Page 8, line 16, leave out from beginning to first "to" in line 17 |
| 147 | Page 8, line 20, leave out "broadly" |
| 148 | Page 9, line 1, leave out sub-paragraph (ii) |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 149 | Page 10, line 2, leave out paragraphs (a) and (b) |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 150 | Page 11, line 9, leave out from "public" to end of line 13 |
| 151 | Page 11, line 14, leave out "any of paragraphs (a) to (c)" and insert "paragraph (a)" |
| 152 | Page 11, line 24, leave out subsections (3) to (5) |
| 153 | Page 11, line 43, leave out "to (c)" |
| 154 | Page 12, line 1, leave out paragraph (a) |
| 155 | Page 12, line 4, leave out paragraph (b) |
| 156 | Page 12, line 11, at end insert "; or |
| (d) | he is an accredited person for the purposes of section 35" |
| | THE LORD DIXON-SMITH
VISCOUNT BRIDGEMAN |
| 157 | Page 89, leave out lines 32 and 33 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 158 | Page 91, line 39, after "not" insert "(unless it constitutes an admission of a criminal offence punishable on indictment by a maximum term of imprisonment of five years or more)" |
| | THE LORD DIXON-SMITH
VISCOUNT BRIDGEMAN |
| 159 | Page 92, leave out lines 24 to 26 |
| 160 | Page 93, line 45, leave out from "with;" to end of line 2 on page 94 |
| 161 | Page 94, line 34, at end insert— |
| "(6) | Where a conduct matter under sub-paragraph (2) results in criminal charges which are heard before a court, if the court either dismisses the charge for lack of evidence or acquits the person or persons charged no other action of a disciplinary nature shall be taken." |
| 162 | Page 12, line 24, after "officers" insert "and to police authorities" |
| 163 | Page 12, line 27, after "officer" insert "and of a police authority" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 164 | Page 17, line 13, leave out subsection (2) |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 165 | Page 18, line 27, after "person" insert "(other than a person against whom a complaint is upheld)" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 166 | Page 19, line 19, leave out paragraph (c) |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 167 | Page 20, line 3, leave out "may" and insert "shall" |
| 168 | Page 20, line 48, at end insert ", in the cases and to the extent specified in the regulations" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 169 | Page 21, line 31, leave out "For" and insert "At the end of" |
| 170 | Page 21, line 32, leave out from "be" to end of line 38 and insert "added "by applying, with such modifications as he may think fit, any provision made by or under Part 2 of the Police Reform Act 2002 (c. 00) (complaints and misconduct)."" |
| 171 | Page 21, line 40, leave out paragraph (a) |
| 172 | Page 21, line 45, leave out subsection (3) |
| 173 | Page 22, line 11, at end insert "there shall be substituted—" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 174 | Page 22, line 36, leave out "each have power to" |
| 175 | Page 23, line 10, leave out "made," |
| 176 | Page 23, line 11, at end insert— |
| "( ) | An agreement or order under this section in relation to any body of constables may contain provision for enabling the Commission to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement or order as disciplinary proceedings in relation to members of that body of constables." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 177 | Page 23, line 38, leave out "may" and insert "shall" |
| 178 | Page 23, line 44, leave out "may" and insert "shall" |
| 179 | Page 23, line 45, after "fit," insert "to" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 180 | Page 24, line 10, after "Part," insert "after consultation with the Police Complaints Authority and, if appropriate, the Commission," |
| 181 | Page 24, line 11, leave out "(including provision modifying this Part)" |
| 182 | Page 24, line 16, at end insert— |
| | "from the Police Complaints Authority or any police authority." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 183 | 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 set out in paragraphs (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 DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 184 | Page 31, line 34, at beginning insert "After consultation with his Police Authority," |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 185 | Page 31, line 34, at beginning insert "Subject to subsections (2A) to (2E) below," |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 186 | Page 31, line 39, leave out paragraph (a) |
| 187 | Page 32, line 2, at end insert— |
| "(2A) | A Director General may designate any person who— |
| (a) | is an employee of his Service Authority, and |
| (b) | is under the direction and control of that Director General, |
| | as an investigating officer." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 188 | 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 three year strategy issued by the authority under section 6A of the Police Act 1996 (c. 16) 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 subsection (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." |
| 189 | Page 32, line 3, after "police" insert "or a Director General" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 190 | Page 32, line 10, at end insert "; and |
| (d) | is properly equipped to carry out those functions" |
| | THE BARONESS GARDNER OF PARKES |
| 191 | Page 32, line 10, at end insert "; and |
| (d) | has access to appropriate means of personal protection" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 192 | Page 32, line 10, at end insert— |
| "( ) | The training given in accordance with subsection (3)(c) shall be the same as that which would otherwise have been given to a police officer in respect of tasks to be conducted by that individual pursuant to the designation." |
| 193 | Page 32, line 13, leave out from "duties" to "that" in line 15 |
| 194 | Page 32, line 15, leave out "that are to apply to the designated person" |
| 195 | Page 32, line 17, leave out paragraph (a) |
| 196 | Page 32, line 22, leave out "A person" and insert "An employee of a police authority or of a Service Authority" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 197 | Page 32, line 24, leave out paragraph (a) |
| 198 | Page 32, line 25, leave out "his employment by a police authority" and insert "that employment" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 199 | Page 32, line 27, leave out paragraph (b) |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 200 | Page 32, line 29, leave out subsection (7) |
| 201 | Page 32, line 39, at end insert— |
| | "Director General" means— |
| (a) | the Director General of the National Criminal Intelligence Service; or |
| (b) | the Director General of the National Crime Squad; and |
| | "Service Authority" means— |
| (a) | in relation to employment with the National Criminal Intelligence Service and to its Director General, the Service Authority for the National Criminal Intelligence Service; and |
| (b) | in relation to employment with the National Crime Squad and to its Director General, the Service Authority for the National Crime Squad." |
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