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back to previous amendments
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 202 | Page 109, line 34, leave out paragraph 2 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 203 | Page 109, line 42, after "requirement" insert "without reasonable excuse" |
| 204 | Page 110, leave out lines 26 to 29 |
| 205 | Page 110, line 29, at end insert— |
| "( ) | Notwithstanding the requirement under sub-paragraph (3) for a person to wait with a person who imposed the requirement for a period not exceeding thirty minutes, the person making such a requirement shall notify a constable of the fact that such a requirement has been made as soon as practical after making the said requirement." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 206 | Page 110, line 30, leave out paragraph 3 |
| 207 | Page 110, line 40, leave out paragraph 4 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 208 | Page 111, line 21, leave out paragraph 5 |
| 209 | Page 111, line 32, leave out paragraph 6 |
| 210 | Page 111, line 44, leave out paragraph 7 |
| 211 | Page 112, line 9, leave out paragraph 8 |
| 212 | Page 112, line 14, leave out paragraph 9 |
| 213 | Page 112, line 25, leave out paragraph 10 |
| 214 | Page 112, line 31, leave out paragraph 11 |
| 215 | Page 112, line 40, leave out paragraph 12 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 216 | Page 113, line 3, leave out paragraph 13 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 217 | Page 118, line 14, leave out paragraph 24 |
| 218 | Page 118, line 35, leave out paragraph 26 |
| 219 | Page 121, line 33, at end insert "; and |
| ( ) | in relation to designation under section 33 by a Director General, means England and Wales." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 220 | Page 32, line 41, at beginning insert "Subject to subsection (3) below," |
| 221 | Page 32, line 43, leave out "for the exercise" |
| 222 | Page 32, line 44, leave out from "area" to end of line 45 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 223 | Page 32, line 44, after "him" insert "as community safety special constables" |
| 224 | Page 32, line 45, after "accreditations" insert "as special constables" |
| 225 | Page 33, line 3, leave out "and other forms of anti-social behaviour" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 226 | Page 33, line 4, leave out subsection (3) and insert— |
| "(3) | 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 (c. 16) 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. |
| (3A) | The chief officer of police shall not establish any scheme under this section until it has been approved by the police authority. |
| (3B) | Before approving any scheme, or any modified or revised scheme, which differs from the draft submitted by the chief officer of police, the police authority shall consult the chief officer. |
| (3C) | 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. |
| (3D) | The chief officer of police may from time to time submit to the police authority a revised or modified draft scheme for its approval. |
| (3E) | 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." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 227 | Page 33, line 24, leave out subsection (5) |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 228 | Page 33, line 30, leave out from "functions" to end of line 31 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 229 | Page 33, line 32, leave out subsection (6) |
| 230 | Page 33, line 32, leave out subsection (6) and insert— |
| "( ) | A chief officer of police who establishes and maintains a community safety accreditation scheme shall ensure that the employers of the persons on whom powers are conferred have established and maintain satisfactory procedures for the handling of complaints, which, at the election of the complainant, may be referred to the Commission in the event the complainant is not satisfied with the outcome of such a complaint." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 231 | Page 33, line 34, leave out from "persons" to "under" and insert "accredited" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 232 | Page 33, line 37, at end insert— |
| "( ) | If, and to the extent that, the chief officer of police fails to discharge the duty imposed in subsection (6) the chief officer of police shall be liable to an action for damages for breach of statutory duty by any person who sustains any loss or damage as a consequence of the failure of the chief officer of police to discharge such duty." |
| 233 | Page 33, line 37, at end insert— |
| "(6A) | It shall be the duty of a chief officer of police to establish and maintain for public inspection a register of the employers and employees against whom complaints are made pursuant to the provisions of subsection (6)." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 234 | Page 33, line 46, leave out subsection (3) |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 235 | Page 34, line 3, leave out paragraph (a) |
| 236 | Page 34, line 6, leave out paragraph (b) |
| 237 | Page 34, line 6, leave out "himself" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 238 | Page 34, line 6, leave out from second "person" to "accreditation" in line 7 and insert "for" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 239 | Page 34, line 8, leave out paragraph (c) |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 240 | Page 34, line 9, leave out from beginning to "and" and insert "which he is accredited" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 241 | Page 34, line 10, leave out paragraph (d) |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 242 | Page 34, line 10, leave out "for the exercise of those powers" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 243 | Page 34, line 12, leave out from beginning to "for" and insert "The Secretary of State may by order provide for appropriate fees to be charged by a chief officer of police" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 244 | Page 34, line 12, leave out "chief officer of police" and insert "police authority" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 245 | Page 34, line 12, leave out "such fee as he considers appropriate" and insert "a reasonable fee" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW
THE LORD HARRIS OF HARINGEY |
| 246 | Page 34, line 12, leave out "he" and insert "the authority" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 247 | Page 34, line 16, at end insert "; and |
| (c) | the cost of training of accredited persons as special constables" |
| 248 | Page 34, line 23, leave out paragraph (b) |
| 249 | Page 34, line 28, at end insert— |
| "( ) | In considering whether or not to renew such an accreditation, the chief officer shall inspect and consider the register of complaints maintained pursuant to section 34(6A) above and shall have regard to any representations made to him." |
| 250 | Page 34, line 33, at end insert— |
| "( ) | Notwithstanding that a person ceases to be an employee within an accredited scheme under this section, his status as a special constable shall not be affected." |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 251 | Page 122, line 21, leave out paragraph 2 |
| | THE BARONESS GARDNER OF PARKES |
| 252 | Page 122, line 25, at end insert "or other proof of identity" |
| 253 | Page 122, line 30, after "address" insert "or other proof of identity" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 254 | Page 123, line 8, leave out paragraph 3 |
| | 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 Schedule 5 be the fifth Schedule to the Bill. |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 255 | Page 34, line 37, leave out "to that person, if requested to do so" and insert "to such person as may be present and affected by the performance of that power or duty" |
| 256 | Page 34, line 39, leave out from "designation" to "35", in line 40 and insert "by a chief officer of police under section 33 or his accreditation under section" |
| 257 | Page 35, line 5, at end insert— |
| "( ) | A Director General may at any time, by notice to a person he has designated as an investigating officer under section 33, modify or withdraw that designation." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 258 | Page 35, line 5, at end insert— |
| "( ) | The decision by the chief officer to modify or withdraw the designation or accreditation shall not be subject to appeal or judicial review or found any claim for damages at law or otherwise." |
| 259 | Page 35, line 11, leave out subsection (5) |
| 260 | Page 35, line 18, leave out "or, as the case may be, by that employer" |
| 261 | Page 35, line 19, leave out "or employer" |
| 262 | Page 35, line 20, at end insert— |
| "( ) | For the purposes of determining liability for the unlawful conduct of an employee of a Service Authority, conduct by such a member in reliance or purported reliance on a designation under section 33 shall be taken to be conduct in the course of his employment; and, in the case of a tort, the Service Authority shall fall to be treated as a joint tortfeasor accordingly." |
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