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back to previous amendments
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 316 | Page 59, line 11, leave out "secure that the plan is and remains consistent with" and insert "have regard in preparing that plan to" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 317 | Page 59, line 15, leave out from "In" to end of line and insert "considering the draft plan, the police authority" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 318 | Page 59, line 22, leave out from first "to" to "the" in line 23 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 319 | Page 59, line 23, leave out ", and as to the form to be taken by any such plan" |
| 320 | Page 59, line 29, at end insert— |
| "( ) | Any guidance, or any modified or revised guidance issued by the Secretary of State under subsection (6) above shall be issued no later than 30th June in the year preceding the beginning of the relevant three year period to which it applies." |
| 321 | Page 59, line 31, leave out "such persons as he thinks fit" and insert— |
| "(a) | persons whom he considers to represent the interest 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." |
| 322 | Page 59, leave out lines 32 to 34 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 323 | Page 59, line 44, leave out from beginning to end of line 15 on page 60 |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 324 | Page 59, line 45, at end insert "in preparing" |
| 325 | Page 60, line 3, leave out "may not be consistent with" and insert "the police authority in question failed to have regard to" |
| 326 | Page 60, line 6, leave out "is in fact so inconsistent" and insert "did in fact fail to have regard to the relevant National Policing Plans" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 327 | Page 60, leave out lines 22 to 26 |
| 328 | Page 60, leave out lines 27 to 34 |
| 329 | Page 60, leave out lines 35 to 37 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 330 | Page 61, line 24, at end insert "; and |
| (e) | every police authority any part of whose police area lies within the area" |
| 331 | Page 61, line 45, at end insert— |
| "( ) | paragraph (a) shall cease to have effect" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 332 | Page 63, leave out lines 30 to 41 |
| 333 | Insert the following new Clause— |
| | "Provision of special services |
| | In section 25 of the 1996 Act (provision of special services), after subsection (1) there shall be inserted— |
| "(1A) | Such services may include provision of an escort service for the movement of abnormal loads in any locality in the police area for which the force is maintained, subject to subsections (1A) and (1B) below if— |
| (a) | the load cannot be moved under a general order made under section 44 of the Road Traffic Act 1988 (c. 52) by reason of its gross weight or overall dimensions, or |
| (b) | it is necessary to move the load at a time when suitable police resources would not normally be available and, in the opinion of the chief officer or the operator, it is essential that the load is escorted by the police because— |
| (i) | the load is particularly awkward, or |
| (ii) | the agreed route is particularly hazardous in view of the nature of the load. |
| (1B) | Provision of services in accordance with subsection (2) is subject to the payment to the police authority of such charges as may be determined by the authority, provided that— |
| (a) | on request of an operator, a fixed charge for the escort of the load is quoted in advance and the same quotation is offered to any other operator who appears to be planning the movement of the same or a similar load, and |
| (b) | when a fixed charge for the escort of the load is quoted in advance, the charge is reasonable but may have an allowance for contingencies. |
| | "operator" means the person operating the vehicle carrying or drawing the abnormal load, |
| | "abnormal load" means a load, including the carrying vehicle, whose weights or dimensions— |
| (a) | exceed those within regulations made under section 41 of the Road Traffic Act 1988, or |
| (b) | are such that regulations made under section 41 of the Road Traffic Act 1988 require movement of the load to be notified to the chief officer of police."" |
| 334 | Insert the following new Clause— |
| | "Escort for abnormal loads |
| | "The Secretary of State may by regulations make provision requiring all police forces in England and Wales to provide a police escort for abnormal loads moved under the provisions of section 44 of the Road Traffic Act 1988 (c. 52) (authorisation of use on roads of special vehicles not complying with section 41 regulations) only if— |
| (a) | the driver of the load is likely to have to contravene traffic regulations; |
| (b) | the load cannot be moved under a general order made under section 44 of the Road Traffic Act 1988 by reason of its gross weight or overall dimensions; |
| (c) | in the opinion of the chief constable or the operator, the load is particularly awkward; or |
| (d) | in the opinion of the chief constable or the operator, the agreed route is particularly hazardous in view of the nature of the load"" |
| 335 | Insert the following new Clause— |
| | "Removal of vehicles by Police Contracted Recovery Schemes |
| | In section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of vehicles etc.), after subsection (2)(c) there shall be inserted— |
| "(d) | may, subject to paragraphs (e) and (f) provide for Police Contracted Recovery Schemes; |
| (e) | any regulations for a scheme under subsection (2)(d) shall provide that— |
| (i) | all appointed recovery operators are accredited to an International Standards Organisation standard; |
| (ii) | a person whose vehicle falls within subsection (1) is, subject to sub-paragraph (iii) or (iv), given the opportunity to arrange removal himself; |
| (iii) | sub-paragraph (ii) shall not apply if a constable believes safety of other road users would be compromised and the customer is unlikely to be able to arrange for the vehicle's removal before the appointed recovery operator; |
| (iv) | sub-paragraph (ii) shall not apply if the road on which the vehicle is permitted to rest is a special road and the customer is unlikely to be able to arrange for the vehicle's removal within a time specified in the regulations or one hour, whichever is the greater; |
| (v) | if a person whose vehicle falls within subsection (1) arranges removal of the vehicle himself and his choice of recovery operator arrives before the appointed recovery operator, he shall be under no obligation to the appointed recovery operator or the authority; |
| (vi) | neither the authority, the chief police officer or the police authority may benefit from a preferential scale of charges or free services from an appointed recovery operator; |
| (vii) | when a vehicle has been abandoned by the owner or registered keeper the authority shall pay the appointed recovery operator the charges prescribed under section 102 of this Act; |
| (viii) | an appointed recovery operator shall not be required to give any financial or other consideration for being appointed; |
| (ix) | the police authority may make a financial charge, as prescribed, against the person whose vehicle falls within subsection (1), for despatching the appointed recovery operator, and such a charge may be collected by the appointed recovery operator; |
| (x) | any scheme must allow for competition, new operators joining the scheme, and aim to have operators no further than a prescribed distance from each other; |
| (xi) | no person shall be appointed under a police contracted recovery scheme if he is not of good repute as defined in sub-paragraph (xii); |
| (xii) | a person is of good repute if he meets similar requirements to paragraphs 1 to 6 of Schedule 3 to the Goods Vehicle (Licensing of Operators) Act 1995 (c. 23); |
| (xiii) | appointed recovery operators shall not charge more than the amount prescribed under section 102 for removing a vehicle weighing no more than 3500 kilograms unless approved by the chief officer of police on each occasion; |
| (xiv) | appointed recovery operators shall not charge more than the amount prescribed under section 102 for removing a vehicle weighing more than 3500 kilograms unless there are unusual difficulties requiring extra facilities, but rates shall not exceed those published under sub-paragraph (xv); and |
| (xv) | appointed recovery operators shall publish their scale of charges in such form as may be prescribed in one or more local papers; |
| (f) | before making any regulations under subsection (2)(d) the Secretary of State shall consult such organisations as he considers necessary and in particular the authorities empowered by regulations under section 99(1)."" |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 336 | Page 130, line 40, at end insert— |
| | "In section 6 of the 1996 Act (general functions of police authorities), after subsection (5) there shall be inserted— |
| | "(6) A police authority for any police area shall have power to call for information or reports from Her Majesty's Inspectors of Constabulary, the Audit Commission or any relevant council for that authority."" |
| 337 | Page 131, line 5, at end insert— |
| | "In section 15 of the 1996 Act (civilian employees), for subsection (3) there shall be substituted— |
| | "(3) Subsection (2) shall not apply to such persons employed by the authority for its own support as may be determined by that authority."" |
| 338 | Page 132, line 21, at end insert— |
| | "In Schedule 2 of the 1996 Act for paragraph 25(1), there shall be substituted— |
| | "(1) A police authority may make to its chairman and other members such payments by way of reimbursement of expenses as the authority may determine."" |
| 339 | Page 132, line 21, at end insert— |
| | "In Schedule 2A of the 1996 Act for paragraph 20(1), there shall be substituted— |
| | "(1) The Metropolitan Police Authority may make to its chairman and other members such payments by way of reimbursement of expenses as the authority may determine."" |
| | THE LORD BORRIE
THE LORD PHILLIPS OF SUDBURY |
| 340 | Page 134, line 34, at end insert— |
| |
"Public Interest Disclosure Act 1998 (c. 23) | Section 13." |
| 341 | Page 71, line 39, after "provision" insert "(other than one contained in Chapter 1 of Part 4)" |
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