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back to previous amendments
| 299 | Insert the following new Clause— |
| | "Jurisdiction of transport police: amendment to Anti-terrorism, Crime and Security Act 2001 |
| | After section 123 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) there is inserted— |
| | "Review of Act: exemption |
| | Sections 122 (review of Act) and 123 (effect of Report) shall not apply to section 100 (jurisdiction of transport police)."" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
[In substitution for amendment 300] |
| 300A | Page 27, line 21, at end insert— |
| "(c) | after subsection (5), there shall be inserted— |
| "( ) | Before any action is taken under this section the Secretary of State shall take into account any representations by the appropriate police authority or Her Majesty's Inspectorate of Constabulary."" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN
[In substitution for amendment 301] |
| 301A | Page 27, line 30, at end insert— |
| "(c) | after subsection (4), there shall be inserted— |
| "( ) | Before any action is taken under this section the Secretary of State shall take into account any representations by the appropriate police authority or Her Majesty's Inspectorate of Constabulary."" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 302 | Page 28, line 11, at end insert— |
| "( ) | The Metropolitan Police Authority will, in exercising its power, formally advise of the likely duration of the period of suspension prior to the retirement or resignation of the Commissioner of Police, and be required to notify the Secretary of State and Her Majesty's Inspectorate of Constabulary accordingly." |
| 303 | Page 28, line 34, at end insert— |
| "( ) | The police authority will, in exercising its power, formally advise of the likely duration of the period of suspension prior to the retirement or resignation of the chief constable, and be required to notify the Secretary of State and Her Majesty's Inspectorate of Constabulary accordingly."" |
| | THE LORD PEYTON OF YEOVIL |
| 303A | Page 28, line 35, leave out subsection (3) |
| | THE LORD PEYTON OF YEOVIL |
| 303B | Page 29, line 15, leave out "require" and insert "request" |
| 303C | Page 29, line 19, leave out "require" and insert "request" |
| 303D | Page 29, leave out lines 35 to 40 |
| | THE LORD DHOLAKIA
THE LORD BRADSHAW |
| 304 | Page 29, line 43, at end insert— |
| "(1C) | Before exercising his powers under subsections (1) or (1A) above, the Secretary of State shall consult the Metropolitan Police Authority, or as the case may be, the other police authority in question, and have regard to any representations made by the authority." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 305 | Page 30, line 6, at end insert— |
| "( ) | The Secretary of State, in exercising powers under this section, shall give due and proper regard to the views of the police authority, or Her Majesty's Inspectorate of Constabulary, or both ." |
| | THE LORD PEYTON OF YEOVIL |
| 305A | Page 30, leave out lines 25 to 28 |
| | THE LORD PEYTON OF YEOVIL |
| 305B | Page 31, leave out lines 5 and 6 |
| 306 | Insert the following new Clause— |
| | "Disciplinary regulations for special constables |
| | In section 51 of the 1996 Act (regulations for special constables), in subsection (2), after paragraph (b) there shall be inserted— |
| "(ba) | the conduct of special constables and the maintenance of discipline;"." |
| 307 | Insert the following new Clause— |
| | "Jurisdiction of MoD police: amendment to Anti-terrorism, Crime and Security Act 2001 |
| | After section 123 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) there is inserted— |
| | "Review of Act: exemption |
| | Sections 122 (review of Act) and 123 (effect of Report) shall not apply to section 98 (jurisdiction of MoD police)."" |
| 308 | Insert the following new Clause— |
| | "Assistance by MoD police: amendment to Anti-terrorism, Crime and Security Act 2001 |
| | After section 123 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) there is inserted— |
| | "Review of Act: exemption |
| | Sections 122 (review of Act) and 123 (effect of Report) shall not apply to section 99 (provision of assistance by MoD police)."" |
| 309 | Insert the following new Clause— |
| | "Provisions about MoD police and transport police: amendment to Anti- terrorism, Crime and Security Act 2001 |
| | After section 123 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) there is inserted— |
| | "Review of Act: exemption |
| | Sections 122 (review of Act) and 123 (effect of Report) shall not apply to section 101 and Schedule 7 (further provisions about transport police and MoD police)."" |
| 310 | Page 54, line 39, after "provision" insert "made by regulations made under section 34A or 79A of the 1997 Act (regulations for members of NCIS and NCS) or" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill. |
| | THE LORD BORRIE
THE LORD PHILLIPS OF SUDBURY |
| 311 | Insert the following new Clause— |
| | "Public interest disclosure |
| | In section 200(1) of the Employment Rights Act 1996 (c. 18) (police officers) the words "Part IVA" and "47B" shall be omitted." |
| | THE LORD ASHLEY OF STOKE
THE BARONESS WILKINS |
| 311A | Insert the following new Clause— |
| | "Disability Discrimination |
| (1) | Section 64 of the Disability Discrimination Act 1995 (c. 50) is amended as follows. |
| (2) | Subsections (5) to (8) are omitted. |
| (3) | After subsection (8), insert— |
| "(8A) | For the purposes of this Part, the holding of the office of constable shall be treated as employment— |
| (a) | by the chief officer of police as respects any act done by him in relation to a constable or that office; |
| (b) | by the police authority as respects any act done by them in relation to a constable or that office. |
| (8B) | There shall be paid out of the police fund— |
| (a) | any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and |
| (b) | any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority. |
| (8C) | Any proceedings under this Act which, by virtue of this subsection, would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in this section to the chief officer of police shall be construed accordingly. |
| (8D) | This section applies to a police cadet and appointment as a police cadet as it applies to a constable and the office of constable. |
| | "chief officer of police"— |
| (a) | in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act, |
| (b) | in relation to any other person or appointment, means the office who has the direction and control of the body of constables or cadets in question; |
| | "the Police Act" means, for England and Wales, the Police Act 1996 (c. 16), or, for Scotland, the Police (Scotland) Act 1967 (c. 77); |
| (a) | in relation to a person appointed or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act, |
| (b) | in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid; |
| | "police cadet" means any person appointed to undergo training with a view to becoming a constable; |
| | "police fund" in relation to a chief officer of police within paragraph (a) of the above definition of that term has the same meaning as in the Police Act, and in any other case means money provided by the police authority; |
| | "specified Act" means the Metropolitan Police Act 1829 (c. 44), the Metropolitan Police Act 1839 (c. 47) or the Police Act." |
| 312 | Insert the following new Clause— |
| (1) | After section 34 of the 1997 Act there shall be inserted— |
| | "34A Regulations for NCIS |
| (1) | Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of NCIS and conditions of service with NCIS. |
| (2) | Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to— |
| (a) | the ranks to be held by police members of NCIS; |
| (b) | the promotion of police members of NCIS; |
| (c) | voluntary retirement of police members of NCIS; |
| (d) | the efficiency and effectiveness of police members of NCIS; |
| (e) | the suspension of police members of NCIS from membership of NCIS and from their office as constable; |
| (f) | the maintenance of personal records of members of NCIS; |
| (g) | the duties which are or are not to be performed by police members of NCIS; |
| (h) | the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c. 16); |
| (i) | the hours of duty, leave, pay and allowances of police members of NCIS; and |
| (j) | the issue, use and return of— |
(i)
(ii) | personal equipment and accoutrements; and
police clothing. |
| (3) | Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively. |
| (4) | Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank. |
| (5) | Regulations under this section may make different provision for different cases and circumstances. |
| (6) | Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
| (7) | Before making any regulations under this section, the Secretary of State shall consult the Scottish Ministers." |
| (2) | In section 37 of the 1997 Act (discipline regulations for NCIS), after subsection (2) there shall be inserted— |
| "(2A) | Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision— |
| (a) | for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission; |
| (b) | for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations; |
| (c) | as to the representation of persons subject to disciplinary proceedings; and |
| (d) | for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33) (inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings. |
| (2B) | In subsection (2A) `disciplinary proceedings' means any proceedings under any regulations made under subsection (1) which— |
| (a) | are conducted in England and Wales; and |
| (b) | are identified as disciplinary proceedings by those regulations." |
| (3) | In section 38 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words "or required to resign", in both places where they occur, there shall be substituted ", required to resign or reduced in rank"." |
| | THE LORD DIXON-SMITH
VISCOUNT BRIDGEMAN
[As an amendment to amendment 312] |
| 312A* | Line 27, at end insert "; and |
| | in the event of regulations being made under paragraphs (a) to (j), the Secretary of State shall provide for the redundancy of the Director of NCIS" |
| 313 | Insert the following new Clause— |
| (1) | After section 79 of the 1997 Act there shall be inserted— |
| (1) | Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of the National Crime Squad and conditions of service with that Squad. |
| (2) | Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to— |
| (a) | the ranks to be held by police members of the National Crime Squad; |
| (b) | the promotion of police members of the Squad; |
| (c) | voluntary retirement of police members of the Squad; |
| (d) | the efficiency and effectiveness of police members of the Squad; |
| (e) | the suspension of police members of the Squad from membership of it and from their office as constables; |
| (f) | the maintenance of personal records of members of the Squad; |
| (g) | the duties which are or are not to be performed by police members of the Squad; |
| (h) | the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c. 16); |
| (i) | the hours of duty, leave, pay and allowances of police members of the Squad; and |
| (j) | the issue, use and return of— |
| (i) | personal equipment and accoutrements; and |
| (3) | Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively. |
| (4) | Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank. |
| (5) | Regulations under this section may make different provision for different cases and circumstances. |
| (6) | Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament." |
| (2) | In section 81 of the 1997 Act (discipline regulations for NCS), after subsection (2) there shall be inserted— |
| "(2A) | Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision— |
| (a) | for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission; |
| (b) | for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations; |
| (c) | as to the representation of persons subject to any disciplinary proceedings; and |
| (d) | for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33) (inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings. |
| (2B) | In subsection (2A) `disciplinary proceedings' means any proceedings under any regulations made under subsection (1) which are identified as disciplinary proceedings by those regulations." |
| (3) | In section 82 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words "or required to resign", in both places where they occur, there shall be substituted ", required to resign or reduced in rank"." |
| 314 | Insert the following new Clause— |
| | "Supplementary provisions about police membership of NCIS |
| (1) | The reference in section 59(8)(a) of the 1996 Act to persons falling within section 9(2)(a) of the 1997 Act shall include a reference to persons appointed as police members of the National Criminal Intelligence Service ("NCIS") after the date on which section 64 comes into force. |
| (2) | The persons whose interests are to be represented by the membership of the Police Negotiating Board shall include persons appointed as police members of NCIS after the date on which section 64 comes into force. |
| (3) | In section 62(1) of the 1996 Act (duty to consult Police Negotiating Board before making certain regulations), after paragraph (a) there shall be inserted— |
| "(aa) | section 34A of the Police Act 1997;". |
| (4) | The function of the Police Advisory Board for England and Wales of advising on general questions affecting members of NCIS within section 9(1)(b) of the 1997 Act shall include the function of advising on such general questions as respects persons appointed as police members of NCIS after the date on which section 64 comes into force. |
| (5) | In section 63(3) of the 1996 Act (duty to consult Police Advisory Board before making certain regulations), in paragraph (c), after "section" there shall be inserted "34A,". |
| (6) | In section 9A of the 1997 Act (retirement in interests of efficiency or effectiveness), for "member of NCIS" there shall be substituted "police member of NCIS with the rank of assistant chief constable"." |
| 315 | Insert the following new Clause— |
| | "Supplementary provisions about police membership of NCS |
| (1) | The reference in section 59(8)(b) of the 1996 Act to persons falling within section 55(2)(a) of the 1997 Act shall include a reference to persons appointed as police members of the National Crime Squad ("the Squad") after the date on which section 65 comes into force. |
| (2) | The persons whose interests are to be represented by the membership of the Police Negotiating Board shall include persons appointed as police members of the Squad after the date on which section 65 comes into force. |
| (3) | In section 62(1) of the 1996 Act (duty to consult Police Negotiating Board before making certain regulations), after paragraph (a) there shall be inserted— |
| "(ab) | section 79A of the Police Act 1997;". |
| (4) | The function of the Police Advisory Board for England and Wales of advising on general questions affecting members of the Squad within section 55(1)(b) of the 1997 Act shall include the function of advising on such general questions as respects persons appointed as police members of the Squad after the date on which section 65 comes into force. |
| (5) | In section 63(3) of the 1996 Act (duty to consult Police Advisory Board before making certain regulations), in paragraph (c), after "39," there shall be inserted "79A,". |
| (6) | In section 55A of the 1997 Act (retirement in interests of efficiency or effectiveness), for "member of the National Crime Squad" there shall be substituted "police member of the National Crime Squad with the rank of assistant chief constable"." |
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