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Baroness Wilkins: I am grateful to the noble Lord, Lord Dholakia, for his support for the amendment
and to the Minister for his thoughtful reply. I am sure that my noble friend Lord Ashley of Stoke will study it most carefully. I beg leave to withdraw the amendment.Amendment, by leave, withdrawn.
Lord Rooker moved Amendment No. 312:
- After Clause 65, insert the following new clause—
[Amendment No. 312A, as an amendment to Amendment No. 312, not moved.]
On Question, Amendment No. 312 agreed to.
Lord Rooker moved Amendment No. 313:
On Question, amendment agreed to.
Lord Rooker moved Amendment No. 314:
On Question, amendment agreed to.
"REGULATIONS FOR NCIS
(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) personal equipment and accoutrements; and
27
(ii)
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"."
After Clause 65, insert the following new clause—
"REGULATIONS FOR NCS
(1) After section 79 of the 1997 Act there shall be inserted—
"79A REGULATIONS FOR NCS
(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
(ii) 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."
(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"."
After Clause 65, 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"."
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