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Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 15 to 17.
Moved, That the House do agree with the Commons in their Amendments Nos. 15 to 17.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
(a) persons whom he considers to represent the interests of police authorities;
(b) persons whom he considers to represent the interests of chief officers of police;
(c) the Independent Police Complaints Commission; and
(d) such other persons as he thinks fit.
(12) A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
(13) A designation under this section shall cease to have effect—
(a) if the designated person ceases to be an employee of the contractor; or
(b) if the contract between the police authority and the contractor is terminated or expires."
17Clause 36, page 35, line 29, leave out from "scheme") to "police", in line 30, and insert".
(1A) A community safety accreditation scheme is a scheme for the exercise in the chief officer's"
18Page 35, line 37, after "force' insert "(other than the Commissioner of Police of the Metropolis)"
Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18. These amendments all relate to consultation in respect of various matters covered in Chapter 1 of Part 4 to the Bill. On Third Reading, your Lordships' House agreed a Liberal Democrat amendment that required a chief officer to consult the "principal local authority" before establishing a community safety accreditation scheme. We had no difficulty with the spirit of that amendment. It was always our intention that there should be such consultation. However, it has been necessary to tidy up the amendment, as it did not define the term, "principal local authority".
Amendment No. 19 clarifies the nature of the duty on chief officers. In England, they will be required to consult with every district council or London borough in the force area. In Wales, consultation will be with the county councils or borough councils in the force area.
This group of amendments also provides for consultation with the Mayor of London before the Metropolitan Police Commissioner establishes a community safety accreditation scheme, and before the Home Secretary issues a code of practice under Clause 40 of the Bill. These new consultation requirements recognise the Mayor's London-wide responsibilities for transport, economic development, and the environment, all of which impact on the provisions in this part of the Bill. For example, Transport for London will be funding the commissioner's plans for transport community support officers to work on policing bus routes in the capital.
Moved, That the House do agree with the Commons in their Amendment No. 18.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
19Clause 36, page 35, line 38, leave out "and the principal local authority for that area" and insert ",. and
(b) every local authority any part of whose area lies within the police area.
(3A) Before establishing a community safety accreditation scheme for the metropolitan police district, the Commissioner of Police of the Metropolis must consult with—
Moved, That the House do agree with the Commons in their Amendments Nos. 19 to 27.—(Lord Falconer of Thoroton.)
On Question, Motion agreed to.
(a) the Metropolitan Police Authority;
(b) the Mayor of London; and
(c) every local authority any part of whose area lies within the metropolitan police district.
(3B) In subsections (3)(b) and (3A)(c) "local authority" means—
(a) in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and
(b) in relation to Wales, a county council or a county borough council"
20Clause 38, page 37, line 23, leave out "or accreditation under section 35 or" and insert "under section 35 or (Police powers for contracted-out staff or his accreditation under section"
21Page 37, line 27, after "35" insert "or (Police powers for contracted-out staff"
22Page 37, line 37, after "35" insert "(Police powers for contracted-out staff"
23Page 37, line 40, at end insert—
"(4A) Where any person's designation under section (Police powers for contracted-out staff) is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted."
24 Page 37, line 46, leave out subsection (6) and insert—
"(6) For the purposes of determining liability for the unlawful conduct of employees of a police authority, conduct by such an employee in reliance or purported reliance on a designation under section 35 shall be taken to be conduct in the course of his employment by the police authority; and, in the case of a tort, that authority shall fall to be treated as a joint tortfeasor accordingly."
25Page 38, line 10, leave out "an employee" and insert employees"
26Page 38, line 11, leave out "member" and insert "employee"
27Page 38, line 14, at end insert—
"(8) For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section (Police powers for contracted-out staff), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.
(9) For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 37 shall be taken to be conduct in the course of his employment by that employer, and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly."
Lord Falconer of Thoroton : My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 19 to 27.
28After Clause 38, insert the following new clause—
"Railway safety accreditation scheme
(1) The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police Force to establish and maintain a scheme ("a railway safety accreditation scheme").
(2) A railway safety accreditation scheme is a scheme for the exercise in, on or in the vicinity of policed premises in England and Wales, by persons accredited by the chief constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their accreditation under that scheme.
(3) The regulations may make provision—
(a) as to the purposes for which a railway safety accreditation scheme may be established;
(b) as to the procedure to be followed in the establishment of such a scheme; and
(c) as to matters for which such a scheme must contain provision.
(4) The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.
(5) The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.
(6) Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.
(7) The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—
(a) an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);
(b) an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).
(8) In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.
(9) Before making regulations under this section the Secretary of State shall consult with—
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