Police and Justice Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 13th June 2006, as follows—
Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 to 7
Schedule 3
Clause 8
Schedule 4
Clauses 9 to 13
Schedule 5
Clauses 14 to 17
Schedule 6
Clauses 18 to 20
Schedule 7
Clauses 21 to 25
Schedule 8 | Clauses 26 to 33
Schedule 9
Clauses 34 and 35
Schedule 10
Clause 36
Schedule 11
Clauses 37 to 43
Schedule 12
Clause 44
Schedule 13
Clauses 45 and 46
Schedule 14
Clauses 47 to 50
Schedules 15 and 16
Clauses 51 to 53 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 1 | Page 1, line 9, at end insert— |
| "( ) | the Police Standards Unit" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 2 | Page 1, line 9, at end insert— |
| "( ) | 15 per cent of the Agency's funding shall be provided by police authorities." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 3 | Page 45, line 11, leave out sub-paragraph (3) |
| 4 | Page 45, line 28, at end insert— |
| "( ) | the Police Federation and the Police Superintendents' Association," |
| 5 | Page 45, line 31, leave out paragraph (c) and insert— |
| "(c) | the Association of Chief Police Officers of England, Wales and Northern Ireland," |
| 6 | Page 46, line 31, at end insert— |
| "( ) | persons whom he considers to represent the interests of police officers of police forces in England and Wales" |
| 7 | Page 46, line 37, leave out "one member" and insert "two members" |
| 8 | Page 46, line 40, leave out "one member" and insert "two members" |
| 9 | Page 46, line 43, at end insert— |
| "( ) | The Secretary of State must exercise his power under sub-paragraph (1)(c) to ensure that at all times a majority of the members are non-executive." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 10 | Page 48, line 2, leave out paragraph 13 and insert— |
| | "13 (1) The chairman and members of the Agency shall appoint the chief executive. |
| (2) | Before doing so, they shall consult the Secretary of State. |
| (3) | The chief executive of the Agency shall be a member of its staff." |
| 11 | Page 54, line 37, at end insert— |
| | 15 per cent of the Agency's funding shall be provided by police authorities." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 12 | Page 64, line 22, leave out from beginning to "(offence" in line 24 and insert "In section 91(2)" |
| 13 | Page 64, line 29, leave out sub-paragraph (3) |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE VISCOUNT TENBY |
| 14 | Insert the following new Clause— |
| | "Revised power to alter police areas by order |
| | In section 32(3) of the Police Act 1996 (c. 16) (power to alter police areas by order)— |
| (b) | in paragraph (a) for "or" substitute "and"." |
| | THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 15 | Page 71, line 4, leave out paragraphs 1 and 2 |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 16 | Page 71, line 8, leave out "shall" and insert "may" |
| 17 | Page 71, leave out lines 15 and 16 and insert— |
| "(1) | Any basic command unit may—" |
| 18 | Page 71, line 26, at end insert— |
| "(2A) | Subject to sub-paragraph (2B), the appointment of a basic command unit commander shall be made by the chief constable of the relevant police area. |
| (2B) | Before making an appointment of a basic command unit commander the chief constable shall consult the police authority for the police area." |
| | THE LORD HARRIS OF HARINGEY
THE BARONESS ANELAY OF ST JOHNS |
| 19* | Page 71, line 26, at end insert— |
| "( ) | The appointment of an officer to command any basic command unit within a force area shall be determined jointly by the chief officer of the force and the police authority responsible for maintaining that force. |
| ( ) | Before making such appointment, the chief officer and the police authority shall consult the council for every local authority area lying within the area of the basic command unit." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 20 | Page 72, leave out lines 37 and 38 and insert "may not be made unless a draft of that order has been laid before both Houses of Parliament and approved by a resolution of each House" |
| | THE LORD HARRIS OF HARINGEY
THE BARONESS HARRIS OF RICHMOND |
| 21* | Page 72, line 38, at end insert— |
| | 4 Every police authority shall, in consultation with the chief officer, determine the objectives and plans and allocation of resources for each basic command unit in the force area." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 22 | Page 72, line 40, leave out paragraph 3 |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY
THE BARONESS HARRIS OF RICHMOND |
| 23* | Page 72, line 43, leave out from beginning to end of line 11 on page 73 and insert— |
| "(1) | A police authority established under section 3 shall consist of no less than 13 and no more than 23 members and the Secretary of State may by regulations make different provision as to the number of members of different authorities, but any such regulations shall provide that the number of members of any authority shall be a specified odd number. |
| (2) | A police authority shall consist of— |
| (a) | persons who are members of a relevant council; and |
| | and the number of members falling within paragraph (a) shall exceed the number of members falling within paragraph (b) by no greater than one. |
| (2A) | The relevant council or councils responsible for the appointment of persons falling within paragraph (a) of subsection (2) shall exercise their responsibilities so as to secure that, so far as practicable, the proportion who are members of any given party is the same as the proportion which are members of the relevant council or councils across the area of the police authority who are members of that party. |
| (2B) | In appointing persons falling within either paragraph (a) or (b) of subsection (2), the relevant council or councils or other persons responsible, as the case may be, shall exercise their responsibilities so as to ensure that, so far as practicable, the appointed persons— |
| (a) | represent the interests of a wide range of people within the communities in the police area; |
| (b) | reflect the diversity of the communities in the police area; and |
| (c) | have the skills and knowledge as may be specified in guidance issued by the body representing the interests of police authorities. |
| (3) | The Secretary of State may by regulations make other provision in relation to the membership of any police authority established under section 3." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE VISCOUNT TENBY
THE BARONESS HARRIS OF RICHMOND |
| 24 | Page 73, line 2, at end insert— |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 25 | Page 73, leave out lines 3 and 4 and insert "persons who are directly elected by members of the public" |
| 26 | Page 73, leave out lines 3 and 4 and insert— |
| "( ) | a person who is directly elected by members of the public, and |
| ( ) | other appointed persons who shall serve in advisory capacity" |
| 27 | Page 73, line 13, leave out "appointed" and insert "directly elected" |
| 28 | Page 73, leave out lines 25 and 26 |
| 29 | Page 73, line 26, at end insert— |
| "( ) | the election of a chairman and one or more vice-chairmen from among the members of a police authority" |
| 30 | Page 73, line 47, leave out from beginning to end of line 19 on page 74 |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY
THE BARONESS HARRIS OF RICHMOND |
| 31* | Page 73, line 47, leave out from beginning to end of line 19 on page 74 and insert— |
| "( ) | A police authority shall at each annual meeting elect a chairman from among its members and this shall be the first business transacted at the meeting. |
| ( ) | A police authority shall at each annual meeting elect one or more vice-chairman from amongst its members and this shall be the first business transacted at the meeting following the election of the chairman. |
| ( ) | Where a casual vacancy occurs in the office of chairman or vice-chairman between annual meetings, an election to fill the vacancy shall be held at the next meeting of the authority provided that this is held more than fourteen days after the occurrence of the vacancy. |
| ( ) | Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority. |
| ( ) | The acts and proceedings of any person elected to be chairman or vice-chairman of the authority and acting in that office, shall, not withstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified. |
| ( ) | The proceedings of a police authority shall not be invalidated by a vacancy in the office of chairman or vice-chairman or by any defect in the appointment of a person as chairman or vice-chairman. |
| ( ) | A police authority may make to its chairman, vice-chairman and other members such payments by way of allowances as the authority may determine." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 32 | Page 73, line 47, leave out "Secretary of State may by regulations make provision" and insert "Association of Police Authorities may publish guidance" |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY |
| 33* | Page 74, line 35, at end insert— |
| "( ) | persons whom he considers to represent the interests of police authorities," |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 34 | Page 75, leave out lines 1 to 3 and insert— |
| "( ) | No regulations shall be made under this section unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."" |
| | THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND |
| 35* | Page 75, leave out lines 8 to 26 and insert— |
| "(1) | The Metropolitan Police Authority shall consist of no less than 13 and no more than 23 members and the Secretary of State may by regulations make provision as to the number of members but any such regulations shall provide that the number of members shall be a specified odd number. |
| (2A) | The Metropolitan Police Authority shall consist of— |
| (a) | persons appointed from amongst the persons specified in subsection (2B), and |
| | and the number of members falling within paragraph (a) above shall exceed the number of members falling within paragraph (c) by no greater than one. |
| (2B) | The persons referred to in subsection (2A)(a) are— |
| (b) | members of the London Assembly, and |
| (c) | members of the councils of London Boroughs. |
| (2C) | Those responsible for appointing the members falling within subsection (2A)(a) shall exercise their responsibilities collectively so as to secure that, so far as practicable, the proportion who are members of any given party reflects a fair balance taking into account the proportion who are members of that party on both the London Assembly and the councils of London Boroughs. |
| (3) | In appointing persons in accordance with (2A) above those responsible for such appointments, shall exercise their responsibilities so as to ensure that, so far as practicable, the appointed persons— |
| (a) | represent the interests of a wide range of people within the communities in the police area; |
| (b) | reflect the diversity of the communities in the metropolitan police area; and |
| (c) | have the skills and knowledge as may be specified in guidance issued by the body representing the interests of police authorities. |
| (4) | The Secretary of State may by regulations make other provisions in relation to the membership of the Metropolitan Police Authority." |
| | THE LORD HARRIS OF HARINGEY |
| 36* | Page 75, leave out lines 8 to 26 and insert— |
| "(1) | The Metropolitan Police Authority shall consist of no less than 13 and no more than 23 members and the Secretary of State may by regulations make provision as to the number of members, but any such regulations shall provide that the number of members shall be a specified odd number. |
| (2A) | The Metropolitan Police Authority shall consist of— |
| (a) | persons appointed from amongst the persons specified in subsection (2B), and |
| | and the number of members falling within paragraph (a) above shall exceed the number of members falling within paragraph (b) by no greater than one. |
| (2B) | The persons referred to in subsection (2A)(a) are— |
| (a) | the Mayor of London, and |
| (b) | members of the London Assembly. |
| (2C) | The Mayor and the London Assembly shall exercise their responsibilities collectively so as to secure that, so far as practicable, the members appointed under subsection (2A)(a) reflect the balance of parties for the time being prevailing among the members of the London Assembly. |
| (3) | In appointing persons in accordance with (2A) above those responsible for such appointments shall exercise their responsibilities so as to ensure that, so far as practicable, the appointed persons— |
| (a) | represent the interests of a wide range of people within the communities in the police area; |
| (b) | reflect the diversity of the communities in the metropolitan police area; and |
| (c) | have the skills and knowledge as may be specified in guidance issued by the body representing the interests of police authorities. |
| (4) | The Secretary of State may by regulations make other provisions in relation to the membership of the Metropolitan Police Authority." |
| | THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND |
| 37* | Page 76, leave out lines 18 to 38 and insert— |
| "( ) | The Metropolitan Police Authority shall at each annual meeting elect a chairman from among its members and this shall be the first business transacted at the meeting. |
| ( ) | The Metropolitan Police Authority shall at each annual meeting elect one or more vice-chairman from amongst its members and this shall be the first business transacted at the meeting following the election of the chairman. |
| ( ) | Where a casual vacancy occurs in the office of chairman or vice-chairman between annual meetings, an election to fill the vacancy shall be held at the next meeting of the authority provided that this is held more than fourteen days after the occurrence of the vacancy. |
| ( ) | Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority. |
| ( ) | The acts and proceedings of any person elected to be chairman or vice-chairman of the authority and acting in that office, shall, not withstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified. |
| ( ) | The proceedings of the Metropolitan Police Authority shall not be invalidated by a vacancy in the office of chairman or vice-chairman or by any defect in the appointment of a person as chairman or vice-chairman. |
| ( ) | The Metropolitan Police Authority may make to its chairman, vice-chairman and other members such payments by way of allowances as the authority may determine." |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY |
| 38* | Page 76, line 45, at end insert— |
| "( ) | persons whom he considers to represent the interests of police authorities," |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 39 | Page 77, line 21, leave out paragraphs 9 and 10 |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY
THE BARONESS HARRIS OF RICHMOND |
| 40* | Page 77, line 27, at end insert— |
| "( ) | In discharging its functions under subsection (1) above, a police authority shall— |
| (a) | make arrangements to consult with and seek the views of people in the area on local policing matters; |
| (b) | set the strategic direction and priorities for policing in the area including any objectives and performance targets and determine the allocation of resources to those priorities; |
| (c) | issue strategic and annual plans setting out the strategies, objectives and targets and the proposed allocation of resources publish these in such a manner as appears appropriate; |
| (d) | monitor the performance of the police force maintained for its area in carrying out any strategic or annual plans and seek to secured continuous improvements in performance; |
| (e) | secure arrangements for that force to co-operate with other police forces or bodies whenever necessary or expedient; |
| (f) | monitor the performance of the force in complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 (c. 42), or any other enactment; |
| (g) | promote diversity within that force and within the authority; and |
| (h) | keep the people in the area informed of the matters under paragraph (a) to (g) by regularly publishing information in such a manner as appears appropriate." |
| 41* | Page 77, line 33, leave out "6ZB" and insert "6(1A)" |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY |
| 42* | Page 77, line 36, leave out "6ZB" and insert "6(1A)" |
| 43* | Page 77, leave out lines 41 and 42 and insert— |
| "(1) | Without prejudice to section 6(1A), the Secretary of State may by order confer additional functions on police authorities." |
| 44* | Page 77, line 43, leave out from beginning to end of line 11 on page 78 |
| 45* | Page 78, leave out lines 19 and 20 |
| 46* | Page 78, line 26, leave out from beginning to end of line 22 on page 79 |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 47 | Page 79, line 20, leave out from "section" to "House" in line 21 and insert "may not be made unless a draft of that order has been laid before, and approved by, a resolution of each" |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY |
| 48* | Page 79, line 30, leave out from "substituted" to end of line 36 and insert "to any strategic and annual plans issued by the authority under section 6(1A)" |
| | THE LORD HARRIS OF HARINGEY |
| 49* | Page 79, line 36, at end insert— |
| "(2) | After subsection (2) there is inserted— |
| "(3) | The Commissioner of Police of the Metropolis shall be under a duty to provide to the Metropolitan Police Authority any information that the Authority considers necessary to enable it to discharge its functions under section 6 or under section 3 of the Local Government Act 1999."" |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY |
| 50* | Page 79, line 38, leave out from "substituted" to end of line 44 and insert "to any strategic and annual plans issued by the authority under section 6(1A)" |
| | THE LORD HARRIS OF HARINGEY |
| 51* | Page 79, line 44, at end insert— |
| "(2) | After subsection (2) there is inserted— |
| "(3) | Every chief officer of police shall be under a duty to provide to the police authority responsible for maintaining the force any information that the authority considers necessary to enable it to discharge its functions under section 6 or under section 3 of the Local Government Act 1999."" |
| | THE BARONESS HENIG
THE LORD HARRIS OF HARINGEY
THE BARONESS HARRIS OF RICHMOND |
| 52* | Page 80, line 2, leave out "6ZB(1)" and insert 6(1A)" |
| | THE LORD HARRIS OF HARINGEY |
| 53* | Page 80, leave out lines 34 to 37 and insert— |
| "(1B) | The police authority responsible for maintaining a force that has more than one deputy chief officer shall, after consulting with the chief officer, designate the deputy chief officers in order of seniority for the purpose of subsection (1A)(b)." |
| 54* | Page 81, line 2, leave out from beginning to "designate" in line 3 and insert— |
| | "The police authority responsible for maintaining a force shall, after consulting with the chief officer of the force," |
| 55* | Page 81, line 22, at end insert— |
| "( ) | A police authority responsible for maintaining a force shall, after consultation with the chief officer for the force, determine the number of persons required to hold the rank of deputy chief constable and assistant chief constable for the force (or in the case of the Metropolitan Police Service, the rank of deputy commissioner, assistant commissioner, deputy assistant commissioner or commander), the functional duties to be undertaken by each such person, and the expertise required to fulfil those duties." |
| 56* | Page 81, line 22, at end insert— |
| "( ) | A chief officer for a force shall consult the police authority responsible for maintaining the force, in determining the allocation of deputy chief officer and assistant chief officer portfolios to individual officers." |
| | THE LORD HARRIS OF HARINGEY
THE BARONESS HARRIS OF RICHMOND |
| 57* | Page 81, line 22, at end insert— |
| "( ) | The appointment of an officer to command any basic command unit within a force area shall be determined jointly by the chief officer of the force and the police authority responsible for maintaining that force. |
| ( ) | Before making such appointment, the chief officer and the police authority shall consult the council for every local authority area lying within the area of the basic command unit." |
| | THE LORD HARRIS OF HARINGEY |
| 58* | Page 81, line 24, at end insert— |
| "( ) | After subsection (1) there is inserted— |
| "(1A) | Without prejudice to the generality of subsection (1) a police authority responsible for maintaining a force shall, after consulting with the chief officer, determine the number and nature of senior staff posts required for the force, and shall appoint or promote staff to these posts."" |
| | THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 59* | Page 81, line 34, at end insert— |
| | " For section 16 there is substituted— |
| | "Appointment of Chief Executive |
| (1) | A police authority established under section 3 of this Act shall appoint a person to be the chief executive of the authority. |
| (2) | The Metropolitan Police Authority shall appoint a person to be the chief executive of the Metropolitan Police Authority."" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 60 | Page 82, line 10, at end insert— |
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