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Police and Justice Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order tabled for 9th October 2006, as follows—

Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 8
Schedule 3
Clause 9
Schedule 4
Clauses 10 to 14
Schedule 5
Clauses 15 to 18
Schedule 6
Clauses 19 to 21
Schedule 7
Clauses 22 to 26
Schedule 8
Clauses 27 to 34
Schedule 9
Clauses 35 and 36
Schedule 10
Clause 37
Schedule 11
Clauses 38 to 44
Schedule 12
Clause 45
Schedule 13
Clauses 46 and 47
Schedule 14
Clauses 48 to 55
Schedules 15 and 16
Clauses 56 to 58

[Amendments marked * are new or have been altered]

Amendment
No.

 

Schedule 1

 

THE BARONESS SCOTLAND OF ASTHAL

1Page 51, line 29, leave out paragraphs (b) and (c) and insert—
"(b)  the Association of Police Authorities,
(c)  the Association of Chief Police Officers, and"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

2Page 51, line 31, leave out paragraph (c) and insert—
"(c)  the Association of Chief Police Officers of England, Wales and Northern Ireland, and"
 

THE BARONESS SCOTLAND OF ASTHAL

3Page 51, line 38, leave out paragraphs (b) and (c) and insert—
"(b)  the Association of Chief Police Officers, and
(c)  the Association of Police Authorities."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

4Page 52, line 25, at beginning insert "ten"
 

THE BARONESS SCOTLAND OF ASTHAL

5Page 52, line 28, leave out paragraphs (a) and (b) and insert—
"(a)  the Association of Police Authorities, and
(b)  the Association of Chief Police Officers."
6Page 52, line 37, leave out paragraphs (a) and (b) and insert—
"(a)  at least one member nominated by the Association of Police Authorities,
(b)  at least one member nominated by the Association of Chief Police Officers, and"
7Page 64, line 13, at end insert—
 ""the Association of Chief Police Officers" means the Association of Chief Police Officers of England, Wales and Northern Ireland."
8Page 65, line 29, leave out paragraphs (b) and (c) and insert—
"(b)  the Association of Police Authorities, and
(c)  the Association of Chief Police Officers."
 

Schedule 2

 

THE BARONESS SCOTLAND OF ASTHAL

9Page 76, line 30, leave out paragraphs 1 and 2
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

10Page 78, line 25, leave out paragraph 3
 

THE BARONESS SCOTLAND OF ASTHAL

11Page 78, line 25, leave out paragraphs 3 and 4 and insert—
"      In section 4 (membership of police authorities outside Greater London), in subsection (4), for "Schedules 2 and 3" there is substituted "Schedule 2".
      For Schedule 2 there is substituted—

"SCHEDULE 2 Section 4

 

POLICE AUTHORITIES ESTABLISHED UNDER SECTION 3

 

Membership of police authorities

 1   (1)   The Secretary of State shall by regulations make provision in relation to the membership of police authorities established under section 3.
(2)      Regulations under this paragraph shall provide for a police authority to consist of—
(a)  persons who are members of a relevant council, and
(b)  other persons, including at least one lay justice.
(3)      Those regulations shall—
(a)  specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and
(b)  secure that the majority of members of a police authority are persons falling within paragraph (a) of that sub-paragraph.
(4)      Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of a police authority to be persons of a specified description.
(5)      Those regulations may include provision as to—
(a)  how a member is to be appointed;
(b)  disqualification for membership;
(c)  the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(d)  re-appointment as a member;
(e)  the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;
(f)  the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority;
(g)  the payment of remuneration and allowances to a member and the reimbursement of expenses.
 

Appointment of councillor members

 2      Regulations under paragraph 1 shall provide that—
(a)  in the case of a police authority in relation to which there is only one relevant council, the members falling within paragraph 1(2)(a) are to be appointed by that council;
(b)  in any other case, those members are to be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.
 

Appointment of other members

 3   (1)   Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(b) are to be appointed—
(a)  by the existing members of the authority,
(b)  from among persons on a short-list prepared by a selection panel.
(2)      Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.
(3)      Those regulations may include provision as to—
(a)  the number of members of a selection panel;
(b)  how and by whom a member of a panel is to be appointed;
(c)  disqualification for membership;
(d)  the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
(e)  re-appointment as a member of a panel;
(f)  the conduct of proceedings of a panel, including any procedures that a panel is to follow;
(g)  the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;
(h)  the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;
(i)  the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.
 

Chairman and vice chairmen

 4   (1)   The Secretary of State shall by regulations provide that—
(a)  a police authority is to appoint a chairman from among its members at each annual meeting; and
(b)  at an annual meeting a police authority may appoint one or more vice-chairmen from among its members.
(2)      Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—
(a)  qualification and disqualification for appointment;
(b)  the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);
(c)  eligibility for re-appointment;
(d)  the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;
(e)  the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;
(f)  the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.
 

Standards committees

 5      The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3.
 

Consultation

 6      Before making regulations under this Schedule the Secretary of State shall consult—
(a)  the Association of Police Authorities,
(b)  persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,
(c)  in the case of regulations that are not to apply to all police authorities established under section 3—
(i)  any police authority to which the regulations are to apply, and
(ii)  any relevant council in relation to such an authority,
and
(d)  such other persons as he thinks fit.
 

Supplementary

 7   (1)   Regulations under this Schedule may make different provision for different police authorities.
(2)      Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.
(3)      A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 

Interpretation

 8   (1)   For the purposes of this Schedule a council is a "relevant council" in relation to a police authority in England if it is the council for—
(a)  a county, or
(b)  a district comprised in an area for which there is no county council,
  which constitutes, or is wholly within, the authority's police area.
(2)      For the purposes of this Schedule a council is a "relevant council" in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority's police area.
 9      In this Schedule "lay justice" has the meaning given by section 9 of the Courts Act 2003.""
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

12Page 78, line 32, at end insert—
"(   )  magistrates,"
 

THE LORD HARRIS OF HARINGEY

13*Page 78, line 41, at end insert—
    "(   )      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 is practicable, the proportion who are members of any given political 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 political party."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

14Page 79, line 12, at end insert ", and
(   )  the election of a chairman and one or more vice-chairmen from among the members of a police authority"
15Page 79, line 33, leave out from beginning to end of line 2 on page 80
16Page 79, line 33, leave out "Secretary of State may by regulations make provision for" and insert "Association of Police Authorities may publish guidance on"
17Page 80, leave out lines 31 to 33 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 SCOTLAND OF ASTHAL

18Page 80, line 35, leave out paragraph 5 and insert—
"      In section 5C (membership etc of Metropolitan Police Authority), in subsection (6), for "Schedules 2A and 3" there is substituted "Schedule 2A".
       For Schedule 2A there is substituted—

"SCHEDULE 2A Section 5C

 
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©Parliamentary copyright 2006
6 October 2006