Police and Justice Bill
SECOND
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—
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.
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| 64 | Page 9, line 3, leave out "one" and insert "two" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 65 | Page 9, line 33, leave out from "subsection" to end of line 35 and insert "(3)(b) so as to substitute for the figure in subsection (3)(b) such other sum as appears to him to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the figure was fixed" |
| | THE LORD LLOYD OF BERWICK
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 67 | Page 13, leave out lines 31 and 32 |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| 68 | Page 14, line 37, leave out from first "council" to "or" in line 38 |
| | THE LORD HARRIS OF HARINGEY |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| 70 | Page 102, line 39, leave out sub-paragraph (2) |
| | THE LORD HARRIS OF HARINGEY |
| | THE LORD HARRIS OF HARINGEY |
| | THE LORD BROOKE OF SUTTON MANDEVILLE |
| 73 | Insert the following new Clause— |
| | "Application to the City of London |
| (1) | The Common Council shall, in relation to the City of London, have the power which a committee established by a local authority under section 18(1) has in relation to its area. |
| (2) | The requirements of section 18(2) apply to the Common Council as they apply to a committee established by a local authority under section 18(1). |
| (3) | Section 18(3) applies to a member of the Common Council as it applies to a member of a local authority as though the reference to the crime and disorder committee were a reference to the Common Council. |
| (4) | Section 18(7) applies to reports or recommendations made by the Common Council where, if the Common Council were a local authority and had established a committee under section 18(1), they would be reports or recommendations to which section 18(6)(a) applied. |
| (5) | Section 18(8) applies to copies of reports or recommendations made by the Common Council as though reference to subsections (2) and (7) of section 18 were a reference to subsections (2) and (4) of this section and the reference to the crime and disorder committee were a reference to the Common Council. |
| (6) | For the purposes of section 19, the Common Council shall be treated as though it were a local authority, but— |
| (a) | guidance issued under subsection (1) of that section, and |
| (b) | regulations made under section (3) of that section, |
| | apply and shall have effect with any necessary modifications having regard to the provisions of this section. |
| (7) | In this section "local authority" has the same meaning as in section 18. |
| (8) | In this section "the Common Council" means the Common Council of the City of London in its capacity as a local authority." |
| | THE LORD HARRIS OF HARINGEY |
| | THE EARL OF LISTOWEL
THE BARONESS LINKLATER OF BUTTERSTONE |
| 75 | Insert the following new Clause— |
| | "Children subject to ASBO proceedings |
| | Sections 1(10D) and (10E) (anti-social behaviour orders) and 1C(9C) (orders in conviction in criminal proceedings) of the Crime and Disorder Act 1998 (c. 37) are repealed." |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| 76 | Page 17, line 27, leave out from beginning to end of line 39 on page 18 |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| 77 | Page 19, line 43, leave out from beginning to end of line 3 on page 21 |
| 78 | Page 21, line 5, leave out "or registered social landlord (a "relevant authority")" |
| 79 | Page 21, line 14, leave out "relevant" and insert "local" |
| 80 | Page 21, line 17, leave out "relevant" and insert "local" |
| 81 | Page 21, line 21, leave out "relevant" and insert "local" |
| 82 | Page 21, line 23, leave out "relevant" and insert "local" |
| 83 | Page 21, line 26, leave out "relevant" and insert "local" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 84 | Page 22, line 48, at end insert— |
| "28B | Treatment of organisations performing parenting contract and parenting order functions as public authorities |
| (1) | Any person with whom arrangements are made under or by virtue of section 28A for the performance of the functions under section 25A or 26A shall, in the discharge of those functions, be treated as a public authority for the purposes of the Human Rights Act 1998. |
| (2) | For the avoidance of doubt, it is hereby declared that nothing in this section affects the meaning of "public authority" in section 6 of the Human Rights Act 1998 or the determination of whether functions, other than those referred to in subsection (1), are functions of a public nature for the purposes of section 6."" |
| 85 | Page 22, line 48, at end insert— |
| "28C | Treatment of organisations performing anti-social behaviour functions as public authorities |
| | In Part 1 of the Crime and Disorder Act 1998, after section 1F there is inserted— |
| "1FA | Treatment of organisations performing anti-social behaviour functions as public authorities |
| (1) | Any person with whom arrangements are made under or by virtue of section 1F for the performance of the functions under sections 1A to 1E shall, in the discharge of those functions, be treated as a public authority for the purposes of the Human Rights Act 1998. |
| (2) | For the avoidance of doubt, it is hereby declared that nothing in this section affects the meaning of "public authority" in section 6 of the Human Rights Act 1998 or the determination of whether functions, other than those referred to in subsection (1), are functions of a public nature for the purposes of section 6."" |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
| | THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN |
| 87 | Page 25, leave out line 6 and insert "and Community Safety" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 88 | Page 25, line 24, leave out paragraphs (a) and (b) |
| 89 | Page 26, line 1, leave out paragraphs (h) to (j) |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 90 | Page 27, line 29, leave out subsections (7) to (9) |
| | THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 93 | Insert the following new Clause— |
| | "Provision supplemental to section 29 |
| (1) | Every place of detention inspected under section 29 shall be visited by the Chief Inspector for the purposes of the inspection. |
| (2) | Section 29 does not entitle the Chief Inspector to inspect— |
| (a) | the making of judicial decisions, or |
| (b) | the exercise of any judicial discretion, |
| | by an adjudicator or a reviewer under rules made under section 47 of the Prison Act 1952 (c. 52). |
| (3) | The responsible ministers may by order amend section 29 so as to make it apply or cease to apply— |
| (a) | to a specified category of place or institution in which persons are held in detention of any kind; |
| (b) | to a specified category of escort arrangements. |
| (4) | An order under subsection (3) may not— |
| (a) | prevent this section from applying to prisons, young offender institutions or removal centres; |
| (b) | provide for this section to apply to any category of place, institution or escort arrangements if it is within the legislative competence of the Scottish Parliament to make provision for inspection of that category of place, institution or arrangements. |
| (5) | In this section "prison" and "removal centre" have the same meaning as in section 29." |
| | THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 94 | Page 109, line 39, at end insert "and in particular he shall secure that persons nominated by the Association of Police Authorities will assist in conducting inspections of police authorities" |
| | THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN |
| 95 | Page 110, line 4, leave out "Community Safety and Custody" and insert "and Community Safety" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 96 | Page 111, line 5, at end insert— |
| "( ) | Before preparing an inspection programme the Chief Inspector shall carry out such consultation as he considers appropriate with persons appearing to him to be responsible for the functions, establishments or other matters to be dealt with by the inspections he proposes to include in the programme. |
| | The Chief Inspector shall send a copy of the inspection programme, once it is prepared, to each person consulted about it under this sub-paragraph." |
| 97 | Page 111, line 7, at end insert— |
| "( ) | Nothing in any inspection programme or inspection framework is to be read as preventing the Chief Inspector from making visits without notice." |
| 98 | Page 112, leave out lines 36 and 37 and insert— |
| "(2) | When carrying out an inspection to which sub-paragraph (2A) applies, the Chief Inspector shall act jointly with the Audit Commission to the extent that the Commission— |
| (a) | has power to carry out the inspection, and |
| (b) | considers it necessary or desirable to act jointly with the Chief Inspector in the interests of sharing expertise or avoiding duplication. |
| (2A) | This paragraph applies to—" |
| | THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 99 | Page 112, leave out lines 38 and 39 |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 100 | Page 112, leave out lines 43 and 44 and insert— |
| "(3) | When carrying out an inspection to which sub-paragraph (3A) applies, the Chief Inspector shall act jointly with the Auditor General for Wales to the extent that the Auditor General— |
| (a) | has power to carry out the inspection, and |
| (b) | considers it necessary or desirable to act jointly with the Chief Inspector in the interests of sharing expertise or avoiding duplication. |
| (3A) | This paragraph applies to—" |
| | THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| 101 | Page 112, leave out lines 45 and 46 |
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