House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Policing and Crime Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 28th October 2009, as follows—

Clauses 1 to 17
Schedule 1
Clauses 18 to 21
Schedule 2
Clauses 22 to 27
Schedule 3
Clauses 28 to 33
Schedule 4
Clauses 34 to 46
Schedule 5
Clauses 47 to 79
Schedule 6
Clauses 80 to 111
Schedules 7 and 8
Clauses 112 to 116

[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 1

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS HARRIS OF RICHMOND

1Insert the following new Clause—
  "Transparency in policing
  As soon as possible, the Secretary of State will, under section 5 of the Freedom of Information Act 2000 (c. 36) (further power to designate public authorities), amend Schedule 1 of that Act to include the Association of Chief Police Officers."
 

Clause 2

 

BARONESS HENIG

2Page 2, line 9, leave out "and other members"
3Page 2, leave out lines 12 to 16 and insert—
"(3)  The representative members shall consist of an equal number of persons nominated respectively by—
(a)  the Secretary of State,
(b)  the Association of Police Authorities, and
(c)  the Association of Chief Police Officers"
4Page 2, line 30, leave out "appointed by the Secretary of State"
5Page 2, line 33, at end insert—
"(A1)  The panel shall provide the Secretary of State with sufficient information about candidates for senior police posts to enable him to exercise his functions under the Police Act 1996 to approve the appointments of senior police officers by the police authority.
(B1)  The panel shall provide police authorities with sufficient information about candidates for senior police posts to enable them to exercise their functions under the Police Act 1996 to appoint senior police officers.
(C1)  The panel will develop, in consultation with the Secretary of State, the Association of Police Authorities and the Association of Chief Police Officers, criteria for selection and prioritisation by which particular candidates will be considered for vacant senior police posts.
(D1)  In discharging its functions under subsection (C1), the panel shall consider both the strategic needs of policing nationally and the local requirements of particular police areas."
6Page 3, line 28, at end insert "and the Association of Police Authorities"
 

Clause 3

 

BARONESS HARRIS OF RICHMOND

 

BARONESS MILLER OF CHILTHORNE DOMER

7Page 4, line 11, at end insert—
"(6C)  Before making any regulations under this section, the Secretary of State shall consult the Association of Police Authorities and the Association of Chief Police Officers.
(6D)  Before making any regulations under this section, the Secretary of State shall seek advice from the chief inspector of constabulary.
(6E)  The Secretary of State shall not make any regulations under this section unless the advice of the chief inspector of constabulary states that he is satisfied as to the matters mentioned in subsection (6F).
(6F)  Those matters are that the arrangements which the Secretary of State proposes to make through regulation under this section are necessary to facilitate the efficient and effective appointment to or departure from senior officer posts."
 

Clause 5

 

BARONESS HARRIS OF RICHMOND

 

BARONESS MILLER OF CHILTHORNE DOMER

8Page 6, leave out lines 4 to 7
9Page 6, line 11, after "agreement" insert "under subsection 23A(1)(b)"
10Page 6, line 35, at end insert—
"(1)  A collaboration agreement may be entered into jointly by a police authority and the police force for its area with another party or parties, but any such joint agreement shall—
(a)  set out the matters relating to the discharge of functions by members of the police force under section 23 in a form which distinguishes them from the matters relating to the discharge of police authorities functions under section 23A;
(b)  contain the information required under section 23D.
(1A)  Any police force collaboration agreement which imposes any legal liability on the police authority must take the form of a joint agreement referred to in subsection (1)."
11Page 7, line 6, after "force" insert "or more than one police authority acting under joint arrangements set out in subsection (3)"
12Page 7, line 31, at end insert—
"(   )  Before issuing guidance under this section, the Secretary of State shall consult—
(a)  the Association of Police Authorities,
(b)  the Association of Chief Police Officers."
13Page 7, line 35, leave out from beginning to end of line 40 and insert—
"(1)  The Secretary of State may give directions to police authorities about collaboration agreements under sections 26 and 26A and related matters, if it is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.
(2)  A direction may be given to one or more police authorities.
(2A)  A person to whom a direction is given must comply with it and where a police authority is given a direction about a police force collaboration agreement under section 23 it may use its powers under section 6ZA(2)(b) of the Police Act 1996 to ensure that the police force for its area complies with that direction.
(2B)  Before giving a direction under this section, the Secretary of State shall seek advice from the chief inspector of constabulary.
(2C)  The Secretary of State shall not give a direction under this section unless the advice of the chief inspector of constabulary states that the inspector has considered any representations made under subsection (3) and is satisfied as to the matters mentioned in subsection (2D).
(2D)  Those matters are that the direction which the Secretary of State proposes to make under this section is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.
(3)  The Secretary of State shall not give a direction under this section unless—
(a)  in the case of collaboration agreements under sections 23 and 23A, the police authority or police authorities concerned have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations about the proposal;
(b)  in the case of collaboration agreements under section 23, the chief officer of police for the force or forces concerned have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations about the proposal."
14Page 8, leave out lines 11 and 12 and insert—
"(6)  Before giving a direction under this section, the Secretary of State must consult with—
(a)  the Association of Police Authorities,
(b)  the Association of Chief Police Officers."
15Page 8, line 34, at end insert—
"(   )  In the Local Government Act 1972 (c. 70) for section 107(2) substitute—
"(2)  A police authority may arrange to delegate functions to another police authority, but may not arrange for the discharge of all its functions by another police authority.
(2A)  The Secretary of State may make regulations about certain functions which cannot be delegated from one police authority to another police authority under this section.
(2B)  Before making any regulations under this section the Secretary of State shall consult the Association of Police Authorities."
 

Clause 11

 

BARONESS NEVILLE-JONES

 

VISCOUNT BRIDGEMAN

16Page 16, line 39, leave out subsection (2)
 

Clause 12

 

BARONESS NEVILLE-JONES

 

VISCOUNT BRIDGEMAN

17Page 17, line 10, leave out subsection (2)
 

After Clause 12

 

BARONESS HENIG

18Insert the following new Clause—
  "Police authorities: co-operation with local authorities
  Any relevant council (as defined by section 20 (questions on police matters at council meetings)), and Schedules 2 (police authorities established under section 3) and 2A (metropolitan police authority) of the Police Act 1996 (c. 16), shall have a duty to co-operate with the police authority in relation to delivery of the Secretary of State's strategic priorities for police authorities set out in section 37A of the Police Act 1996 (setting of strategic priorities for police authorities)."
19Insert the following new Clause—
  "Police authorities: nominations to crime and disorder committees
"(1)  The Police and Justice Act 2006 (c. 48) is amended as follows.
(2)  In section 19(1) (local authority scrutiny of crime and disorder matters), after the words "Every local authority shall ensure that it has a committee (the "crime and disorder committee")" insert the words "which shall include at least one member nominated by the police authority responsible for maintaining the police force in the area of the local authority, who shall have the same entitlement to vote as any other member of that committee and every crime and disorder committee shall be conferred."
(3)  In Schedule 8, paragraph 5, for "section 20(6)" substitute "sections 19(1) and 20(6)"."
 

Clause 14

 

BARONESS MILLER OF CHILTHORNE DOMER

20Page 17, leave out lines 33 and 34 and insert—
"(c)  A is aware, or ought to be aware, that C has engaged in exploitative conduct of that kind"
21Page 17, leave out lines 38 and 39
22Leave out Clause 14
 

Clause 15

 

BARONESS MILLER OF CHILTHORNE DOMER

23Page 18, leave out lines 18 and 19 and insert—
"(c)  A is aware, or ought to be aware, that C has engaged in exploitative conduct of that kind"
24Page 18, leave out lines 23 and 24
25Leave out Clause 15
 

Clause 16

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

26Page 18, line 36, after "person" insert "aged 18 or over"
 

BARONESS MILLER OF CHILTHORNE DOMER

27Leave out Clause 16
 

Clause 17

 

BARONESS MILLER OF CHILTHORNE DOMER

28Leave out Clause 17
 

Schedule 1

 

LORD WEST OF SPITHEAD

29Page 137, line 22, after "practicable" insert "and in any event before the end of the period of 72 hours beginning with the time of the arrest"
 

Clause 18

 

BARONESS MILLER OF CHILTHORNE DOMER

30Leave out Clause 18
 

Clause 19

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD PANNICK

31Leave out Clause 19
 

Clause 20

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD PANNICK

32Leave out Clause 20
 

Clause 21

 

BARONESS MILLER OF CHILTHORNE DOMER

33Leave out Clause 21
 

Schedule 2

 

LORD WEST OF SPITHEAD

34Page 142, line 43, leave out "two" and insert "three"
35Page 143, line 17, at end insert—
"(9A)      The third condition is that the court is satisfied that—
(a)  before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b), and
(b)  a constable complied with section 136C(3)(d) in relation to the persons so identified."
 

Before Clause 27

 

BARONESS GOULD OF POTTERNEWTON

 

BARONESS GALE

36Insert the following new Clause—
  "Control of sex establishments: local authorities
(1)  Section 2 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.
(2)  For subsections (1) to (4) substitute—
"(1)  Schedule 3 to this Act shall have effect with respect to the licensing of sex establishments and the requirements of that Schedule shall apply to all local authorities.""

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2009
3 November 2009