Police Reform and Social Responsibility Bill

FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 9th May 2011, as follows—

Clauses 9 to 26
Schedule 5
Clauses 27 and 28
Schedule 6
Clauses 29 to 31
Schedule 7
Clauses 32 to 38
Schedule 8
Clauses 39 to 57
Schedule 9
Clauses 58 to 76
Schedule 10
Clauses 77 to 89
Schedule 11
Clause 90
Schedule 12
Clause 91
Schedule 13
Clauses 92 to 96
Schedule 14
Clauses 97 to 99
Schedule 15
Clause 100
Schedule 16
Clauses 101 to 152
Schedule 17
Clauses 153 to 159

[Amendments marked * are new or have been altered]

Clause 9

BARONESS HAMWEE

LORD SHIPLEY

81

Page 9, line 33, at end insert —

“( ) Before making a crime and disorder reduction grant, the elected local policing body shall consult the relevant police and crime panel and shall have regard to its views.”

Clause 10

BARONESS HAMWEE

LORD SHIPLEY

82

Page 10, line 2, after “co-operation” insert—

“(a)”

83

Page 10, line 2, at end insert “, and

(b) with voluntary and statutory organisations working within the police area to combat crime and disorder and assist the victims of crime.”

BARONESS HENIG

83ZZA*

Page 10, line 2, at end insert—

“( ) A local policing body is to appoint a member of the police and crime panel to sit on each crime reduction partnership or community safety partnership within its police area to ensure that the functions of the local policing body set out in subsection (1) are exercised effectively.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

83ZA

Page 10, line 6, after “effective” insert “independent and impartial”

LORD BEECHAM

83A

Page 10, line 16, leave out paragraphs (b) to (g)

After Clause 10

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

83B

Insert the following new Clause—

“Memorandum of understanding: cooperative working

(1) The responsible Minister must prepare a memorandum of understanding to outline the collaborative working relationship between the Police Commission and criminal justice bodies, detailing where the functions of the criminal justice bodies are independent of the Police Commission.

(2) A draft memorandum of understanding must be laid before Parliament at the same time as a draft commencement order for section 10 of the Act.

(3) In preparing the draft memorandum of understanding, the Secretary of State must consult interested members of the public, in particular—

(a) the chief constable or, in the case of London, the Commissioner of the Police of the Metropolis;

(b) police bodies listed in section (Applicability of memorandum of understanding: operational independence) and organisations representing members of those bodies;

(c) local authorities;

(d) the Law Commission;

(e) organisations with an interest in criminal justice and constitutional affairs; and

(f) human rights organisations.

(4) The Minister must publish a summary of all representations received on the draft memorandum of understanding and include this summary with the draft memorandum of understanding when laying it before Parliament.

(5) The Minister may, after laying a draft memorandum of understanding under subsection (1), finalise the memorandum of understanding if it is approved in accordance with section 155(2).

(6) The Minister may not make a commencement order for this Part, except this section and section (Applicability of memorandum of understanding: operational independence), if the memorandum of understanding has not been finalised under subsection (5).”

BARONESS HENIG

83C*

Insert the following new Clause—

“Public meetings

(1) The Police Commission for every police area shall arrange to hold public meetings at which the business of the Commission may be conducted and decisions made.

(2) Each Police Commission shall determine the frequency with which public meetings are held, but must make arrangements—

(a) to hold an annual general meeting each year, at which new appointments to members of the commission are to be confirmed;

(b) to hold such emergency general meetings each year as are necessary to comply with this Act or other enactments;

(c) to hold as many meetings each year as are necessary for the proper conduct of the business of the Commission.

(3) The police and crime commissioner or the police and crime panel may arrange for meetings of the Police Commission to be held.

(4) Notwithstanding subsection (1), a Police Commission may exclude persons that are not members of the Police Commission from part of any meeting at which confidential matters are discussed.”

Clause 11

BARONESS HAMWEE

LORD SHIPLEY

84

Page 11, line 2, after “necessary” insert “or required by the relevant police and crime panel”

85

Page 11, line 6, at end insert—

“( ) For the purpose of subsection (3), “performance” includes the treatment of victims of crime.”

LORD BEECHAM

85A

Page 11, line 6, at end insert—

“( ) Such information should be provided in respect of—

(a) police forces,

(b) police divisions,

(c) basic command units, and

(d) neighbourhoods.

( ) Where information is provided in respect of neighbourhoods it shall be done in consultation with the relevant local authorities.”

Clause 12

BARONESS HENIG

85B*

Page 11, line 20, at end insert “, and

( ) the extent to which crime has increased or decreased in the financial year at both police force and divisional level.”

BARONESS HAMWEE

LORD SHIPLEY

86

Page 11, line 20, at end insert—

“( ) The annual report shall include information of such descriptions as the relevant police and crime panel, prior to the beginning of the financial year to which the annual report relates, has notified the elected local policing body that it wishes to be included in the annual report.”

LORD BEECHAM

86A

Page 11, line 22, at end insert “and the relevant local authorities”

86B

Page 11, line 23, after “body” insert “and the chief constable”

86C

Page 11, line 27, after “body” insert “and the chief constable”

Clause 13

LORD BEECHAM

86D

Page 11, line 39, after “body” insert “and the chief constable”

BARONESS HAMWEE

LORD SHIPLEY

87

Page 12, line 8, at end insert—

“( ) Subsection (2) does not apply if it is possible for the chief officer of police to disclose the information in such form as will avoid the risks listed.”

88

Page 12, line 10, at end insert “or which the panel requests”

Clause 14

BARONESS HAMWEE

LORD SHIPLEY

88A*

Page 12, line 15, after “victims” insert “and witnesses”

89

Page 12, line 15, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

89A*

Page 12, line 24, after “victims” insert “and witnesses”

90

Page 12, line 24, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

91

Page 12, line 30, at end insert—

“(c) the local authorities in the area (including parish and town councils),”

LORD BEECHAM

91A

Page 12, line 30, at end insert—

“(c) the relevant local authorities,”

BARONESS HAMWEE

LORD SHIPLEY

92

Page 12, line 39, at end insert—

“(c) the London boroughs,”

LORD BEECHAM

92A

Page 12, line 39, at end insert—

“(c) the relevant local authorities,”

BARONESS HENIG

92AA*

Page 12, leave out lines 43 to 45 and insert—

“(2) Arrangements under this section are to be made by the local policing body for the police area—

(a) after consulting the chief officer of police for that police area and after reviewing and approving his proposed arrangements for the force under section 34;

(b) after consulting relevant local authorities, crime and disorder reduction partnerships, community safety partnership, local criminal justice boards or any other relevant local bodies to ensure that consultation and engagement strategies are co-ordinated and unnecessary duplication is avoided.

LORD BEECHAM

92B

Page 13, line 11, at end insert “and the views of local authorities in the police area”

BARONESS HAMWEE

LORD SHIPLEY

93

Page 13, line 12, leave out subsection (6)

Clause 15

BARONESS HAMWEE

LORD SHIPLEY

94

Page 13, line 20, leave out subsection (3)

Clause 16

BARONESS HAMWEE

LORD SHIPLEY

95

Page 13, line 34, leave out “in spite of” and insert “subject to”

Clause 17

BARONESS HAMWEE

LORD SHIPLEY

96

Page 14, line 2, at end insert “and any other report or recommendations made by the panel”

Clause 18

BARONESS HAMWEE

LORD SHIPLEY

97

Page 14, line 12, leave out “any person” and insert “a member of the relevant police and crime panel”

98

Page 14, line 13, at end insert “but retains responsibility for such functions”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

98A

Page 14, line 13, at end insert “with the prior authorisation of the police and crime panel”

BARONESS HAMWEE

LORD SHIPLEY

99

Page 14, line 15, leave out paragraph (a)

100

Page 14, line 17, leave out subsection (3)

BARONESS HENIG

101A*

Page 14, line 18, leave out paragraph (a)

101B*

Page 14, line 23, leave out paragraph (f)

101C*

Page 14, line 32, leave out “(see section 38)” and insert “except as provided in sections (Powers of dismissal) and (Powers of dismissal: role of police and crime panel)

BARONESS HAMWEE

LORD SHIPLEY

101

Page 14, line 35, leave out subsection (5)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the question that Clause 18 stand part of the Bill.

Clause 19

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

102

Page 14, line 40, leave out subsection (1)

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

103

Page 14, line 41, leave out “person” and insert “member of the London Assembly”

BARONESS HAMWEE

LORD SHIPLEY

104

Page 14, line 43, at end insert—

“but shall retain responsibility for such functions”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

105

Page 15, line 1, leave out “person” and insert “member of staff of the Mayor’s Office for Policing and Crime”

BARONESS HAMWEE

LORD SHIPLEY

106

Page 15, line 3, at end insert “but shall retain responsibility for such functions”

107

Page 15, line 5, leave out paragraph (a)

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

108

Page 15, line 5, leave out paragraphs (a) and (b)

BARONESS HAMWEE

LORD SHIPLEY

109

Page 15, line 8, leave out “(7)(a), (e), (f), (g) or (h)” and insert “(7)”

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

110

Page 15, line 13, leave out subsection (4)

BARONESS HAMWEE

LORD SHIPLEY

111

Page 15, line 13, leave out subsections (4) to (6)

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

112

Page 15, line 13, leave out “any other person” and insert “another member of the London Assembly”

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

113

Page 15, line 22, leave out paragraph (c)

BARONESS HAMWEE

LORD SHIPLEY

114

Page 15, line 44, leave out subsection (8)

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

115

Page 16, line 1, leave out subsections (9) to (13)

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

116

Page 16, line 3, leave out subsections (10) and (11)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the question that Clause 19 stand part of the Bill.

Clause 20

LORD HARRIS OF HARINGEY

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause 20 stand part of the Bill.

After Clause 26

BARONESS HENIG

116ZA*

Insert the following new Clause—

“Police budgets

(1) Every police and crime commissioner must provide a draft budget for the next financial year to the police and crime panel before the date on which the proposed precept is referred to the police and crime panel for their approval in accordance with Schedule 5.

(2) The police and crime panel may request reasonable additional information from the police and crime commissioner about the proposed budget for the next financial year of a nature or in a form to be determined by the panel.

(3) The draft budget must demonstrate how funding is to be allocated to police and crime objectives within the police and crime plan.

(4) The draft budget must demonstrate how the police and crime commissioner proposes to ensure the budget is efficient and effective.

(5) The police and crime panel may approve the budget or make recommendations about changes to the budget; and if the panel recommends changes to the budget, the police and crime commissioner must have regard to those recommendations.”

Schedule 5

LORD BEECHAM

116A

Page 115, line 23, at end insert—

“( ) A precept must be issued separately from a local authority’s—

(a) council tax demand, and

(b) non-domestic rates demand.”

BARONESS HAMWEE

LORD SHIPLEY

117

Page 115, line 28, after “panel” insert—

“(a) of the budget which the commissioner is proposing to apply for the financial year (the “proposed budget”), including each head of expenditure in such detail as shall enable the panel to assess the activities of the commissioner and of the relevant police force in the financial year (the “proposed heads of expenditure”); and

(b) ”

LORD BEECHAM

117A

Page 115, line 28, after “panel” insert “and the local authorities in the police area”

117B

Page 115, line 29, at end insert—

“( ) The Police Commission must have regard for representations made by the bodies notified under sub-paragraph 1.”

BARONESS HAMWEE

LORD SHIPLEY

118

Page 115, line 31, after “precept” insert “, proposed budget and proposed heads of expenditure”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

118A

Page 115, line 33, leave out sub-paragraph (2) and insert—

“(2) In reviewing the proposed precept under sub-paragraph (1), the panel must consult the relevant local authority or authorities.

(2A) The panel must make a report to the commissioner on the proposed precept and include within that report any representations made by the relevant local authority or authorities.”

BARONESS HAMWEE

LORD SHIPLEY

119

Page 115, line 33, at end insert “, proposed budget and proposed heads of expenditure”

120

Page 115, line 35, after “precept” insert “, proposed budget and proposed heads of expenditure”

121

Page 115, line 37, at end insert “proposed budget and proposed heads of expenditure,”

LORD BEECHAM

121A

Page 115, line 37, at end insert “amend or”

121B

Page 116, line 2, at end insert—

“( ) A decision to amend or veto a proposed precept must be agreed by a two-thirds majority.”

BARONESS HAMWEE

LORD SHIPLEY

122

Page 116, line 8, leave out “three-quarters” and insert “two-thirds”

BARONESS HENIG

122A

Page 116, line 8, leave out “three-quarters” and insert “half”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

122AA

Page 116, line 8, leave out from “least” to “in” in line 9 and insert “half of those present and voting”

Clause 28

BARONESS HENIG

122AB*

Page 20, line 25, leave out subsection (1) and insert—

“( ) Every police and crime panel shall have 15 members.

( ) Schedule 6 has effect in relation to the membership and composition of police and crime panels.

( ) A police and crime panel has—

(a) the functions conferred by this section; and

(b) the functions conferred by this Act and other enactments.

( ) The police and crime panel for an area must—

(a) co-operate with the police and crime commissioner for that area;

(b) appoint a police and crime commissioner by majority vote of all the members of the police and crime panel from amongst the members of the police and crime panel at an annual general meeting or emergency general meeting of the Police Commission;

(c) appoint co-opted members of the police and crime panel in accordance with Schedule 6;

(d) assist the police and crime commissioner in the discharge of all matters over which the panel has a power of veto;

(e) agree decisions by majority vote in relation to all such matters;

(f) review and scrutinise decisions made or other other actions taken by the relevant police and crime commissioner, and make recommendations or reports to that police and crime commissionser about the discharge of his functions.

( ) The police and crime panel for an area must in particular—

(a) monitor the delivery of police and crime plans and police performance at local and divisional level;

(b) engage with and consult the public at a neighbourhood and local level to ascertain their views about policing and crime;

(c) nominate one or more of its members to answer questions at meetings of the local authority or local authorities within its police area.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

122B

Page 20, line 27, at end insert—

“(1A) A police and crime panel has the functions conferred by this Act and other enactments.

(1B) A police and crime panel must hold the relevant police and crime commissioner to account for the exercise of—

(a) the functions of the police and crime commissioner;

(b) the functions of the police and crime commissioner’s staff;

(c) the conduct of the police and crime commissioner; and

(d) the conduct of the police and crime commissioner’s staff.

(1C) In discharging the functions under this Act, a police and crime panel may consult—

(a) a chief officer of police;

(b) persons residing in the police force area;

(c) HMIC; and

(d) any other person, as the panel sees fit.

(1D) In discharging the functions under this Act, a police and crime panel may consider any views expressed or complaints made by—

(a) a chief office of police;

(b) persons residing in the police force area;

(c) HMIC; and

(d) any other person, as the panel sees fit.

(1E) In discharging its functions under this Act, a police and crime panel may—

(a) investigate qualifying complaints and conduct matters in relation to the police and crime commissioner;

(b) institute misconduct proceedings against the police and crime commissioner if, following an investigation under subsection (a), it appears to the panel that misconduct proceedings are necessary; and

(c) suspend the relevant police and crime commissioner;

in accordance with regulations made under sections 30 and 31.”

BARONESS HAMWEE

LORD SHIPLEY

LORD BEECHAM

123

Page 20, line 33, at end insert—

“(2A) A police and crime panel must consider the draft police and crime plan or draft variation and may approve or reject it.

(2B) For the purpose of subsection (2A) a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

LORD BEECHAM

123A

Page 20, line 33, at end insert—

“( ) Meetings of police and crime panels must be held in public.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

123AA

Page 20, line 33, at end insert—

“( ) A report or recommendations made under subsection (2)(b) must include the panel’s police and crime objectives.”

BARONESS HENIG

123AB*

Page 21, line 6, leave out subsection (5) and insert—

“(5) A police and crime panel has the following functions in relation to complaints—

(a) to refer complaints against the police and crime commissioner to the IPCC in accordance with Schedule 7 or, where appropriate, deal with such complaints directly;

(b) to monitor the police and crime commissioner’s compliance with the code of conduct;

(c) to arrange for complaints against members of the police and crime panel to be dealt with in accordance with subsection (5A);

(d) to monitor the discharge of the police and crime commissioner’s functions to deal with complaints in relation to the police force for its area.

(5A) Every police and crime panel shall establish an independent subcommittee to discharge its functions under subsection (5) in accordance with Schedule (Conduct Committees) which has effect.”

LORD BEECHAM

123B

Page 21, line 21, at end insert—

“( ) A police and crime panel must appoint an audit committee from among its members and such a committee shall be able to appoint sub-committees.”

123C

Page 21, line 21, at end insert—

“( ) Each police and crime panel shall establish a procedure to allow members of the public and the panel to notify the panel of objections to decisions of the police and crime commissioner (a “call-in procedure”).

( ) Where a call-in procedure is used, no action may be taken to implement the decision in question until the conditions of the procedure have been satisfied.”

BARONESS HENIG

123D*

Page 21, line 22, leave out subsection (8)

Schedule 6

BARONESS HAMWEE

LORD SHIPLEY

124

Page 117, line 31, leave out paragraph 1

BARONESS HENIG

124A*

Page 117, line 31, leave out from beginning to end of line 39 on page 126 and insert–

“1 There is to be a police and crime panel for each police area listed in Schedule 1 to the Police Act 1996 which shall be maintained by the Police Commission for each relevant police area.

2 There are to be 15 members of each police and crime panel comprised of—

(a) nine members appointed by the relevant local authority or local authorities within the police area concerned;

(b) six independent members to be co-opted by the panel.

3 (1) The members of the police and crime panel referred to in paragraph 2(a) are to be appointed in the manner set out in this paragraph.

(2) In the case of a police and crime panel in relation to which there is only one relevant local authority, the members of the panel are to be appointed by that local authority.

(3) In the case of a police and crime panel in relation to which there is more than one local authority, but no local authority is a district council within the area of another local authority, the members of the panel are to be appointed by a joint committee consisting of persons appointed by the relevant local authorities from amongst their own members.

(4) In the case of a police and crime panel in relation to which there is more than one local authority, one or more of which is a district council within the area of another local authority—

(a) three of the members of the panel referred are to be appointed by the local authority that is a district council within the area of another local authority, or by joint committee consisting of persons appointed by the relevant local authorities that are district councils within the area of another local authority, where there is more than one such authority;

(b) six of the members of the panel referred are to be appointed in the manner set out in paragraph 3 or 4, as is appropriate, by the relevant local authority or a joint committee of local authorities that are not district councils within the area of another local authority.

4 The number of members of a joint committee, and the number of those members to be appointed by each relevant local authority, shall be such as the local authorities may agree; in the absence of agreement as may be determined by the Secretary of State.

5 A local authority or joint committee shall exercise its power to appoint members of the police and crime panel under paragraph 3 so as to ensure that, so far as practicable, in the case of members for whose appointment is it responsible, the proportion who are members of any given party—

(a) where it is a local authority that is responsible for their appointment, is the same as the proportion of the members of the local authority who are members of that party;

(b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant local authorities taken as a whole who are members of that party.

6 In exercising its power to appoint members of a police and crime panel under paragraph 2(a), a relevant local authority or joint committee shall ensure that, so far as is practicable, and taking into account the members referred to in paragraph 2(b), there is a representative geographical balance amongst police and crime panel members for that police area.

7 The members of the panel referred to in paragraph 2(b) may be appointed by the police and crime panel or by a subcommittee of the police and crime panel appropriately authorised for this purpose, but the police and crime panel must ensure that the persons appointed—

(a) have the relevant skills, knowledge and experience to discharge the role effectively;

(b) in particular, have the skills, knowledge and experience which are under-represented amongst the existing members of the police and crime panel;

(c) represent the interests of a wide range of people within the community in the relevant police area and, so far as is practicable, are representatives of diverse communities within that area;

(d) are able to commit sufficient time to take an effective role in the work of the police and crime panel;

(e) so far as is practicable, and taking into account the members referred to in paragraph 2(a), are representative of a geographical balance amongst police and crime panel members.

8 The police and crime panel must publish the names of its members at least annually in a matter to be determined by the police and crime panel.

9 Members of the police and crime panel are to hold and vacate office in accordance with the terms of their appointment.

10 A member may resign his office at any time by notice in writing to the police and crime panel.

11 A member of a relevant local authority appointed to be a member of the police and crime panel under paragraph 2(a) shall cease to be a member of the police and crime panel if he ceases to be a member of the local authority (and does not on the same day again become a member of the local authority).

12 A local authority or joint committee may remove from office a member of the police and crime panel appointed by it under paragraph 3.

13 A police and crime panel may remove a member from office by notice in writing if—

(a) he has been unavailable to conduct the business of the police and crime panel for a period longer than three consecutive months without the consent of the panel,

(b) he is disqualified or at any time becomes disqualified from holding office;

(c) he is in breach of the required standards of conduct;

(d) the police and crime panel is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.

14 A police and crime panel may make such payments to its members by way of reimbursement of expenses and allowances as the police and crime panel shall determine.”

BARONESS HAMWEE

LORD SHIPLEY

125

Page 117, line 34, leave out sub-paragraphs (2) to (4)

125A

Page 117, line 34, after “But” insert “in the event that paragraph 18 of this Schedule applies”

126

Page 118, line 22, leave out from “district)” to end of line 23

LORD BEECHAM

126A

Page 118, line 40, leave out “two members co-opted by the panel” and insert “co-opted members chosen by the panel constituting two-thirds of the total membership”

126B

Page 118, line 40, at end insert—

“( ) In co-opting members, the panel shall take into account equality and diversity considerations.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

126BA

Page 119, line 10, at end insert—

“( ) An elected Mayor may not be appointed or otherwise sit as a member of the panel.”

LORD BEECHAM

126C

Page 119, line 25, at end insert—

“( ) In appointing local authority members to a police and crime panel political proportionality shall be reflected on a similar basis to that operated by the Local Government Association in making member appointments.”

BARONESS HAMWEE

LORD SHIPLEY

127

Page 122, line 5, leave out sub-paragraphs (a) and (b) and insert “that each relevant local authority has at least one of its councillors as a member of the panel”

BARONESS HAMWEE

LORD SHIPLEY

LORD HUNT OF KINGS HEATH

LORD ROSSER

127A

Page 123, line 5, leave out paragraph (a)

BARONESS HAMWEE

LORD SHIPLEY

128

Page 123, line 5, leave out from “Wales” to end of line 7

128A

Page 123, line 6, leave out “in England”

129

Page 123, line 24, leave out “two” and insert “four”

130

Page 123, line 26, leave out first “ten” and insert “fifteen”

131

Page 123, line 28, leave out “eleven” and insert “sixteen”

132

Page 123, line 29, at end insert—

“( ) if the police area covers a unitary district and other district councils, the number equal to X calculated by the following formula—

X = A + (A × B)

where A equals the number of other district councils and B equals the number of unitary districts”

132A

Page 123, line 39, leave out “Secretary of State” and insert “National Assembly for Wales”

132B

Page 125, line 6, at beginning insert “ask the National Assembly for Wales to”

132C

Page 125, line 11, leave out “Secretary of State” and insert “National Assembly for Wales”

133

Page 125, line 17, leave out paragraph 17

134

Page 125, line 22, leave out paragraph 18

135

Page 126, line 2, transpose paragraphs 19 and 20 to after paragraph 31

BARONESS HENIG

135A*

Page 127, line 4, leave out paragraph 21

135B*

Page 127, line 8, leave out “police and crime commissioner” and insert “Police Commission”

BARONESS HAMWEE

LORD SHIPLEY

136

Page 127, line 10, at end insert—

“( ) the directly elected mayor of a local authority which is covered by that police area”

137

Page 127, line 11, leave out paragraph (c)

BARONESS HENIG

137A*

Page 127, line 11, leave out “which is covered by that police area”

137B*

Page 127, line 19, leave out sub-paragraph (2)

BARONESS HAMWEE

LORD SHIPLEY

138

Page 127, line 28, at end insert—

“( ) Panel arrangements may not include provisions for the approval of any member other than by that member’s nominating authority.”

BARONESS HENIG

138A*

Page 127, line 38, leave out sub-paragraph (2)

138B*

Page 127, line 40, leave out “may” and insert “must”

138C*

Page 128, line 2, at end insert—

“( ) the making of decisions about matters over which the panel has the power of veto or the power to approve appointments, suspensions or dismissals to be by majority vote of all the members present, and

( ) quoracy.”

138D*

Page 128, line 3, leave out sub-paragraph (4)

138E*

Page 128, line 16, leave out paragraph (d)

138F*

Page 128, line 35, leave out from beginning to end of line 19 on page 131 and insert—

“ In this Schedule “local authority” means—

(a) In relation to England, a county council or a district council;

(b) In relation to Wales, a county council or a county borough council.”

BARONESS HAMWEE

LORD SHIPLEY

139

Page 129, line 18, leave out paragraph 32

After Schedule 6

BARONESS HENIG

139A*

Insert the following new Schedule—

“SCHEDULE Conduct Committees

1 Each police and crime panel must establish a committee to deal with complaints and conduct matters in relation to the local policing body (to be known at “the Conduct Committee”).

2 A police and crime panel may make arrangements with one or more other police and crime panels to establish a joint committee to deal with complaints and conduct matters in relation to the relevant local policing bodies.

3 A police and crime panel, or the relevant police and crime panels if joint arrangements have been established, must appoint—

(a) an independent person who is not a member of a police and crime panel or a local authority to chair the Conduct Committee;

(b) at least three other independent people who are not members of a police and crime panel or a local authority to be members of the Conduct Committee;

(c) up to three members of the relevant police and crime panel, or the relevant police and crime panels if joint arrangements have been established, to be members of the Conduct Committee, at least one of whom must be a co-opted member.

4 In appointing members to the Conduct Committee the police and crime panel must—

(a) ensure that people with sufficient relevant skills and experience are appointed to undertake the role effectively;

(b) not appoint anyone for a term of more than four years;

(c) not appoint anyone for more than three terms.

5 The Conduct Committee must—

(a) investigate complaints and conduct matters referred to it by the police and crime panel, the police and crime commissioner, the IPCC or HMIC;

(b) refer the investigation to another appropriate body if it appears to the Committee at any time that the matter is a serious complaint or conduct matter as defined in Schedule 7;

(c) decide whether to investigate complaints or other conduct matters referred to it by members of the public, or whether to refer these to another appropriate body;

(d) make recommendations to the police and crime panel or police and crime commissioner about action to be taken to resolve a complaint or conduct matter.

6 In making a recommendation referred to in paragraph 5(d) a Conduct Committee may make (but is not limited to) one or more of the following recommendations—

(a) that a relevant police and crime commissioner or one or more members of a relevant police and crime panel should be suspended;

(b) that a relevant police and crime commissioner or one or more members of a relevant police and crime panel should be removed from office;

(c) that a relevant police and crime commissioner or one or more members of a relevant police and crime panel should issue a written or verbal apology to any person or group of persons the Committee considers appropriate, in a manner to be determined by the Committee which may include publishing the apology;

(d) that a relevant police and crime commissioner or one or more members of a relevant police and crime panel should publish, in a manner to be decided by the panel, a record of certain interests that such person or persons may hold;

(e) that a relevant police and crime commissioner or one or more members of a relevant police and crime panel should dispose of interests which have or might give rise to a conflict of interest.

7 The monitoring officer of the relevant police commission must provide professional advice to the Conduct Committee and assist it in carrying out its functions, or where a Conduct Committee has been established jointly by two or more police and crime panels, the relevant police commissions shall provide for one or more of their monitoring officers to provide professional advice to the Conduct Committee and assist it in carrying out its functions.”

Clause 29

BARONESS HAMWEE

LORD SHIPLEY

140

Page 21, line 26, after “staff” insert “and the relevant chief officer of police, deputy chief constable and assistant chief constables”

140A

Page 21, line 26, after “staff” insert “and any other person”

141

Page 21, line 27, after “question” insert “, produce any document or provide any information”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

141A

Page 21, line 29, leave out subsection (2)

141B

Page 21, line 31, at end insert “where disclosure would not be in the public interest”

BARONESS HAMWEE

LORD SHIPLEY

142

Page 21, line 33, after “commissioner” insert “and the relevant chief officer of police”

143

Page 21, line 36, leave out “police and crime commissioner” and insert “persons referred to in subsection (1)”

144

Page 21, line 38, after “commissioner” insert “and the deputy to the relevant chief officer of police”

145

Page 21, line 39, at end insert—

“( ) For the purposes of this section any person exercising a function under section 18(1) shall be deemed to be a member of the police and crime commissioner’s staff.”

After Clause 29

BARONESS HAMWEE

LORD SHIPLEY

146

Insert the following new Clause—

“Approval of budget by police and crime panel

(1) The relevant elected local policing body shall present a draft budget to the relevant police and crime panel for approval at a public meeting of the panel on or before 1 February in the financial year preceding that to which the draft budget relates.

(2) The panel may veto the draft budget by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.

(3) In the event of a veto the relevant elected local policing body shall present an amended draft budget to the relevant police and crime panel at a public meeting of the panel, and subsection (2) shall apply to successive drafts until the panel approves the draft budget.

(4) For the purposes of this section a draft budget is approved if it is not vetoed.

(5) This section shall not apply to the Mayor’s Office for Policing and Crime.”

147

Insert the following new Clause—

“Budget heads of expenditure

(1) Neither a police and crime commissioner nor the Mayor’s Office for Policing and Crime may make any virement between heads of expenditure in a budget implemented following the procedures set out in Schedule 5 if the virement is vetoed by the relevant police and crime panel.

(2) A veto under this section is a decision that the proposed virement be not made, taken by the panel by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

Clause 30

BARONESS HENIG

147A*

Page 22, line 3, leave out paragraph (b) and insert—

“(b) the police and crime commissioner has breached any required standards of conduct,

pending investigation of the allegations brought against the police and crime commissioner under this section.”

BARONESS HAMWEE

LORD SHIPLEY

148

Page 22, line 3, leave out from “one” to end of line 4 and insert “for which the sanction may be imprisonment”

LORD HUNT OF KINGS HEATH

LORD ROSSER

148A

Page 22, line 4, leave out “two years” and insert “six months”

BARONESS HAMWEE

LORD SHIPLEY

148AA

Page 22, line 4, at end insert “, and

(c) the commissioner is the subject of an allegation of a serious complaint (as defined by Schedule 7) or of the commission of a conduct matter (as defined by section 31)”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

148B

Page 22, line 4, at end insert—

“( ) A police and crime panel may suspend the relevant police and crime commissioner, in accordance with regulations made under section 31.”

BARONESS HENIG

148C*

Page 22, line 11, at end insert—

“( ) the police and crime commissioner being found not to be in breach of any standards of conduct”

148D*

Page 22, line 15, leave out subsection (4) and insert—

“(4) Subject to subsection (5) a police and crime panel may remove a police and crime commissioner from office at any time and must remove a police and crime commissioner from office if—

(a) that police and crime commissioner is disqualified or at any time becomes disqualified from holding office;

(b) that police and crime commissioner is in breach of the required standards of conduct.

(5) Before removing a police and crime commissioner from office, the police and crime panel must—

(a) refer the matter to its Conduct Committee for a recommendation and have regard to that recommendation;

(b) afford the police and crime commissioner an opportunity to respond to any allegations made against him if the police and crime commissioner is to be removed by reason of disqualification, poor performance or breach of standards of conduct;

(c) agree by majority vote of all the members of the police and crime panel present a motion to remove the police and crime commissioner from office;

(d) ensure that any vote on removing a police and crime commissioner is taken at an annual general meeting or emergency general meeting of the Police Commission.”

After Clause 30

BARONESS HAMWEE

LORD SHIPLEY

149

Insert the following new Clause—

“Shadow operation (No. 2)

(1) The provisions of sections 28 to 30 are subject to this section.

(2) Subsections (2) to (9) of section 28 and sections 29 and 30 shall not take effect until the end of the shadow period.”

Clause 31

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

149A

Page 22, line 31, at end insert—

“( ) the suspension of a police and crime commissioner by a police and crime panel while a qualifying complaint or conduct matter is being investigated.”

BARONESS HAMWEE

LORD SHIPLEY

149B*

Page 22, line 31, at end insert—

“( ) the setting of standards to be observed by police and crime commissioners”

BARONESS HENIG

149C*

Page 22, line 31, at end insert—

“( ) A code of conduct for Police Commission members is to be formulated by the Committee for Standards in Public Life.

( ) The code of conduct shall define—

(a) the standards of behaviour required of Police Commission members;

(b) the commitment to equalities by Police Commission members; and

(c) matters which constitute a conflict of interest for Police Commission members.”

Schedule 7

BARONESS HAMWEE

LORD SHIPLEY

149D*

Page 132, line 45, at end insert—

“Monitoring of complaints

Each police and crime panel shall monitor and review qualifying complaints and conduct matters relating to the police and crime commissioner for its area, and their handling.”

150

Page 133, line 14, leave out paragraph 6

Clause 32

BARONESS HAMWEE

LORD SHIPLEY

151

Page 22, line 36, after “discharged” insert “by it or”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

151A

Page 22, line 37, at end insert “which shall consist of twelve members appointed from among members of the Assembly, by the Assembly.”

( ) In co-opting members, the Assembly must have regard to—

(a) the functions to be performed by the panel;

(b) the skills and experience of members; and

(c) the general equality duty under the Equality Act 2010.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

152

Page 22, line 39, at end insert “, except the power in section 33(1)(c)”

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

153

Page 22, line 40, leave out paragraph (b)

BARONESS HAMWEE

LORD SHIPLEY

154

Page 23, line 3, leave out subsection (3)

155

Page 23, line 8, leave out “only”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

156

Page 23, line 19, at end insert—

“( ) Co-opted members of the police and crime panel shall be appointed following a resolution of the whole London Assembly.”

BARONESS HAMWEE

LORD SHIPLEY

157

Page 23, line 22, after “as” insert “including”

158

Page 23, line 24, at end insert “including”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

159

Page 23, line 32, leave out “33(1)” and insert “33(1)(a) and (b)”

Clause 33

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

160

Page 23, line 37, leave out “must”

161

Page 23, line 38, at beginning insert “must”

162

Page 23, line 41, at beginning insert “must”

163

Page 23, line 42, at end insert—

“(c) may pass a resolution referring the draft plan or variation back to the Mayor’s Office for Policing and Crime, and such a resolution may contain reasons for referring the draft plan or variation back.

(1A) Any resolution under subsection (1)(c) is only to have effect for the purpose of section 6(6)(e) if it was agreed to by at least two-thirds of the Assembly members voting.”

BARONESS HAMWEE

LORD SHIPLEY

164

Page 23, line 42, at end insert—

“(1A) The London Assembly may approve or reject the draft police and crime plan or draft variation.

(1B) For the purposes of subsection (1A), a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members at the time the decision is made.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

165

Page 24, line 30, at end insert—

“(e) any senior police officer of the metropolitan police force;

(f) any member of the civilian staff of the metropolitan police force.

( ) In subsection (6)(e) “senior police officer” means the ranks of—

(a) Commissioner of Police of the Metropolis;

(b) Deputy Commissioner of Police of the Metropolis;

(c) Assistant Commissioner of Police of the Metropolis;

(d) Deputy Assistant Commissioner of Police of the Metropolis;

(e) Commander.”

BARONESS HAMWEE

LORD SHIPLEY

166

Page 24, line 30, at end insert—

“(e) the Commissioner of Police of the Metropolis;

(f) any other officer of the metropolitan police force of the rank of commander or above”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

166A

Page 24, line 30, at end insert—

“( ) the Commissioner of Police of the Metropolis.”

166B

Page 24, line 34, at end insert—

“( ) The Commissioner of Police of the Metropolis must comply with any requirement imposed by the London Assembly under subsection (1).”

After Clause 33

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

167

Insert the following new Clause—

“Suspension of the Deputy Mayor for Policing and Crime

(1) The London Assembly police and crime panel may suspend the Deputy Mayor for Policing and Crime if it appears to the panel that—

(a) the Deputy Mayor for Policing and Crime has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years.

(2) The suspension of the Deputy Mayor for Policing and Crime ceases to have effect upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the Deputy Mayor for Policing and Crime being acquitted of the offence;

(c) the Deputy Mayor for Policing and Crime being convicted of the offence but not being disqualified under section 67 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Deputy Mayor for Policing and Crime is to be treated as not holding that office during that suspension.

(4) In this section, references to an offence which carries a maximum term of imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is fixed by law as life imprisonment.”

Clause 34

BARONESS HENIG

167ZA*

Page 25, line 17, leave out subsection (4) and insert—

“(4) It is for the local policing body to determine what the neighbourhoods are in the relevant police area, following consultation with the relevant chief officer of police.”

LORD BEECHAM

167A

Page 25, line 17, after “police” insert “in consultation with the relevant local authority”

BARONESS HAMWEE

LORD SHIPLEY

168

Page 25, line 18, at end insert—

“( ) In making arrangements under this section, the chief officer of police must consult the relevant police and crime panel.”

Clause 36

BARONESS HAMWEE

LORD SHIPLEY

169

Page 25, line 26, at end insert “and shall provide a copy to the relevant police and crime panel”

Clause 38

LORD BEECHAM

169A

Page 26, line 10, after “area” insert “, assisted by three members of the police and crime panel for the area (including one co-opted member of the panel),”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

169B

Page 26, line 11, at end insert “subject to the requirements in subsections (1A), (1B) and (1C) of this section.

(1A) A person may not be appointed as chief constable of a police force unless that person—

(a) holds or has held the rank of—

(i) chief constable, deputy chief constable or assistant chief constable in a police force maintained under section 2 of the Police Act 1996;

(ii) commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the Metropolitan police force; or

(iii) assistant commissioner in the City of London police;

for a period of no less than three years; and

(b) has passsed the Senior National Assessment and completed the Strategic Command course.

(1B) A person may not be appointed to the rank of chief constable for a period of more than five years.

(1C) The appropriate authority may only appoint a person as chief constable if the Secretary of State approves the appointment.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

170

Page 26, line 12, after “may” insert “, in the interests of efficiency or effectiveness,”

LORD BEECHAM

170A

Page 26, line 12, after “may” insert “, following consultation with the chair of the police and crime panel,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

170AA

Page 26, line 13, at end insert “if an investigation into an allegation of misconduct or gross misconduct is being undertaken and, in the light of the investigation, the maintenance of public confidence in that force requires the suspension”

LORD BEECHAM

170B

Page 26, line 14, after “may” insert “, following consultation with the chair of the police and crime panel,”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

171

Page 26, line 15, after “area” insert “, in the interests of efficiency or effectiveness,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

171A

Page 26, line 15, at end insert “with the approval of the Secretary of State”

171B

Page 26, line 15, at end insert “on the grounds of gross misconduct”

BARONESS HENIG

171C*

Page 26, line 18, leave out subsections (5) to (7) and insert—

“(5) This section is subject to regulations under section 50 of the Police Act 1996.”

Schedule 8

BARONESS HAMWEE

LORD SHIPLEY

LORD BEECHAM

172

Page 135, line 16, leave out “three-quarters” and insert “two-thirds”

BARONESS HENIG

172A

Page 135, line 16, leave out “three-quarters” and insert “half”

BARONESS HAMWEE

LORD SHIPLEY

173

Page 136, line 8, leave out sub-paragraph (3)

174

Page 136, line 24, leave out sub-paragraphs (4) and (5) and insert—

“(4) The regulations may not make provision for appointing the rejected candidate.”

175

Page 136, line 32, leave out paragraphs (c) and (d)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

175ZA

Page 137, line 4, leave out from beginning to end of line 7 on page 139 and insert—

“Suspension

1 The police and crime commissioner may only suspend a chief constable from duty under section 38 when the following conditions are satisfied—

(a) an allegation comes to the attention of the police and crime commissioner that indicates that the conduct of the chief constable may amount to misconduct or gross misconduct;

(b) an investigation is ongoing; and

(c) it appears to the appropriate authority that either—

(i) the effective investigation of the case may be prejudiced unless the chief constable is so suspended; or

(ii) having regard to the nature of the allegation, and any other relevant considerations, the public interest requires that the chief constable should be suspended.

2 In considering whether the suspension conditions in paragraph 1 are satisfied, the police and crime commissioner may suspend the chief constable from duty under this section.

3 Suspension of the chief constable shall have effect from the date and time that the constable is notified of the fact, either—

(a) in writing, with a summary of the reasons; or

(b) orally by the police and crime commissioner, with a written notice containing a summary of the reasons provided as soon as reasonably practicable after that initial notification.

4 The police and crime commissioner must notify the police and crime panel notice of a suspension under this Act as soon as reasonably practicable and before the second working day after the suspension.

5 Notice required under paragraph 4 must be in writing and include—

(a) a copy of the reasons given to the chief constable in accordance with paragraph 3; and

(b) the date and time that the notice was given to the chief constable.

6 The chief constable once suspended under this section may make representations against their suspension to the relevant police and crime panel—

(a) before the end of seven working days beginning with the first working day after receiving notice of the suspension; or

(b) at any time during the suspension, if the chief constable reasonably believes that the circumstances relevant to the suspension have significantly changed.

7 The police and crime panel must review the suspension and whether or not an investigation into the allegations of misconduct or gross misconduct is underway on receipt of any representations under paragraph 6—

(a) if there has been no previous review, before the end of four working days beginning with the first working day after the suspension; or

(b) in any other case—

(i) on being notified that circumstances relevant to the suspension may have significantly changed, whether by notification under paragraph 4 or otherwise; or

(ii) before the end of four weeks beginning with the day after the previous review.

8 The police and crime panel may decide that a matter does not need to be reviewed under paragraph 7 because the matter has previously been reviewed and, in the opinion of the Assembly, there does not appear to be any significant change in the circumstances relevant to the suspension.

9 At the conclusion of a review under paragraph 7, the police and crime panel must—

(a) notify the Secretary of State that a review has been undertaken;

(b) provide a recommendation of whether the suspension is valid under this section and whether the panel reasonably believes that the suspension should continue, with a summary of reasons for this view;

(c) send a copy of the information provided under paragraph (b) to—

(i) the Commissioner of Police of the Metropolis; and

(ii) the Mayor’s Office of Police and Crime.

Removal

1 The police and crime commissioner may only call upon the chief constable to retire or resign if the scrutiny process has been completed.

2 The scrutiny process is completed when the first of the following events applies—

(a) six weeks have elapsed and the police and crime commissioner has not received a recommendation from the police and crime panel about whether or not the chief constable should be called on to retire or resign; or

(b) the police and crime commissioner notifies the police and crime panel of its decision to accept the panel’s recommendation in respect of the retirement or resignation.

3 Before calling upon a chief constable to retire or resign, the police and crime panel must—

(a) give the chief constable a written explanation of the reasons why the police and crime commissioner is proposing that action;

(b) give the police and crime panel written notification that the police and crime commissioner is proposing that action, with a copy of the reasons provided to the chief constable;

(c) give the chief constable the opportunity to make representations, both in writing and in person, about the proposed action;

(d) as soon as practicable, provide the police and crime panel a copy of any such representations made by the commissioner under paragraph (c); and

(e) consider any representations made by the chief constable under paragraph (c).

4 Where paragraph 3 has been complied with, the police and crime commissioner must notify—

(a) the chief constable, and

(b) the police and crime panel,

as to whether the police and crime commissioner is continuing to call for the retirement or resignation of the chief constable.

5 Where a panel is notified that the police and crime commissioner continues to call for the retirement or resignation of the chief constable under paragraph 4, the panel must—

(a) consult the chief inspector of the constabulary and the Independent Police Complaints Commission;

(b) hold a public scrutiny meeting in accordance with paragraph 5;

(c) make a recommendation to the Mayor’s Office as to whether, in the panel’s view and having regard to any representations made or reasons provided under paragraph 3, this action is appropriate;

(d) provide this recommendation to the police and crime commissioner—

(i) orally and in writing; and

(ii) before the end of the period of six weeks, beginning with the day on which the panel receives the notification under paragraph 4; and

(e) publish the panel’s recommendation in accordance with regulations made under this Act.

6 For the purposes of this paragraph, a “scrutiny hearing” is a meeting of the London Assembly police and crime panel, which is to be held in private, and may require the following persons to appear before the panel to answer questions about the issue of resignation or retirement—

(a) the police and crime commissioner; and

(b) the chief constable.

7 The recommendation of the police and crime panel is final and binding.”

175A

Page 137, line 8, after “not” insert “seek the Secretary of State’s approval to”

BARONESS HAMWEE

LORD SHIPLEY

176

Page 137, line 16, leave out from first “the” to end of line 18 and insert “panel recommends that the commissioner call for the retirement or resignation”

177

Page 139, line 2, leave out paragraph 16

Clause 39

BARONESS HENIG

177ZA*

Page 26, line 25, leave out subsections (2) to (8) and insert—

“(2) The police and crime commissioner for a police area is to appoint the deputy chief constable of the police force for that area.

(3) The police and crime commissioner for a police area may suspend from duty the deputy chief constable of the police force for that area.

(4) The police and crime commissioner for a police area may call upon the deputy chief constable of the police force for that area to resign or retire.

(5) Before exercising the powers in subsections (2) to (4), the police and crime commissioner shall consult the chief constable.

(6) The deputy chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (4).

(7) This section is subject to regulations under section 50 of the Police Act 1996.”

LORD BEECHAM

177A

Page 26, line 26, after “commissioner” insert “and the chair of the police and crime panel”

177B

Page 26, line 29, after “commissioner” insert “and the chair of the police and crime panel”

BARONESS HAMWEE

LORD SHIPLEY

178

Page 26, line 30, at end insert—

“( ) The police and crime commissioner must consult the relevant police and crime panel before responding to a consultation by the chief constable of a police force under subsection (2) or (3).”

LORD BEECHAM

178A

Page 26, line 31, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

178B

Page 26, line 33, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Clause 40

BARONESS HENIG

178BA*

Page 27, line 7, leave out subsections (2) to (7) and insert—

“(2) The police and crime commissioner for a police area is to appoint persons as assistant chief constables of the police force for that area.

(3) The police and crime commissioner for a police area may suspend from duty an assistant chief constable of the police force for that area.

(4) The police and crime commissioner for a police area may call upon an assistant chief constable of the police force for that area to resign or retire.

(5) Before exercising the powers in subsections (2) to (4), the police and crime commissioner shall consult the chief constable.

(6) An assistant chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (4).

(7) This section is subject to regulations under section 50 of the Police Act 1996.”

LORD BEECHAM

178C

Page 27, line 8, after “commissioner” insert “and the chair of the police and crime panel”

178D

Page 27, line 10, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

178E

Page 27, line 12, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

After Clause 40

BARONESS HENIG

178EA*

Insert the following new Clause—

“Appointments panel

(1) Before exercising powers of appointment under sections 38 to 40, a police and crime commissioner shall form an appointments panel for the purposes of interviewing and assessing candidates for the vacant post.

(2) In the case of appointments made under section 38, the appointments panel must comprise—

(a) the police and crime commissioner;

(b) three members of the relevant police and crime panel;

(c) a person appointed by Her Majesty’s Inspectorate of Constabulary to advise the panel;

(d) such other persons, up to a maximum of two, as the police and crime commissioner may decide which might include, but is not limited to, representatives of the community, representatives of the police force for that area, or a professional adviser.

(3) In the case of appointments made under sections 39 and 40, the appointments panel must comprise—

(a) the police and crime commissioner;

(b) the chief constable of the relevant police force;

(c) three members of the police and crime panel;

(d) such other persons, up to a maximum of two, as the police and crime commissioner may decide which might include, but is not limited to, representatives of the community, representatives of the police force for that area, or a professional adviser.

(4) The appointments panel must agree the criteria to be used in assessing the suitability of candidates for the vacant post.

(5) After considering all the candidates for the post in relation to the criteria agreed under subsection (4), the candidate attracting the majority of votes of members of the panel that are not appointed solely as advisers, shall be appointed to the vacant post by the police and crime commissioner.”

178EB*

Insert the following new Clause—

“Powers of dismissal

(1) Before exercising powers of dismissal under sections 38 to 40, the police and crime commissioner shall consult the police and crime panel.

(2) The police and crime panel shall afford an opportunity to the relevant senior police officer to respond to any allegations made against that officer.

(3) The police and crime panel may decide to refer the matter to its Conduct Committee for further investigation.

(4) If the matter is referred to the Conduct Committee, it shall consider the allegations against the relevant senior police officer and make recommendations to the police and crime panel about whether that officer should be dismissed.

(5) If the matter is referred to the Conduct Committee, it may also consider whether the police and crime commissioner has a conflict of interest in dismissing the relevant senior police officer.

(6) The Conduct Committee may refer the matter to the Independent Police Complaints Commission (“IPCC”), Her Majesty’s Inspectorate of Constabulary (“HMIC”) or another appropriate body to make a recommendation or take further action as appropriate.

(7) If the Conduct Committee decides there is a conflict of interest, the police and crime commissioner must delegate his powers to dismiss the relevant senior police officer to the police and crime panel.

(8) If subsection (7) applies, the police and crime panel must decide whether to dismiss the relevant senior police officer, if appropriate following a recommendation from the Conduct Committee, IPCC, HMIC or other appropriate body.

(9) In all other circumstances not referred to in subsections (7) and (8), the police and crime panel must decide whether to accept or reject the dismissal of the relevant senior police officer, if appropriate following a recommendation from the Conduct Committee, IPCC, HMIC or other appropriate body.

(10) If the body accepts the dismissal, the relevant senior police officer shall be dismissed.

(11) If the body rejects the suspension or dismissal, the relevant senior police officer shall be re-instated.

(12) If the police and crime panel decide the relevant senior police officer must be re-instated, the police and crime commissioner may—

(a) refer the matter to HMIC or IPCC for further investigation or advice if it has not been previously referred to one of these bodies;

(b) refer the matter to the Secretary of State for a decision as to whether or not the relevant senior officer should be dismissed.

(13) If the police and crime commissioner refers the matter in accordance with subsection (10), he may suspend the relevant senior police officer pending the outcome of such referral.

(14) If, following further investigation in accordance with subsection (12)(a), HMIC or IPCC finds the allegation against the senior police officer is substantiated, the police and crime commissioner shall dismiss the relevant senior police officer.

(15) If the Secretary of State decides in accordance with subsection (12)(b) that the relevant senior police officer should be dismissed, the police and crime commissioner shall dismiss that officer.

(16) In all other cases where the matter has been referred in accordance with subsection (10), and subsections (12) and (13) do not apply, the relevant senior police officer shall be reinstated.”

178EC*

Insert the following new Clause—

“Powers of suspension: role of police and crime panel

(1) Except as provided in subsection (9), before exercising powers of suspension under sections 38 to 40, the police and crime commissioner shall consult the police and crime panel.

(2) The police and crime panel shall afford an opportunity to the relevant senior police officer to respond to any allegations made against that officer.

(3) The police and crime panel may decide to refer the matter to its Conduct Committee for further investigation.

(4) The police and crime panel must decide whether to accept or reject the suspension of the relevant senior police officer and may make recommendations to the police and crime commissioner about further action to be taken, including but not limited to whether that officer should be dismissed.

(5) If the police and crime panel accept the suspension of the relevant senior police officer, the police and crime commissioner must suspend that officer and must have regard to any recommendations made by the police and crime panel as to taking further action against that officer.

(6) If the police and crime panel reject the suspension of the relevant senior police officer, the police and crime commissioner must reinstate that officer, but the police and crime commissioner may refer the matter to IPCC or HMIC for further investigation or advice if the matter has not been previously referred to one of those bodies, and may suspend that senior officer pending such investigation or advice.

(7) If, following further investigation under subsection (6), HMIC or IPCC finds the allegation against the senior police officer is substantiated, the police and crime commissioner shall suspend the relevant senior police officer and shall consider whether further action should be taken against that officer.

(8) If, following further investigation under subsection (6), HMIC or IPCC finds the allegation against the senior police officer is not substantiated, the relevant senior police officer shall be reinstated.

(9) In urgent or serious cases, the police and crime commissioner may suspend a senior police officer without first consulting the police and crime panel; but the police and crime commissioner shall take steps to consult the police and crime panel as soon as possible thereafter in accordance with subsections (2) to (6).”

Clause 42

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

178F

Page 28, line 32, at end insert “subject to the requirements in subsections (1A), (1B) and (1C) of this section.

(1A) A person may not be appointed as the Commissioner of Police of the Metropolis unless that person—

(a) holds or has held the rank of—

(i) chief constable, deputy chief constable or assistant chief constable in a police force maintained under section 2 of the Police act 1996;

(ii) commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the Metropolitan police force; or

(iii) assistant commissioner in the City of London police;

for a period of less than three years; and

(b) has passed the Senior National Assessment and completed the Strategic Command course.

(1B) A person may not be appointed to the rank of the Commissioner of Police of the Metropolis for a period of more than five years.

(1C) A person may only be appointed as the Commissioner of Police of the Metropolis if the Secretary of State approves the appointment.”

Clause 43

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

178G

Page 29, line 14, at end insert—

“( ) any representations made by the London Assembly police and crime panel.”

After Clause 43

BARONESS HAMWEE

LORD SHIPLEY

179

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Commissioner and Deputy Commissioner

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly on the board that shortlists and interviews candidates for the posts that are the subject of sections 42 and 43, and shall have regard to the views of that member in making recommendations under those sections.”

Clause 45

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

179A

Page 29, line 33, after “Crime” insert “and the London Assembly police and crime panel”

Clause 46

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

179B

Page 30, line 5, after “Crime” insert “and the London Assembly police and crime panel”

Clause 47

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

179C

Page 30, line 12, after “Crime” insert “and the London Assembly police and crime panel”

After Clause 47

BARONESS HAMWEE

LORD SHIPLEY

180

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Assistant Commissioners, Deputy Assistant Commissioners and Commanders

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly on the board that shortlists and interviews candidates for the posts that are the subject of sections 45 to 47, and shall have regard to the views of that member in making recommendations under those sections.”

Clause 48

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

181

Page 30, line 16, after “may,” insert “in the interests of efficiency or effectiveness and”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

181A

Page 30, line 16, at end insert “London Assembly police and crime panel and the”

181B

Page 30, line 20, at end insert—

“( ) If an investigation into an allegation of misconduct or gross misconduct by the Commissioner of Police of the Metropolis is being undertaken and, in light of the investigation, the maintenance of public confidence in the Metropolitan police force requires the suspension.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

182

Page 30, line 24, after “may,” insert “in the interests of efficiency or effectiveness,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

182A

Page 30, line 25, after second “the” insert “London Assembly police and crime panel and the”

182B

Page 30, line 32, leave out subsection (5) and insert—

“(5) The Mayor’s Office for Policing and Crime may only call upon the Commissioner of Police of the Metropolis to retire or resign if the scrutiny process has been completed.

(5A) The scrutiny process is completed when the first of the following events applies—

(a) six weeks have elapsed and the Mayor’s Office for Policing and Crime has not received a recommendation from the London Assembly about whether or not the Commissioner should be called on to retire or resign; or

(b) the Mayor’s Office for Policing and Crime notifies the London Assembly of its decision to accept the London Assembly’s recommendation in respect of the retirement or resignation.

(5B) Before calling upon a Commissioner of Police of the Metropolis to retire or resign, the Mayor’s Office for Policing and Crime must—

(a) give the Commissioner a written explanation of the reasons why the Mayor’s Office is proposing that action;

(b) give the London Assembly police and crime panel written notification that the Mayor’s Office is proposing that action, with a copy of the reasons provided to the Commissioner;

(c) give the Commissioner the opportunity to make representations, both in writing and in person, about the proposed action;

(d) as soon as practicable, provide the London Assembly a copy of any such representations made by the Commissioner under paragraph (c); and

(e) consider any representations made by the Commissioner under paragraph (c).

(5C) Where subsection (5B) has been complied with, the Mayor’s Office must notify—

(a) the Commissioner of Police of the Metropolis, and

(b) the London Assembly police and crime panel,

as to whether the Mayor’s Office is continuing to call for the retirement or resignation of the Commissioner of Police of the Metropolis.

(5D) Where a panel is notified that the Mayor’s Office continues to call for the retirement or resignation of the Commissioner under subsection (5C), the panel must—

(a) consult the chief inspector of the constabulary and the Independent Police Complaints Commission;

(b) hold a public scrutiny meeting in accordance with subsection (5E);

(c) make a recommendation to the Mayor’s Office as to whether, in the panel’s view and having regard to any representations made or reasons provided under subsection (5B), this action is appropriate;

(d) provide this recommendation to the Mayor’s Office—

(i) orally and in writing; and

(ii) before the end of the period of six weeks beginning with the day on which the panel receives the notification under subsection (5C); and

(e) publish the panel’s recommendation in accordance with regulations made under this Act.

(5E) For the purposes of this section, a “scrutiny hearing” is a meeting of the London Assembly police and crime panel, which is to be held in private, and may require the following persons to appear before the panel to answer questions about the issue of resignation or retirement—

(a) the Mayor’s Office for Policing and Crime; and

(b) the Commissioner of Police of the Metropolis.

(5F) The recommendation of the London Assembly police and crime panel is final and binding.”

BARONESS HAMWEE

LORD SHIPLEY

183

Page 30, line 33, at end insert—

“( ) consult the London Assembly;”

184

Page 30, line 38, at end insert—

“( ) have due regard to the views of the London Assembly;”

After Clause 50

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

185

Insert the following new Clause—

“Election of the Deputy Mayor for Policing and Crime

(1) An election of the Deputy Mayor for Policing and Crime (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at an ordinary election of the Deputy Mayor for Policing and Crime in any year is to be held on the day which is the ordinary day of election in that year for the Mayor of London and the London Assembly.

(3) The term of office of a person elected as the Deputy Mayor for Policing and Crime at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary election of the Deputy Mayor for Policing and Crime.

(4) Subsection (3) is subject to any provision of or made under this or any other Act relating to the appointment or election of the Deputy Mayor for Policing and Crime or the Deputy Mayor for Policing and Crime ceasing to hold office.”

Clause 51

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

186

Page 32, line 19, at end insert “or in the office of the Deputy Mayor for Policing and Crime”

187

Page 32, line 21, after “officer” insert “or the Greater London Returning Officer”

188

Page 32, line 33, at end insert “or the next ordinary election of the Deputy Mayor for Policing and Crime”

189

Page 32, line 38, after “area” insert “or the Deputy Mayor for Policing and Crime”

190

Page 32, line 40, at end insert “or the Deputy Mayor for Policing and Crime”

Clause 52

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

190A*

Page 33, line 9, at end insert “, and

( ) the person is not serving a prison sentence or is not on remand.”

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

191

Page 33, line 11, at end insert—

“( ) A person is entitled to vote as an elector at an election of the Deputy Mayor for Policing and Crime if that person is an elector entitled to vote in an election for the Mayor of London and the London Assembly being held on that date.”

Clause 54

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

192

Page 33, line 29, at end insert—

“( ) The returning officer for an election of the Deputy Mayor for Policing and Crime is to be the Greater London Returning Officer.”

Clause 55

BARONESS HAMWEE

LORD SHIPLEY

193

Page 34, line 24, leave out “necessarily” and insert “reasonably”

194

Page 34, line 25, leave out “necessarily” and insert “reasonably”

Clause 57

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

194A

Page 36, line 11, at the end insert “and subject to subsection (2A).

(2A) If less than 40% of eligible voters vote in the election, the result shall not be binding.”

BARONESS HAMWEE

LORD SHIPLEY

195

Page 36, line 13, leave out “supplementary” and insert “alternative”

196

Page 36, line 15, leave out paragraph (b)

197

Page 36, line 16, leave out “supplementary” and insert “alternative”

198

Page 36, line 17, leave out from “(3),” to end of line 18 and insert ““alternative vote system” means the system enabling the voter to indicate preferences among the candidates as provided by Schedule 9”

Schedule 9

BARONESS HAMWEE

LORD SHIPLEY

199

Leave out Schedule 9 and insert the following new Schedule—

“SCHEDULE 9 Alternative vote system

1 This Schedule applies to an election under Chapter 6 of Part 1 of a police and crime commissioner for a police area at which there are three or more candidates.

How votes are to be given

2 (1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.

How votes are to be counted

3 (1) This paragraph sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.

(2) Votes shall be allocated to candidates in accordance with voters’ first preferences and, if one candidate has more votes than the other candidates put together, that candidate is elected.

(3) If not, the candidate with the fewest votes is eliminated and that candidate’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining candidates shall be reallocated to that remaining candidate or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(4) If after that stage of counting one candidate has more votes than the other remaining candidates put together, that candidate is elected.

(5) If not, the process referred to in sub-paragraph (3) above shall be repeated as many times as necessary until one candidate has more votes than the other remaining candidates put together, and so is elected.

Information to be given by returning officer after each stage of counting

4 (1) If no candidate is elected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first preference votes obtained by each candidate;

(b) which candidate was eliminated;

(c) the number of rejected ballot papers.

(2) Immediately after each subsequent stage of counting, except the final stage, the returning officer shall record and make publicly available the following information—

(a) the number of votes obtained by each candidate at that stage (including any reallocated);

(b) which candidate was eliminated at that stage;

(c) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”

Clause 58

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

199A

Page 36, line 27, leave out paragraphs (a) to (g)

BARONESS HAMWEE

LORD SHIPLEY

200

Page 36, line 33, at end insert—

“( ) about the regulation of spending with the intention of influencing the outcome of an election by campaigners who are not standing in that election;”

BARONESS HENIG

200A*

Page 37, line 1, leave out paragraph (c)

BARONESS HAMWEE

LORD SHIPLEY

201

Page 37, line 1, at end insert—

“( ) An order under subsection (1) shall make only such modifications and exceptions as are required to apply the relevant provisions to the election of police and crime commissioners.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

201A

Page 37, line 28, at end insert—

“( ) Before making any orders under this section, the Secretary of State must consult the Electoral Commission and publish its advice.”

Clause 59

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

202

Page 37, line 32, after “area” insert “or in the office of the Deputy Mayor for Policing and Crime”

203

Page 37, line 40, after “area” insert “or in the office of the Deputy Mayor for Policing and Crime”

204

Page 38, line 1, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

205

Page 38, line 7, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

206

Page 38, line 11, at end insert “or the Deputy Mayor for Policing and Crime”

207

Page 38, line 13, at end insert—

“( ) The appropriate officer must give notice of a vacancy in the office of the Deputy Mayor for Policing and Crime to the Greater London Returning Officer.”

Clause 60

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

208

Page 38, line 18, after “area” insert “or the Deputy Mayor for Policing and Crime”

209

Page 38, line 20, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

210

Page 38, line 23, at end insert “or the Deputy Mayor for Policing and Crime”

Clause 61

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

211

Page 38, line 36, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

Clause 62

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

211ZA

Page 39, line 5, after “section” insert “28(1E) or”

211ZB*

Page 39, line 6, leave out subsection (2)

LORD BEECHAM

211A

Page 39, line 7, leave out from second “the” to end of line 8 and insert “police and crime panel and is an elected member of a relevant local authority”

BARONESS HAMWEE

LORD SHIPLEY

212

Page 39, line 45, leave out “any” and insert “this Act and any other”

LORD BEECHAM

212A

Page 39, line 46, at end insert—

“( ) Schedule (Vacancies in the office of police and crime commissioners) shall have effect.”

After Clause 62

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

213

Insert the following new Clause—

“Appointment of acting Deputy Mayor for Policing and Crime

(1) The Mayor of London will act as the Deputy Mayor for Policing and Crime if—

(a) no person holds the office of the Deputy Mayor for Policing and Crime,

(b) the Deputy Mayor for Policing and Crime is incapacitated, or

(c) the Deputy Mayor for Policing and Crime is suspended in accordance with section (Suspension of the Deputy Mayor for Policing and Crime).

(2) Where the Mayor of London acts as the Deputy Mayor for Policing and Crime, the Mayor of London will have all the powers and functions vested in the Mayor’s Office for Policing and Crime as the Mayor of London has been elected as the Deputy Mayor for Policing and Crime.

(3) For the purposes of this section—

(a) the Deputy Mayor for Policing and Crime is incapacitated if the Deputy Mayor for Policing and Crime is unable to exercise the functions of the Deputy Mayor for Policing and Crime, except where the Deputy Mayor for Policing and Crime is unable to exercise those functions only because the Deputy Mayor for Policing and Crime has yet to give a declaration of office under section 71; and

(b) it is for London Assembly police and crime panel to determine whether or not the Deputy Mayor for Policing and Crime is incapacitated.”

After Clause 65

BARONESS HAMWEE

LORD SHIPLEY

214

Insert the following new Clause—

“Mayor’s Office for Policing and Crime: term of office

(1) A person is disqualified from occupying the Mayor’s Office for Policing and Crime if the person has been elected as Mayor of London at two previous elections.

(2) It is immaterial, for the purpose of subsection (1), whether—

(a) any election is, or was, an ordinary election; or

(b) having been elected at a previous election, the person was the occupant of the Mayor’s Office for Policing and Crime.

(3) An election which has been declared void is to be disregarded for the purposes of subsection (1).”

Clause 66

BARONESS HENIG

214ZA*

Page 41, line 42, at end insert—

“( ) is a police officer, or has served as a police officer within the previous five years;”

LORD BEECHAM

214A

Page 42, line 26, at end insert—

“( ) has served in the relevant police area during the eight years prior to the election or four years prior to the election in any other police area;

( ) is a former chief constable or deputy chief constable in any police area;”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

215

Page 42, line 26, at end insert—

“( ) A person is disqualified from being elected as, or being, a member of a Police Commission within a particular police area where that person—

(a) has served as a member of any of the bodies listed in subsection (1)(h), and

(b) has done so in that police area within the previous four years,

at the rank of assistant chief constable or above.”

BARONESS HAMWEE

LORD SHIPLEY

216

Page 42, line 32, leave out “and for this purpose B works for A if” and insert “or if otherwise”

BARONESS HENIG

216ZA*

Page 42, line 40, leave out “member, or”

Clause 67

BARONESS HAMWEE

LORD SHIPLEY

216A

Page 43, line 32, at end insert “; or

(e) the person has been the subject of a serious complaint or conduct matter investigated by the Independent Police Complaints Commission or a police force under its management and the findings include a recommendation for disqualification.”

Clause 68

BARONESS HENIG

216B*

Page 44, leave out lines 20 to 26 and insert—

“A person becomes disqualified from being a police and crime commissioner upon—

(a) becoming a member of—

(i) the House of Commons;

(ii) the Scottish Parliament;

(iii) the National Assembly for Wales;

(iv) the Northern Ireland Assembly;

(v) the European Parliament.

(b) failure to sign the code of conduct for Police Commission members within one month of taking up office.”

Clause 73

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause 73 stand part of the Bill.

After Clause 73

LORD HARRIS OF HARINGEY

BARONESS DOOCEY

217

Insert the following new Clause—

“Deputy Mayor for Policing and Crime: further provision

Sections 64 to 73 of this Act shall apply to the Deputy Mayor for Policing and Crime as though the Deputy Mayor for Policing and Crime were a police and crime commissioner.”

After Clause 77

LORD BRADSHAW

218

Insert the following new Clause—

“Pilot schemes (No. 2)

(1) The provisions of this Chapter shall be subject to pilot schemes in three police areas outside London before they come generally into effect.

(2) The Secretary of State shall, by order, specify—

(a) the police areas in which the pilot schemes shall be carried out;

(b) how long the pilot schemes shall last, providing the period is not less than three years; and

(c) against which criteria the pilot schemes shall be assessed.

(3) When the pilot schemes are finished the Secretary of State shall lay before both Houses of Parliament—

(a) a report containing an assessment of the pilot schemes; and

(b) a draft order bringing this Chapter generally into force.

(4) The Secretary of State may, by order, make transitional arrangements for the police areas in which the pilot schemes have been held for the period between the end of the pilot schemes and this Chapter coming generally into force.”

LORD BLENCATHRA

[Amendments 219 to 220 are amendments to Amendment 218]

219

Line 3, leave out “three police areas outside London” and insert “Cumbria, Cleveland and Dyfed-Powys”

LORD ELYSTAN-MORGAN

LORD MORRIS OF ABERAVON

LORD WIGLEY

219A

Line 3, leave out “three police areas outside London” and insert “North Wales, Dyfed-Powys, South Wales and Gwent”

LORD BLENCATHRA

220

Line 6, leave out paragraph (a)

Clause 79

BARONESS HENIG

220ZA*

Page 49, line 8, at beginning insert “Subject to subsection (1A),”

220ZB*

Page 49, line 13, at end insert—

“(1A) In any financial year in which the Secretary of State decides to issue a new or revised strategic policing requirement, it must be issued before the end of September in that year.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

220ZC*

Page 49, line 14, leave out from “police” to “the” in line 15 and insert “and the police and crime commissioner must, in exercising their functions, take into account”

LORD BEECHAM

220A

Page 49, line 14, after “police” insert “and a police and crime commissioner”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

221

Page 49, line 15, leave out “have regard to” and insert “follow”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

221A*

Page 49, line 15, leave out “have regard” and insert “strictly adhere”

BARONESS HENIG

221B*

Page 49, line 15, at end insert—

“( ) A Police Commission must have regard to the strategic policing requirement in exercising its functions, but it is for the police and crime commissioner to ensure that the strategic policing requirement is incorporated within the police and crime plan in accordance with section 5.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

222

Page 49, line 24, at end insert—

“(c) must identify national threats based on objective criteria and draw up the strategic policing requirement based on them.”

BARONESS HAMWEE

LORD SHIPLEY

223

Page 50, line 3, after “importance” insert “(and any matter within the functions of the Serious Organised Crime Agency under the Serious Organised Crime and Police Act 2005 shall be deemed to be such a threat)”

224

Page 50, line 4, leave out “can” and insert “is most likely to”

225

Page 50, line 5, leave out “only”

BARONESS WALMSLEY

BARONESS HARRIS OF RICHMOND

225ZA

Page 50, line 6, at end insert “, or

(c) a threat which requires England and Wales police forces to exercise one or more functions to safeguard and promote the welfare of children as defined in section 11(2)(a) of the Children’s Act 2004.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

225ZB*

Page 50, line 6, at end insert—

“(7) Her Majesty’s Inspectors of Constabulary have a duty to report annually on how each Police and Crime Commission, and the Mayor’s Office for Policing and Crime, is fulfilling the strategic policing requirement.

(8) There is a duty on the Police and Crime Commission and the Metropolitan Commissioner to have regard to the findings of this report.”

Clause 80

LORD BLENCATHRA

225A

Page 50, line 10, leave out from “be” to end of line 11 and insert “necessary to prevent the safety of people in a police area from being put at risk”

BARONESS HAMWEE

LORD SHIPLEY

226

Page 50, line 11, leave out “the efficiency and effectiveness of the police” and insert “safety and security”

Clause 81

LORD BEECHAM

226A

Page 50, line 25, after “means” insert—

“( ) the Local Government Authority;

( ) the Welsh Local Government Authority;

( ) any body representing police and crime panels;

( ) any other body the Secretary of State deems appropriate; and

( ) ”

Clause 82

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

226AA*

Page 50, line 30, leave out paragraph (a)

LORD BEECHAM

226B

Page 50, line 31, leave out paragraphs (b) and (c)

Clause 83

LORD BEECHAM

226C

Page 50, line 37, leave out subsection (3) and insert—

“(3) Before subsection (1) insert—

“(A1) The Secretary of State may require a Police Commission to suspend from duty the chief constable of the police force in the Police Commission’s police area.”.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

227

Page 51, line 2, after “may” insert “, in the interests of efficiency or effectiveness,”

228

Page 51, line 12, after “force” insert “and in the interests of efficiency or effectiveness”

Clause 84

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

228A*

Page 52, line 27, leave out subsection (2)

BARONESS HENIG

228B*

Page 52, line 28, leave out subsection (3)

228C*

Page 52, leave out lines 36 to 39 and insert—

“(2BB) The local policing body for an area may at any time request the inspectors of constabulary to carry out an inspection under this section of that local policing body; and a request under this subsection may include a request for the inspection to be confined to a particular part or component of the local policing body, to particular matters, or to particular activities of that local policing body.”

Clause 86

LORD HARRIS OF HARINGEY

229

Page 53, line 39, at end insert—

“( ) In sub-paragraph (1) omit “from time to time” and insert “on a regular basis or as often as he deems necessary”.”

230

Page 54, line 19, at end insert—

“( ) After sub-paragraph (3) insert—

“(3A) Any inspection programme or framework must include a review of the extent to which each chief constable is meeting the obligations of the strategic policing requirement.””

Schedule 11

LORD BEECHAM

230A

Page 144, line 2, leave out sub-paragraph (2) and insert—

“(2) In subsection (1)(c) for “police authority” substitute “police and crime commissioner”.”

230B

Page 144, line 2, at end insert—

“( ) After subsection (1)(c) insert—

“(ca) every police and crime panel any part of whose police area so lies;”.”

230C

Page 144, line 41, at end insert—

“( ) In subsection (5) at the end of the definition of “fire and rescue authority” insert—

““police and crime commissioner” means any police and crime commissioner established under the Police Reform and Social Responsibility Act 2011; and

“police and crime panel” means any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011.”.”

BARONESS HAMWEE

LORD SHIPLEY

231

Page 146, line 15, leave out paragraph 5

Before Clause 90

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

231A

Insert the following new Clause—

“Status of British Transport Police Force

(1) After section 1(2)(c) of the Police Act 1996 insert—

“(d) the area over which the British Transport Police Force has jurisdiction.”

(2) In section 30 of that Act insert—

“(2A) A member of the British Transport Police Force shall have all the powers and privileges of a constable throughout England and Wales and Scotland and the adjacent United Kingdom waters.”

(3) In section 101 of that Act, in the definition of “chief officer of police” insert—

“(d) in relation to the British Transport Police Force, the Chief Constable of that Force;”.

(4) In section 1(2) of the Police (Property) Act 1997, in inserted section (2B) insert—

“(d) the British Transport Police Authority,”.

(5) Omit section 100 of the Anti-terrorism, Crime and Security Act 2001.”

231B

Insert the following new Clause—

“Application of Sexual Offences Act 2003 to British Transport Police Force

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 104 insert—

“(5A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (5) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (5)(b) has occurred within that jurisdiction.”

(3) In section 123 insert—

“(1A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (1) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (1)(a) has occurred within that jurisdiction.”

Schedule 12

BARONESS HAMWEE

LORD SHIPLEY

232

Page 149, line 28, at end insert—

“(d) the views of the police and crime panel for the area in question established under the Police Reform and Social Responsibility Act 2011”

After Clause 95

LORD BLENCATHRA

233

Insert the following new Clause—

“Application of health and safety enactments to police

(1) No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties.

(2) No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others.

(3) A police officer in the execution of the officer’s duty who believes that an action or actions are necessary—

(a) to prevent crime,

(b) to prevent risk to the health and welfare of others, or

(c) to save the lives of others,

shall not be prevented from taking that action or actions by the intervention of any other public official, of whatever rank, who alleges that there is a health and safety risk to the officer.

(4) It shall be an offence for any public official to obstruct a police officer in the execution of the officer’s duty when the officer has decided under subsection (3) that an action or actions are necessary.

(5) A police officer who has come to a decision under subsection (3) shall have no authority to compel others to join with the officer in the action or actions.

(6) Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed.

(7) Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996 (police areas).

(8) A breach of the guidance issued under subsection (7) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action.

(9) A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (7).”

After Clause 96

LORD LESTER OF HERNE HILL

233A

Insert the following new Clause—

“Exemption from civil proceedings for trespass brought by offender

(1) Section 329 of the Criminal Justice Act 2003 (civil proceedings for trespass to the person brought by offender) is amended as follows.

(2) In subsection (1)(b), at the end insert “, and”.

(3) After subsection (1)(b) insert—

“(c) at the material time, the defendant was not a constable acting in the course of his or her duty.””

Schedule 14

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

234

Page 164, leave out lines 34 and 35 and insert—

“(b) the chief constable who is the appropriate authority in relation to the relevant complaint, in any other case relating to a police force maintained under section 2 of the Police Act 1996; or

(c) the Mayor’s Office for Policing and Crime, in any other case where the relevant complaint relates to the metropolitan police force.

(1A) For the purpose of subsection (1)(c) the Mayor’s Office for Policing and Crime shall have access to all information and systems where complaints are recorded.”

Clause 97

BARONESS HENIG

234ZZA*

Page 62, line 11, leave out “police and crime commissioner” and insert “Police Commission”

234ZZB*

Page 62, line 14, leave out “police and crime commissioner” and insert “Police Commission”

234ZZC*

Page 62, line 32, leave out ““police and crime commissioner”” and insert ““Police Commission””

234ZZD*

Page 62, line 44, leave out “police and crime commissioner” and insert “Police Commission”

Clause 98

BARONESS HENIG

234ZZE*

Page 63, line 9, leave out subsection (3)

Schedule 15

BARONESS HARRIS OF RICHMOND

234ZZF*

Page 166, line 37, at end insert “or Police and Crime Commissioner established under section 1, or Mayor’s Office for Policing and Crime established under section 3”

Schedule 16

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

234ZA

Page 184, line 9, at end insert—

“92A In section 54(3)(a), after “force,” insert “including the British Transport Police Force,”.”

234ZB

Page 184, line 28, at end insert—

“(c) a person employed by the Chief Constable of the British Transport Police Force;”.”

BARONESS HENIG

LORD HARRIS OF HARINGEY

234A

Page 197, line 30, leave out “, 2 or 4”

234B

Page 197, leave out lines 44 and 45

234C

Page 198, line 6, leave out from beginning to first “the” in line 8

234D

Page 198, leave out lines 17 to 21

234E

Page 198, line 25, leave out “, or the chief officer of police,”

234F

Page 198, line 27, leave out “or chief officer”

234G

Page 198, line 29, leave out “or chief officer”

234H

Page 198, line 31, leave out “or chief officer”

234J

Page 198, line 43, leave out from beginning to end of line 4 on page 199

234K

Page 199, line 6, leave out “or a chief officer of police”

234L

Page 199, line 7, leave out “, (1C)”

234M

Page 199, line 8, leave out “, (1C)”

234N

Page 199, line 10, leave out “(1C)”

234P

Page 199, leave out lines 18 to 21

234Q

Page 204, leave out lines 29 to 31

BARONESS HENIG

234R*

Page 211, line 25, leave out sub-paragraph (i)

234S*

Page 211, line 33, leave out paragraph (c)

BARONESS HAMWEE

LORD SHIPLEY

234T*

Page 213, line 40, after “body” insert “in conjunction with the police and crime panel”

234U*

Page 213, line 42, after “body” insert “in conjunction with the police and crime panel”

234V*

Page 214, line 2, after “body” insert “in conjunction with the police and crime panel”

234W*

Page 214, line 4, after “body” insert “in conjunction with the police and crime panel”

234X*

Page 214, line 5, after “body” insert “in conjunction with the police and crime panel”

234Y*

Page 214, line 10, after “body” insert “in conjunction with the police and crime panel”

234Z*

Page 214, line 11, after “body” insert “in conjunction with the police and crime panel”

234AA*

Page 214, line 13, after “body” insert “in conjunction with the police and crime panel”

234AB*

Page 214, line 17, after “body” insert “in conjunction with the police and crime panel”

234AC*

Page 214, line 19, after “body” insert “in conjunction with the police and crime panel”

234AD*

Page 214, line 21, after “body” insert “in conjunction with the police and crime panel”

234AE*

Page 214, line 23, after “body” insert “in conjunction with the police and crime panel”

234AF*

Page 214, line 25, after “body” insert “in conjunction with the police and crime panel”

234AG*

Page 214, line 26, after “body” insert “in conjunction with the police and crime panel”

234AH*

Page 214, line 33, after “body” insert “in conjunction with the police and crime panel”

234AJ*

Page 214, line 35, after “body” insert “in conjunction with the police and crime panel”

234AK*

Page 214, line 36, after “body” insert “in conjunction with the police and crime panel”

234AL*

Page 214, line 38, after “body” insert “in conjunction with the police and crime panel”

234AM*

Page 214, line 39, after “body” insert “in conjunction with the police and crime panel”

234AN*

Page 214, line 42, after “body” insert “in conjunction with the police and crime panel”

234AP*

Page 214, line 45, after “body” insert “in conjunction with the police and crime panel”

234AQ*

Page 215, line 2, after “body” insert “in conjunction with the police and crime panel”

234AR*

Page 215, line 5, after “body” insert “in conjunction with the police and crime panel”

234AS*

Page 215, line 6, after “body” insert “in conjunction with the police and crime panel”

234AT*

Page 215, line 8, after “body” insert “in conjunction with the police and crime panel”

234AU*

Page 215, line 10, after “body” insert “in conjunction with the police and crime panel”

234AV*

Page 215, line 12, after “body” insert “in conjunction with the police and crime panel”

234AW*

Page 215, line 14, after “body” insert “in conjunction with the police and crime panel”

234AX*

Page 215, line 15, after “body” insert “in conjunction with the police and crime panel”

234AY*

Page 215, line 16, after “body” insert “in conjunction with the police and crime panel”

234AZ*

Page 215, line 20, after “body” insert “in conjunction with the police and crime panel”

234BA*

Page 215, line 23, after “body” insert “in conjunction with the police and crime panel”

234BB*

Page 215, line 24, after “body” insert “in conjunction with the police and crime panel”

234BC*

Page 215, line 26, after “body” insert “in conjunction with the police and crime panel”

234BD*

Page 215, line 28, after “body” insert “in conjunction with the police and crime panel”

234BE*

Page 215, line 29, after “body” insert “in conjunction with the police and crime panel”

After Schedule 16

BARONESS FINLAY OF LLANDAFF

235

Insert the following new Schedule—

“SCHEDULE Youth rehabilitation orders: alcohol monitoring requirement

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n) insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule),”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “an intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under paragraph 24A(1)”.

4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of that failure.”.

(4) In paragraph 21(1) (warrants), after “by virtue of this Schedule” insert “or under paragraph 4A”.”

236

Insert the following new Schedule—

“SCHEDULE Alcohol monitoring requirement

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement”.

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement”.

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “an alcohol treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 212A(1)”.”

Clause 103

BARONESS HAMWEE

LORD SHIPLEY

237

Page 65, line 21, at end insert—

““shadow period” means the period of one year provided by section (Shadow operation) in respect of each police area”

Clause 104

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

237ZA

Page 66, line 18, at end insert—

“(aa) after paragraph (a) insert—

“(aa) the Chief Constable of the British Transport Police Force, for any premises situated in the area in which that Force has jurisdiction,”,”

After Clause 104

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

237A

Insert the following new Clause—

“General duties of licensing authorities

(1) The Licensing Act 2003 is amended as follows.

(2) In section 4(2), after paragraph (d) insert—

“(e) protecting and improving public health”.”

Clause 106

LORD CLEMENT-JONES

VISCOUNT ASTOR

237B

Page 67, line 11, leave out paragraphs (a) to (c) and insert “for paragraphs (a) to (e) of subsection (3) substitute—

“(a) a person who lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) a person who has a business interest that might be affected by the authorised activities,

(c) anyone representing persons who satisfy the requirements of paragraph (a) or (b),”.”

LORD PALMER OF CHILDS HILL

238

Page 67, line 17, after “area” insert “or in an adjoining area”

239

Page 67, line 24, after “who” insert “live, or are involved in a business, in the relevant licensing authority’s area or in an adjoining area and”

VISCOUNT ASTOR

LORD CLEMENT-JONES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 106 stand part of the Bill.

Clause 108

LORD CLEMENT-JONES

VISCOUNT ASTOR

239A

Page 69, line 7, leave out paragraphs (a) to (c) and insert “for paragraphs (a) to (e) of subsection (3) substitute—

“(a) a person who lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) a person who has a business interest that might be affected by the authorised activities,

(c) anyone representing persons who satisfy the requirements of paragraph (a) or (b),”.”

Clause 110

VISCOUNT ASTOR

LORD CLEMENT-JONES

240

Page 70, line 23, leave out subsection (2)

LORD CLEMENT-JONES

VISCOUNT ASTOR

240A

Page 71, line 3, leave out subsections (11) to (13)

LORD CLEMENT-JONES

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill.

Clause 111

LORD CLEMENT-JONES

VISCOUNT ASTOR

240B

Page 71, line 22, leave out subsections (3) to (5)

 

The above-named Lords give notice of their intention to oppose the Question that Clause 111 stand part of the Bill.

Clause 112

LORD CLEMENT-JONES

VISCOUNT ASTOR

 

The above-named Lords give notice of their intention to oppose the Question that Clause 112 stand part of the Bill.

Clause 113

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

240BA

Page 72, line 20, at end insert “including the Chief Constable of the British Transport Police Force,”

LORD CLEMENT-JONES

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

 

The above-named Lords give notice of their intention to oppose the Question that Clause 113 stand part of the Bill.

Clause 114

BARONESS HAMWEE

LORD SHIPLEY

240C

Page 73, line 44, at end insert—

“(iii) any standard conditions imposed under section 106B,”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240D

Page 73, line 44, at end insert—

“(iii) any standard conditions imposed under section 106B, and

(aa) in the case where a premises licence or club premises certificate is in force in respect of the premises used for the licensable activity, the licensable activity is carried out in accordance with any conditions to which the premises licence or club premises certificate is subject (except where those conditions are inconsistent with the carrying out of the licensable activities in question), and”

BARONESS HAMWEE

LORD SHIPLEY

240E

Page 73, line 44, at end insert—

“(aa) in the case where a premises licence or club premises certificate is in force in respect of the premises used for the licensable activity, the licensable activity is carried out in accordance with any conditions to which the premises licence or club premises certificate is subject (except where those conditions are inconsistent with the carrying out of the licensable activities in question), and”

BARONESS HAMWEE

LORD SHIPLEY

LORD HUNT OF KINGS HEATH

LORD ROSSER

240F

Page 74, line 34, at end insert—

“(3A) After section 106A (as inserted by subsection (3)) insert—

“106B Standard conditions on temporary event notices

(1) A licensing authority may, if the authority considers it appropriate for the promotion of the licensing objectives to do so, prescribe standard conditions which, in accordance with subsections (2) to (5), may be applied to any temporary event notice.

(2) The relevant licensing authority may impose one or more of its standard conditions on a standard temporary event notice if—

(a) the authority considers it appropriate for the promotion of the licensing objectives to do so, and

(b) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

(3) Where the authority decides to impose one or more standard conditions under subsection (2)—

(a) the authority must give the premises user notice of the decision,

(b) the notice must be accompanied by a separate statement (the “statement of standard conditions”) which sets out the standard conditions that have been imposed on the temporary event notice, and

(c) a copy of the notice and statement of standard conditions must be given to each relevant party.

(4) The notice and statement of standard conditions under subsection (3) must—

(a) be in the prescribed form,

(b) be given to the premises user in the prescribed manner, and

(c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.

(5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.””

240G

Page 74, line 38, after “106A(3)” insert “or any statement of standard conditions given under section 106B(3)”

240H

Page 74, line 41, after “106A(3)” insert “or any statement of standard conditions given under section 106B(3)”

240J

Page 75, line 10, after “106A(3)” insert “or a statement of standard conditions given under section 106B(3)”

Clause 116

BARONESS HAMWEE

LORD SHIPLEY

240K

Page 78, line 1, leave out subsection (2)

LORD CLEMENT-JONES

VISCOUNT ASTOR

 

The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill.

Clause 119

LORD CLEMENT-JONES

VISCOUNT ASTOR

240L

Page 78, line 27, leave out subsection (3)

After Clause 119

BARONESS COUSSINS

BARONESS FINLAY OF LLANDAFF

240M

Insert the following new Clause—

“Purchase of alcohol on behalf of children

(1) In section 149(7)(b) of the Licensing Act 2003, for “level 5 on the standard scale” substitute “£10,000”.

(2) The amendment made by this section applies in relation to offences that are committed on or after the commencement of this section.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240N

Insert the following new Clause—

“Training orders for persistently selling alcohol to children

After section 147B of the Licensing Act 2003, insert—

“147C Training orders for persistently selling alcohol to children

(1) A relevant officer may give a notice under this section (a “training order”) applying to any premises if—

(a) there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises;

(b) the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and

(c) the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence.

(2) A training order is a notice which—

(a) proposes a prohibition for a period not exceeding 24 hours on sales of alcohol on the premises in question;

(b) offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice;

(c) requires re-training of staff on the law on under-age sales to be carried out by a date specified by the licensing authority; and

(d) requires evidence to be submitted to the licensing authority that training has taken place.”.”

Clause 120

LORD CLEMENT-JONES

VISCOUNT ASTOR

240P

Page 79, line 11, leave out “appropriate” and insert “necessary”

240Q

Page 79, line 25, leave out “midnight” and insert “1am”

240R

Page 79, line 28, leave out “, or a temporary event notice is given,”

240S

Page 80, line 22, at end insert—

“(e) the holder of a personal licence in respect of affected premises,”

240T

Page 80, line 29, at end insert “, and

(e) the holder of a personal licence in respect of affected premises”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240U

Page 81, leave out lines 45 and 46

BARONESS HAMWEE

LORD SHIPLEY

240V

Page 81, line 45, leave out from beginning to end of line 4 on page 82 and insert—

“(1) Regulations may prescribe—

(a) particular kinds of premises in relation to which, if a licensing authority so decides, the effect of the early morning restriction order does not apply (“permitted exemption categories”);

(b) particular days in relation to which, if a licensing authority so decides, the effect of the early morning restriction order does not apply (“permitted exempted days”).

(2) References in subsection (1) to a decision of a licensing authority are to a decision by the licensing authority under section 172A that the category or day in question is to apply in its area.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240W

Page 81, line 46, at end insert—

“(1A) Prescribed cases or circumstances mentioned in subsection (1) includes New Year’s Eve.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240X

Page 82, leave out lines 1 to 4 and insert—

“(2) The Secretary of State may make regulations to prescribe—

(a) particular kinds of premises in relation to which the effect of the early morning restriction order does not apply (“permitted exemption categories”), and

(b) particular days in relation to which the effect of the early morning restriction does not apply (“permitted exemption days”),

which a licensing authority may decide is relevant to a particular application and order made under section 172A of this Act.”

VISCOUNT ASTOR

LORD CLEMENT-JONES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.

Clause 121

240Y

[Withdrawn]

BARONESS HAMWEE

LORD SHIPLEY

LORD STEVENSON OF BALMACARA

240Z

Page 82, line 35, leave out from beginning to end of line 2 on page 83

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

240XA

Page 82, line 36, insert “, where this is requested by the fee-payer”.

BARONESS HAMWEE

LORD SHIPLEY

240XB

Page 83, line 9, leave out “21 days” and insert “eight weeks”

240XC

Page 83, leave out lines 32 to 43

240XD

Page 84, line 6, leave out “21 days” and insert “eight weeks”

Clause 122

BARONESS HAMWEE

LORD SHIPLEY

240XE

Page 84, line 15, leave out “prescribing” and insert “regarding”

LORD CLEMENT-JONES

VISCOUNT ASTOR

240XF

Page 84, leave out line 21

BARONESS HAMWEE

LORD SHIPLEY

240XG

Page 84, leave out lines 24 to 26

VISCOUNT ASTOR

LORD CLEMENT-JONES

241

Page 85, leave out line 3

LORD CLEMENT-JONES

VISCOUNT ASTOR

241ZA

Page 85, leave out lines 15 to 17

Clause 125

BARONESS FINLAY OF LLANDAFF

BARONESS HAYTER OF KENTISH TOWN

241A

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers who have held licences for two years or less to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

BARONESS HAYTER OF KENTISH TOWN

241B

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers under the age of 21 to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

LORD CLEMENT-JONES

VISCOUNT ASTOR

241C

Page 88, line 2, leave out “five” and insert “two”

Clause 126

LORD CLEMENT-JONES

VISCOUNT ASTOR

241D

Page 88, line 12, leave out “that” and insert “where”

241E

Page 88, line 21, leave out subsection (4)

Clause 127

LORD CLEMENT-JONES

VISCOUNT ASTOR

241F

Page 88, line 31, leave out “on one” and insert “for 15”

241G

Page 88, line 31, at end insert “, not including New Year’s Eve”

Clause 129

BARONESS HAMWEE

LORD SHIPLEY

241H

Page 89, line 31, leave out paragraph (a)

241J

Page 89, line 42, after “persons” insert “in the area of a licensing authority”

After Clause 129

BARONESS HAMWEE

LORD SHIPLEY

241K

Insert the following new Clause—

“Power for licensing authorities to set levy

(1) Subsection (2) applies where the Secretary of State makes regulations under this Act regarding the amount of any levy.

(2) The Secretary of State may, in making regulations concerning the levy, have regard, in particular, to the costs of any licensing authority to whom the levy is to be payable which are referable to the discharge of the function to which the levy relates.

(3) Regulations made under this section may also specify constraints on the licensing authority’s power to determine the amount of the levy.

(4) Subsection (5) is subject to any constraint imposed under subsection (3).

(5) The licensing authority—

(a) must determine the amount of the levy (and may from time to time determine a revised amount),

(b) may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases), and

(c) must publish the amount of the levy as determined from time to time.”

Clause 130

LORD CLEMENT-JONES

VISCOUNT ASTOR

241L

Page 90, line 19, leave out paragraph (c)

241M

Page 90, line 24, at end insert—

“( ) Regulations must make provision that where the licensing authority has introduced an early morning restriction order under section 120 a late night levy may not be applied.”

Clause 132

LORD BRADSHAW

LORD FAULKNER OF WORCESTER

LORD RAMSBOTHAM

241MA

Page 91, line 36, after “body,” insert “including the British Transport Police Authority where appropriate,”

BARONESS HAMWEE

LORD SHIPLEY

241N

Page 91, line 41, leave out “70” and insert “30”

After Clause 132

LORD CLEMENT-JONES

VISCOUNT ASTOR

241P

Insert the following new Clause—

“Accountability of police

(1) The local police force must provide a written report to the local authority at the end of each levy year where a levy is applied to the local authority area.

(2) The report is to be submitted to the local authority within 12 weeks of the end of the levy period.

(3) The report must contain—

(a) details of the amount received through the levy and the amount spent by the police in providing policing in the areas covered by the late-night levy during the hours that it applies; and

(b) details of the impact of the levy on crime and disorder in the area covered by the levy.”

241Q

Insert the following new Clause—

“Accountability of licensing authority

(1) The licensing authority must provide a written report to the local authority at the end of each levy year where a levy is applied to the local authority area.

(2) The report is to be submitted to the local authority within 12 weeks of the end of the levy period.

(3) The report must contain—

(a) details of the amount received through the levy and the amount spent by the licensing authority in providing services in the areas covered by the late-night levy during the hours that it applies; and

(b) details of the impact of the levy on crime and disorder in the area covered by the levy.”

Clause 135

BARONESS HAMWEE

LORD SHIPLEY

241R

Page 93, line 27, leave out subsections (1) to (3)

241S

Page 94, line 15, leave out subsection (5)

Clause 136

LORD CLEMENT-JONES

VISCOUNT ASTOR

241T

Page 94, line 24, at beginning insert “other”

241U

Page 94, line 24, after “authorisations” insert “, not included in section 136,”

241V

Page 94, line 32, at end insert “not included in section 136”

241W

Page 94, line 35, after “prescribe” insert “additional”

LORD CLEMENT-JONES

BARONESS COUSSINS

VISCOUNT ASTOR

241X

Page 94, line 41, at end insert—

“( ) Holders of relevant late night authorisations participating in the following arrangements will pay a reduced levy of 50 per cent—

(a) Best Bar None;

(b) business improvement districts;

(c) Purple Flag;

(d) Pubwatch, Club Watch or ShopWatch;

(e) any other arrangements as may be prescribed by the Secretary of State.”

After Clause 141

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

BARONESS STOWELL OF BEESTON

LORD PALMER OF CHILDS HILL

242

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), after paragraph 24 insert—

“Alcohol monitoring requirement

24A (1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State makes rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.”

243

Insert the following new Clause—

“Alcohol monitoring requirement

(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Alcohol monitoring requirement) makes further amendments to the Criminal Justice Act 2003.”

BARONESS FINLAY OF LLANDAFF

LORD PALMER OF CHILDS HILL

244

Insert the following new Clause—

“Licensed Premises Cumulative Impact (saturation) Policies

(1) Local authorities must comply with their local Licensed Premises Cumulative Impact (saturation) Policies when granting any licence for premises for the sale of alcohol.

(2) Each local authority shall review their Licensed Premises Cumulative Impact (saturation) Policies at least every three years, to take account of changing patterns of consumption, accidental injuries, antisocial behaviour, violence and aggression data as collected by local health, social care and public order bodies.

(3) Licences shall not be granted for sales of alcohol on petrol filling station forecourts.”

Clause 144

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZA

Page 97, line 16, leave out “or authorised officer”

BARONESS MILLER OF CHILTHORNE DOMER

244ZAA

Page 97, line 17, leave out “, or is about to do,”

244ZAB

Page 97, line 20, leave out paragraph (b)

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZB

Page 97, line 22, leave out paragraph (a)

244ZC

Page 97, line 44, leave out subsection (4)

Clause 145

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZD

Page 98, line 34, leave out subsections (4) and (5)

BARONESS MILLER OF CHILTHORNE DOMER

244ZDA

Page 98, line 45, leave out “or varied”

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZE

Page 99, leave out line 2

Clause 148

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill.

Clause 149

BARONESS HAMWEE

LORD SHIPLEY

BARONESS MILLER OF CHILTHORNE DOMER

244ZF

Page 100, line 41, leave out subsection (2)

After Clause 150

LORD BLENCATHRA

244A

Insert the following new Clause—

“Police power of containment

(1) If the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London has cause to believe that the activities of one or more persons in a group of 100 or more persons in Parliament Square or in an area of London within 3 miles of Parliament Square may—

(a) pose a risk to the safety of persons in the area or outside it, or

(b) cause damage to property,

either Commissioner may contain all of the group in Parliament Square or any other area until such time as the Commissioner concludes that the risk to persons and property has diminished to such an extent that it is safe to let people leave the contained area.

(2) It is not necessary for all or a majority of persons in the group of 100 or more to be engaged in the activity or activities that lead the Commissioner to exercise the power in subsection (1).

(3) It is not necessary for violence to persons or damage to property to have occurred for the Commissioner to exercise the power in subsection (1).

(4) Containment under subsection (1) shall not exceed a period of 18 hours from the time that the Commissioner concludes that the containment is necessary.

(5) Preparations made by the Commissioner in anticipation that containment may be necessary shall not be counted in the time limit in subsection (4).

(6) The Commissioner, in deciding that containment is necessary, shall ensure processes are in place to allow persons in the contained group to leave the containment at the Commissioner’s discretion.

(7) The Commissioner shall ensure processes are in place for arresting and charging those within the contained group whom the Commissioner believes have committed a criminal offence.

(8) Containment of persons or a group of persons under subsection (1) shall not be a breach of any human rights enactment.

(9) It shall not be the duty of the Commissioner to provide any amenities or sustenance for persons in the contained group; and failure to provide the same shall not be a breach of any human rights enactment nor give rise to a legal action.

(10) The powers and obligations of the Commissioner of Police of the Metropolis in this section may be exercised by the Deputy Commissioner of Police of the Metropolis, an Assistant Commissioner of Police of the Metropolis or a Commander.

(11) The powers and obligations of the Commissioner of Police for the City of London in this section may be exercised by the Assistant Commissioner of Police for the City of London or by the Commander of Police for the City of London.”

LORD DUBS

244AA

Insert the following new Clause—

“Guidance issued under this Part

(1) The Secretary of State shall issue guidance on—

(a) prohibited activities under section 144;

(b) directions under section 144(1);

(c) seizure and retention of property under section 146;

(d) authorisations for the operation of amplified noise equipment under section 148.

(2) Guidance issued under subsection (1)(a) shall include—

(a) further details defining the terms—

(i) “structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period”,

(ii) “sleeping equipment”,

(iii) “the purpose of sleeping or staying in that area”, and

(iv) “the purpose of sleeping overnight”;

(b) guidance about the treatment of amplified noise equipment used by a disabled persons for the purposes of communication.

(3) Guidance issued under subsection (1)(b) shall include provision about—

(a) the circumstances in which a direction under subsection 144(1) may be made;

(b) the form of any direction given under subsection 144(1), in particular—

(i) the circumstances when a direction or the variation of a direction must be in writing;

(ii) the arrangements for the identification of a constable or authorised officer making a direction or variation of a direction;

(iii) the appropriate duration of any direction or variation of a direction; and

(iv) the requirements for notice and communication of a direction or a variation of a direction to the person or persons subject to such a direction.

(4) Guidance issued under subsection (1)(c) shall include provision about—

(a) the circumstances in which the powers under subsection 146(1) shall be exercised, in particular—

(i) the identification and notification of the owner of any relevant prohibited item; and

(ii) the use of force by constables under subsection 146(4).

(5) Guidance issued under subsection (1)(d) shall include provision about—

(a) the criteria for withholding authorisation;

(b) any exemptions from authorisation for equipment used by disabled persons for the purposes of communication;

(c) the conditions which may be imposed by the responsible authority in connection with any authorisation;

(d) the target timetables for the processing of applications for authorisation (including fast-track procedures for priority authorisation);

(e) the form and manner of—

(i) the application for authorisation,

(ii) the notice of authorisation, and

(iii) the notice of variation of any authorisation;

(f) the maximum fee to be paid for determining any application.

(6) Before issuing guidance under this section the Secretary of State must—

(a) publish a draft of the proposed guidance; and

(b) conduct a public consultation on the draft guidance.

(7) In preparing draft guidance, the Secretary of State must, in particular, consult—

(a) the Metropolitan Police Service;

(b) the Greater London Authority;

(c) Westminster City Council; and

(d) the Director of Public Prosecutions.

(8) Guidance issued under this section must be made by statutory instrument in accordance with section 155(3).”

Clause 152

BARONESS MEACHER

244AB

Page 102, line 7, at beginning insert “Intoxicating Substances (Supply) Act 1985, enactments on trading standards, and”

Schedule 17

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

BARONESS FINLAY OF LLANDAFF

244B

Page 227, line 4, at end insert—

“( ) other control powers would be less likely to reduce the overall harmful effects of all available drugs.”

244C

Page 227, line 4, at end insert—

“(7) The impact of a temporary class drug order on usage and effects of a temporary class drug and other drugs must be reviewed by the Advisory Council at the end of one year beginning with the day on which a temporary class drug order came into force.

(8) The impact of the temporary class drug orders must be reviewed by the Secretary of State in consultation with the Advisory Council at the end of three years beginning with the day on which the first temporary class drug order came into force.”

BARONESS MEACHER

LORD WALTON OF DETCHANT

244CA

Page 230, line 31, at end insert—

“The Intoxicating Substances (Supply) Act 1985 and enactments on trading standards are amended to make provision for the regulatory control of drugs subject to temporary control orders.”

Clause 153

BARONESS FINLAY OF LLANDAFF

244D

Page 102, line 11, leave out paragraph (a)

244E

Page 102, line 11, at end insert—

“( ) for sub-paragraph (1)(a), substitute—

“(a) at least one person appearing to the Secretary of State to belong to each of the groups specified in sub-paragraph (1A) below;”,”

244F

Page 102, line 12, at end insert—

“( ) After sub-paragraph (1), insert—

“(1A) The groups referred to in sub-paragraph (1)(a) above are—

(a) scientists from the natural and physical sciences;

(b) experts from the social and behavioural sciences;

(c) experts with backgrounds in tackling drugs;

(d) people affected by drugs, either directly or through a family member.”.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

244G

Leave out Clause 153 and insert the following new Clause—

“Advisory Council on the Misuse of Drugs

(1) Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc. of the Advisory Council on the Misuse of Drugs) is amended as follows.

(2) For paragraph 1(2) substitute—

“(2) The Advisory Council on the Misuse of Drugs must have as members at least one person from each of the following groups—

(a) scientists from the natural and physical sciences;

(b) experts from the social and behavioural sciences;

(c) experts with backgrounds in tackling drugs; and

(d) people who have been affected either directly or indirectly by drug use.”.”

LORD RAMSBOTHAM

 

Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 153 stand part of the Bill.

Clause 154

LORD CAMPBELL-SAVOURS

245

Page 102, line 19, leave out from “applies” to end of line 20 and insert—

“(a) a justice of the peace shall apply to the Director of Public Prosecutions for advice on the advisability of granting the warrant or summons,

(b) no warrant or summons shall be issued under this section without taking into account any advice given by the Director of Public Prosecutions”

BARONESS D’SOUZA

LORD LESTER OF HERNE HILL

BARONESS TONGE

245A

Page 102, leave out line 20 and insert “unless the Director of Public Prosecutions has been given prior notice that an information has been laid.

(4AA) The Director of Public Prosecutions may submit to the Court advice concerning the issuing of a warrant or summons and shall be allowed to appear before the Court in respect of this.”

LORD PHILLIPS OF SUDBURY

BARONESS TONGE

245AZA

Page 102, leave out line 20 and insert “unless before the hearing of the same the Director of Public Prosecutions shall be given notice thereof and the opportunity at that hearing to appear and make representations”

LORD MACDONALD OF RIVER GLAVEN

LORD THOMAS OF GRESFORD

BARONESS TONGE

245AA

Page 102, line 20, at end insert—

“(4AA) The Director of Public Prosecutions shall grant his consent if—

(a) the evidence establishes a realistic prospect of conviction, and the prosecution would be in the public interest, or

(b) the evidence raises a reasonable suspicion that an offence has been committed and that the suspect committed it, and the Director of Public Prosecutions is satisfied that there are reasonable grounds for believing that a continuing investigation will provide further evidence, within a reasonable period of time, so that all the evidence taken together is capable of establishing a realistic prospect of conviction.

(4AB) In the case of consent granted under subsection (4AA)(b) above, the Director of Public Prosecutions shall keep that case under review, so that if evidence establishing a realistic prospect of conviction is not available within a reasonable period, the Director of Public Prosecutions shall take over and discontinue the case.”

After Clause 154

LORD CARLILE OF BERRIEW

LORD ANDERSON OF SWANSEA

LORD AVEBURY

BARONESS D’SOUZA

246

Insert the following new Clause—

“Annual war crimes report

(1) The Secretary of State shall each year lay before Parliament a war crimes report.

(2) The war crimes report must contain information on the investigation by police forces and the prosecution of persons present in the United Kingdom suspected of having committed a relevant offence, and in particular—

(a) the number of persons investigated and prosecuted for relevant offences,

(b) the country where the relevant offences are suspected to have been committed,

(c) any legal proceedings other than prosecution of those persons (for example, proceedings relating to immigration or residence), and

(d) whether any of those persons have been prosecuted for any other offence.

(3) The war crimes report must contain information on any assistance provided to any country or person in respect of the investigation and prosecution outside the United Kingdom of relevant offences, in particular—

(a) assistance to the International Criminal Court in accordance with the International Criminal Court Act 2001, and

(b) assistance to any international criminal tribunal with jurisdiction over relevant offences.

(4) The Secretary of State may omit from the war crimes report any information which ought not to be disclosed—

(a) in the interests of national security,

(b) because it relates to an individual and is of a sensitive personal nature,

(c) because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.

(5) In this section “relevant offences” means—

(a) war crimes, crimes against humanity and genocide within the meaning of section 50 of the International Criminal Court Act 2001, and

(b) torture within the meaning of section 134 of the Criminal Justice Act 1988.”

Clause 155

BARONESS HAMWEE

LORD SHIPLEY

247

Page 103, line 39, after “under” insert “section (Pilot schemes) or”

LORD BRADSHAW

248

Page 103, line 39, at end insert “or (Pilot schemes (No. 2))(3)”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

249

Page 103, line 40, after “section” insert “(Memorandum of understanding: operational independence)”

Clause 158

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

250

Page 104, line 29, after “subsections” insert “(2A),”

BARONESS DOOCEY

251

Page 104, line 29, leave out “(3) and (4)” and insert “(2A) to (4).

(2A) Chapters 1 to 6 of Part 1 may not be brought into force before 1 October 2012 and must be brought into force on the same day.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

252

Page 104, line 29, at end insert—

“(2A) A commencement order must not be made under subsection (1) in respect of Part 1 of this Act until—

(a) Her Majesty’s Inspectorate of Constabulary (HMIC) has conducted an inquiry into, and published a report on, the expected impact of the introduction of Police Commissions in England and Wales; and

(b) the responsible Minister has laid a copy of the report, and the Government’s response to any recommendations raised in the report, before both Houses of Parliament.”

253

Page 104, line 29, at end insert—

“(2B) An order may not be made under subsection (1) to commence section 1 until the requirements in section (Pilot schemes (No. 3)) have been satisfied.”

LORD BRADSHAW

254

Page 104, line 39, at end insert—

“( ) Chapter 6 shall come into force in accordance with section (Pilot schemes (No. 2)).”

Prepared 3rd June 2011