Session 2010-12
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Police Reform and Social Responsibility Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Third Marshalled List]

Clause 5

BARONESS HAMWEE

LORD SHIPLEY

69AA*

Page 5, line 39, at end insert—

“(iii) any protocol or memorandum of understanding issued by the Secretary of State or agreed between a police and crime commissioner and chief constable or their representatives regarding their relationship, powers and functions”

Clause 7

BARONESS HAMWEE

LORD SHIPLEY

76ZA*

Page 7, line 39, leave out paragraph (b)

76C*

Page 8, line 1, leave out from second “the” to end of line 2 and insert “attainment of the police and crime objectives will be assessed”

78A*

Page 8, line 26, at end insert—

“( ) such persons as appear to the Secretary of State to represent the views of local authorities,”

Clause 8

BARONESS HAMWEE

LORD SHIPLEY

80ZA*

Page 9, line 29, at end insert—

“( ) such persons as appear to the Secretary of State to represent the views of local authorities,”

Schedule 5

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.”

122AA*

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

Schedule 6

BARONESS HAMWEE

LORD SHIPLEY

125A*

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

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.”

BARONESS HAMWEE

LORD SHIPLEY

LORD HUNT OF KINGS HEATH

LORD ROSSER

127A*

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

BARONESS HAMWEE

LORD SHIPLEY

128A*

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

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”

Clause 29

BARONESS HAMWEE

LORD SHIPLEY

140A*

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

Clause 30

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)”

Schedule 8

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 sub-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 sub-paragraph (4) must be in writing and include—

(a) a copy of the reasons given to the chief constable in accordance with sub-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 sub-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 sub-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 sub-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 sub-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

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

(11) 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.

(12) 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).

(13) Where sub-paragraph (12) 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.

(14) Where a panel is notified that the police and crime commissioner continues to call for the retirement or resignation of the chief constable under sub-paragraph (13), 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 sub-paragraph (14);

(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 sub-paragraph (12), 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 13; and

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

(15) 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.

(16) The recommendation of the police and crime panel is final and binding.”

Clause 48

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

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.”

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.”

Clause 58

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

199A*

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

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 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 152

BARONESS MEACHER

244AB*

Page 102, line 7, at beginning insert “Intoxicating Substances (Supply) Act 1985, enactments on trading standards, and”

Schedule 17

BARONESS MEACHER

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.”