Police Reform and Social Responsibility Bill

FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 27th June 2011, as follows—

Clause 97
Schedule 14
Clauses 98 to 100
Schedule 15
Clause 101
Schedule 16
Clauses 102 to 153
Schedule 17
Clauses 154 to 160

[Amendments marked * are new or have been altered]

After Clause 96

LORD THOMAS OF GRESFORD

244A

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 duty.””

Schedule 14

BARONESS BROWNING

245

Page 154, line 40, leave out “this paragraph” and insert “sub-paragraphs (2) to (5)”

246

Page 155, line 16, at end insert—

“(6) In consequence of the amendments made by sub-paragraphs (2) to (5)—

(a) in section 12(2) (complaints, matters and persons to which Part 2 applies), omit “, paragraph 2(4) of Schedule 3”;

(b) in section 29(1) (interpretation of Part 2), omit paragraph (b) of the definition of “recordable conduct matter”.”

247

Page 156, line 13, leave out “paragraph 7(6)(a)” and insert “paragraphs 7(6)(a) and 16(1)(a)”

248

Page 156, line 14, at end insert—

“(3) In section 22 (power of the Commission to issue guidance), in subsection (5)(c), omit sub-paragraph (ii) (and the word “and” at the end of sub-paragraph (i)).”.”

249

Page 156, line 34, leave out sub-paragraph (6) and insert—

“(6) For sub-paragraph (2) substitute—

“(2) The appropriate authority shall notify the complainant —

(a) that the appropriate authority has decided to handle the complaint as permitted by sub-paragraph (1) (in a case where the appropriate authority is not required to apply for permission under sub-paragraph (1A) to so handle the complaint); or

(b) about the making of the application under sub-paragraph (1A) (in a case where the appropriate authority makes such an application).”.”

250

Page 157, line 5, leave out “this paragraph” and insert “sub-paragraphs (2) to (4)”

251

Page 157, line 30, at end insert—

“(5) In paragraph 16(2)(a) of Schedule 3, for “10(4)(b)” substitute “10(4D)”.”

252

Page 157, line 34, leave out “this paragraph” and insert “sub-paragraphs (2) to (4)”

253

Page 158, line 21, at end insert—

“(5) In paragraph 16(2)(a) of Schedule 3, for “11(3)(b)” substitute “11(3E)”.”

254

Page 163, line 44, leave out sub-paragraph (9) and insert—

“(9) In sub-paragraph (9)—

(a) for “Commission” (in the first three places) substitute “relevant appeal body”;

(b) for “considers appropriate, the Commission shall” substitute “considers appropriate—

(a) sub-paragraph (9ZA) applies if the Commission is the relevant appeal body; or

(b) sub-paragraph (9ZB) applies if the chief officer of police is the relevant appeal body.

(9ZA) The Commission shall—”

(9A) Before sub-paragraph (9A) insert—

“(9ZB) The chief officer of police shall take such action as the chief officer thinks appropriate in relation to the bringing of disciplinary proceedings in respect of the matters dealt with in the report.

(9ZC) If disciplinary proceedings are brought by virtue of sub-paragraph (9ZB), it shall be the duty of the appropriate authority to ensure that they are proceeded with to a proper conclusion.”.”

255

Page 164, line 8, leave out “the”

BARONESS DOOCEY

256

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.”

Schedule 15

BARONESS BROWNING

256A

Page 165, line 26, leave out from beginning to end of line 3 on page 166 and insert—

“Chief officers of police Current chief officers to remain in post

1 (1) At the relevant commencement time a person who, immediately before that time, is in post as the existing chief officer of the police force for a police area becomes the new chief officer of that police force.

(2) Where a person has, prior to the relevant commencement time, accepted an appointment as the existing chief officer of the police force for a police area which is to come into effect at a time (the “effective time“) which falls at or after the relevant commencement time, that appointment is to take effect at the effective time as an appointment as the new chief officer of that police force.

(3) Sub-paragraph (2) is without prejudice to any right of the person appointed not to take up the appointment.

Transfer of rights and liabilities

2 At the relevant commencement time, all rights and liabilities which immediately before that time were rights and liabilities of the existing chief officer of the police force for a police area are to transfer to the new chief officer of that police force.

Relevant legislative provisions”

256B

Page 166, line 5, leave out “day” and insert “time”

256C

Page 166, line 6, after “apply” insert “after that time”

256D

Page 166, line 10, leave out “day” and insert “time”

256E

Page 166, line 11, after “apply” insert “after that time”

256F

Page 166, line 20, leave out from beginning to end of line 24

256G

Page 166, line 34, leave out from beginning to end of line 37 and insert—

“Interpretation

3A In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 3 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section 5 comes into force.

Part 1A Initial transfer from police authorities Transfer of property, rights and liabilities

3B (1) At the relevant commencement time, all property, rights and liabilities which immediately before that time were property, rights and liabilities of the existing police authority for a police area are to transfer to, and by virtue of this paragraph vest in, the new policing body for that police area.

(2) This paragraph does not apply to any rights or liabilities under a contract of employment (which are dealt with in paragraph 3C).

Transfer of staff

3C (1) Subject to sub-paragraphs (5) and (6), this paragraph applies to any person who immediately before the relevant commencement time is a member of the staff of the existing police authority for a police area (the “existing employer”).

(2) A contract of employment between a person to whom this paragraph applies and the existing employer is to have effect from the relevant commencement time as if originally made between that person and the new policing body for the police area in relation to which the existing employer was established (the “new employer”).

(3) Sub-paragraph (2) does not break the continuity of a person’s employment and accordingly such a person’s period of employment with the existing employer counts as a period of employment with the new employer for the purposes of the Employment Rights Act 1996

(4) Without prejudice to subsection (2)—

(a) all the existing employer’s rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies are by virtue of this paragraph transferred to the new employer at the relevant commencement time; and

(b) anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

(5) Sub-paragraphs (2) to (4) are without prejudice to any right of a member of staff to terminate the contract of employment if a substantial change is made to the person’s detriment in the person’s working conditions; but no such right arises by reason only of the change in employer effected by this paragraph.

(6) Where a person—

(a) has, prior to the relevant commencement time, entered into a contract of employment with an existing police authority which is to come into effect at or after that time; and

(b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

that person is to be treated as a person to whom this paragraph applies.

(7) A person who would (but for this sub-paragraph) be treated as being dismissed by the operation of this paragraph (whether by an enactment or otherwise) is to be treated as not being so dismissed.

(8) Sub-paragraph (7) does not apply to a person who, by virtue of sub-paragraph (5), does not become an employee of a new policing body.

(9) This paragraph is subject to paragraph 3D.

Police civilians

3D (1) The new policing body for a police area—

(a) is to have, for the purpose mentioned in sub-paragraph (2), relevant powers to arrange for the new chief officer of the police force for that area to discharge functions of that body; and

(b) must exercise those powers for the purpose mentioned in sub-paragraph (2).

(2) That purpose is securing that the police civilian members of staff of that new policing body are under the direction and control of that chief officer.

(3) Any arrangements made in compliance with section 15(2) of the Police Act 1996 between the existing police authority for a police area and the existing chief officer of the police force for that area which are in force immediately before the relevant time are to have effect at and after that time as if made under this paragraph between the new policing body for that area and the new chief officer of that police force.

(4) Sub-paragraph (2) applies to a person who—

(a) immediately before the relevant commencement time, is a police civilian member of the staff of an existing police authority, and

(b) at that time becomes a member of the staff of the new policing body for a police area by virtue of paragraph 3C.

(5) For as long as the person continues to be a member of the staff of that body, the person is to be—

(a) employed as a police civilian member of that staff, and

(b) under the direction and control of the new chief officer of the police for that area.

(6) Sub-paragraph (5) does not prevent the new policing body from making arrangements with the person for the person to cease to be a police civilian member of staff of that body (whether or not the person remains a member of the staff of that body).

(7) After the relevant commencement time, a new policing body may, for either of the purposes set out in sub-paragraph (8), make arrangements—

(a) with any member of the staff the body who is not a police civilian member of staff to become a police civilian member of that staff, or

(b) with a person who is not a member of that body’s staff to become a police civilian member of that staff.

(8) In relation to the new policing body for a police area those purposes are—

(a) replacing police civilian members of staff of the existing police authority for that area who did not become members of the staff of the new policing body in accordance with paragraph 3C;

(b) replacing police civilian members of staff of the new policing body who have ceased to be police civilian members of staff of that body otherwise than by virtue of a transfer scheme under Part 2 of this Schedule; or

(c) to supplement the police civilian members of staff of the new policing body.

(9) Sub-paragraphs (1) to (5) are subject to—

(a) any provision included in a collaboration agreement under section 22A of the Police Act 1996, and

(b) section 24(3A) of that Act (aid of one police force by another).

(10) In this paragraph—

(a) “relevant powers” means powers corresponding to those conferred by sections 101 and 107 of the Local Government Act 1972 on police authorities established under section 3 of the Police Act 1996;

(b) references to a police civilian member of staff of an existing police authority or a new policing body are references to a member of the staff of that authority or body who is employed solely to assist the police force maintained by that authority or body;

(c) the chief officers’ powers of direction and control referred to include powers of engagement and dismissal.

Seconded staff

3E In the case of a person who, immediately before the relevant commencement time, is seconded to the existing police authority for a police area, the secondment is to have effect, after that time, as a secondment to the new policing body for that police area.

Interpretation

3F In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 1 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section 4 comes into force.

Part 2 Subsequent transfer by new policing body Power to direct new policing body to make transfer scheme

4 (1) The Secretary of State may direct a new policing body—”

LORD HARRIS OF HARINGEY

257

Page 166, line 37, at end insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

257A

Page 167, line 3, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

258

Page 167, line 3, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

258A

Page 167, line 8, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

259

Page 167, line 8, at end insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

259A

Page 167, line 17, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

260

Page 167, line 17, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

260A

Page 167, line 18, leave out “authority” and insert “body”

LORD HARRIS OF HARINGEY

261

Page 167, line 18, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

261A

Page 167, line 21, leave out “authority” and insert “body”

LORD HARRIS OF HARINGEY

262

Page 167, line 21, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

262A

Page 167, line 23, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

263

Page 167, line 23, at end insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

263A

Page 167, line 23, at end insert—

“5A (1) The Secretary of State may direct a new policing body—

(a) to modify a transfer scheme made by that body, and

(b) to submit such a scheme to the Secretary of State for approval.

(2) Sub-paragraphs (2) to (5) of paragraph 4 apply to a direction under sub-paragraph (1) of this paragraph as they apply to a direction under sub-paragraph (1) of paragraph 4.

(3) In the application of paragraph 4(2) to (5) by virtue of sub-paragraph (2)—

(a) references to paragraph 4(1)(b) have effect as references to sub-paragraph (1)(b) of this paragraph;

(b) references to the making of a scheme have effect as references to the modification of a scheme;

(c) references to a scheme have effect as references to a scheme as modified.

(4) The Secretary of State may modify a transfer scheme made by a new policing body if—

(a) the authority does not comply with a direction given to it under sub-paragraph (1), or

(b) the Secretary of State decides not to approve the modified scheme submitted by the body.

(5) A scheme modified by the Secretary of State under sub-paragraph (4) is to be treated as if modified (and made) by the new policing body.

(6) A scheme modified in accordance with this paragraph is to be deemed for all purposes to have come into force with those modifications.”

263B

Page 167, line 25, leave out from “the” to “to” in line 26 and insert “new policing body”

LORD HARRIS OF HARINGEY

264

Page 167, line 26, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

264ZA

Page 167, line 27, leave out paragraph (a)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

264A

Page 167, line 27, leave out from beginning to end of line 48 on page 168 and insert “a member of police staff of the police force.

( ) The scheme may provide that a contract of employment, which the person had before becoming a member of the police force is to have effect as if originally made between that person and the police force.

7 A transfer scheme may provide that, in the case of a person who is seconded to the existing police authority, the secondment is to have effect as a secondment to the police staff of the police force.

8 (1) A transfer scheme may provide for the transfer to the police force of the rights, powers, duties and liabilities of the employer under or in connection with a contract of employment of a person who becomes a member of police staff of the police force.

(2) A transfer scheme may make provision—

(a) for periods before a person became a member of police staff of the police force to count as periods of employment within the police force;

(b) for periods before a person became a member of police staff of the police force, and the period after the person became a member of police staff of the police force, to count as a period of continuous service.

9 A transfer scheme may provide for a person who—

(a) is employed by the existing police authority under section 15 of the Police Act 1996; and

(b) would otherwise, by the operation of the scheme, become a member of police staff of the police force,

not to become such a member of staff if the person gives notice objecting to the operation of the scheme in respect of that person.”

BARONESS BROWNING

264B

Page 167, line 30, leave out sub-paragraph (2)

264C

Page 167, line 43, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

265

Page 167, line 43, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

265A

Page 167, line 45, leave out paragraph (a)

265B

Page 168, line 1, leave out “a member of staff of”

265C

Page 168, line 4, leave out sub-paragraph (1)

265D

Page 168, line 16, leave out sub-paragraph (4)

265E

Page 168, line 41, leave out from first “the” to “and” in line 42 and insert “new policing body,”

LORD HARRIS OF HARINGEY

266

Page 168, line 41, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

266A

Page 168, line 44, leave out sub-paragraph (i)

266B

Page 169, line 8, leave out from “the” to end of line 9 and insert “new policing body”

LORD HARRIS OF HARINGEY

267

Page 169, line 8, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

BARONESS BROWNING

267A

Page 169, line 12, after “rights” insert “or interests”

267B

Page 169, line 13, after “scheme” insert “or retained by the transferor under the scheme or create rights or liabilities as between the transferor and transferee under the scheme”

267C

Page 169, line 16, leave out sub-paragraphs (3) and (4)

267D

Page 169, line 24, leave out paragraph 11

267E

Page 169, line 33, at end insert—

“(3) A transfer scheme may confer functions on any person (including the Secretary of State).”

267F

Page 170, line 5, leave out from “person” to end of line 14 and insert “who—

(a) ceases to be a member of the staff of an existing police authority, and

(b) becomes a member of the staff of a new policing body.

(4) Section 1 of the Local Government and Housing Act 1989 (politically restricted posts) does not apply to the person for as long as the person—

(a) continues to be a member of the staff of the new policing body, and

(b) carries out duties which are the same, or substantially the same, as the duties the person carried out as a member of the staff of the existing police authority.”

267G

Page 170, line 18, at end insert—

“(1A) The replacement of an existing chief officer, the transfer or abolition of the functions of an existing chief officer, and the transfer of the rights and liabilities of an existing chief officer, do not affect anything done before the replacement, transfer or abolition.

(1B) The transfer of the property, rights and liabilities of a new policing body do not affect anything done before the transfer.”

267H

Page 170, line 20, leave out “an existing police authority” and insert “a person”

267J

Page 171, line 2, after first “to” insert “Part 1A of this Schedule and”

267K

Page 171, line 3, after “of” insert “Part 1A of this Schedule and”

267L

Page 171, line 4, leave out “of an existing police authority”

267M

Page 171, line 6, at end insert—

“Foreign property etc: perfection of vesting

15A (1) Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 (foreign property, rights and liabilities: perfection of vesting) apply in any case where a transfer by or under this Act provides for the transfer of foreign property, rights or liabilities.

(2) In the application of those provisions by virtue of sub-paragraph (1)—

(a) references to a transfer or pension instrument have effect as references to the transfer by or under this Act; and

(b) references to the transferor and the transferee are to be construed accordingly.

Transfers: supplementary provision

15B (1) All property, rights and liabilities to which a statutory transfer applies are to be transferred by that transfer, notwithstanding that they may be or include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred, or

(b) rights and liabilities under enactments.

(2) The property, rights and liabilities which may be transferred by a transfer scheme include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred, or

(b) rights and liabilities under enactments.

(3) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a statutory transfer or a transfer scheme (whether or not any consent required to the transfer has been obtained).

(4) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document, shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a statutory transfer or a transfer scheme.

(5) Sub-paragraphs (2) to (4) above have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land or other property, or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

(6) A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.

(7) Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to that person as a result of the apportionment or division.

(8) The provision that may be made by a transfer scheme includes provision for—

(a) any transfer of land or other property by virtue of the instrument,

(b) the grant or creation of any estate or interest in, or right over, any land or other property by virtue of the instrument, or

(c) the doing of any other thing in relation to land or other property by virtue of the instrument,

to be on such terms, including financial terms, as the person making the scheme thinks fit.

(9) The Secretary of State may by order confer on any body or person to whom property, rights or liabilities are transferred by a statutory transfer or transfer scheme any statutory functions which were previously exercisable in relation to that property, or those rights or liabilities, by the transferor.

(10) It shall be the duty—

(a) of existing police authorities, new policing bodies, existing chief officers, new chief officers and local authorities, and

(b) of the trustees or managers, or administrators, of any pension scheme,

to provide the Secretary of State with such information or assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any powers exercisable by the Secretary of State in relation to a statutory transfer or a transfer scheme.

(11) Where any person is entitled, in consequence of any transfer made by virtue of a statutory transfer or transfer scheme, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales—

(a) the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and

(b) section 64 of the Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

(12) In this paragraph—

“relevant document” means—

(a) any enactment, other than an enactment contained in this Act;

(b) any subordinate legislation made otherwise than under this Act; or

(c) any deed or other instrument;

“statutory transfer” means a transfer under Part 1 or 1A of this Schedule;

“transfer scheme” means a transfer scheme under Part 2.”

267N

Page 171, line 10, leave out “the abolition of the existing police authorities” and insert “Part 1 of this Act (including provision that supplements or varies the provision made by this Schedule).

(2) An order under this paragraph may, in particular—

(a) amend, or otherwise modify, any enactment;

(b) make any provision that may be made by a transfer scheme under Part 2 of this Schedule (whether the provision in the order relates to that Part or Part 1A of this Schedule);

(c) provide for the new policing body for a police area to make any payment which—

(i) before a day specified in the order could have been made out of the police fund of the existing police authority for that area, but

(ii) is not a liability which is transferred to the new policing body by virtue of Part 1A of this Schedule;

(d) provide for a new chief officer or a local authority to which property, rights or liabilities of a new policing body are, or are to be, transferred by virtue of a transfer scheme under Part 1A of this Schedule to make any payment which—

(i) before a day specified in the order could have been made out of the police fund of that new policing body, but

(ii) is not a liability which could be transferred by virtue of such a transfer scheme;

(e) make provision in relation to the accounts and audit of—

(i) existing police authorities, and

(ii) new policing bodies.

(3) Provision of the kind referred to in sub-paragraph (2)(e) may, in particular—

(a) amend, or otherwise modify, any enactment relating to the accounts and audit of public bodies in its application to—

(i) an existing police authority and the financial year in which that authority is abolished, or

(ii) a new policing body and the financial year in which that body is established;

(b) provide for the Secretary of State to give directions as to action to be taken in relation to the accounts and audit of—

(i) an existing police authority in relation to the financial year in which that authority is abolished, or

(ii) a new policing body in relation to the financial year in which that body is established;

(c) provide for a person who, in acting in accordance with such a direction, fails to comply with a code of practice or other document relating to proper accounting practice to be taken not to have so failed to comply.”

267P

Page 171, line 14, leave out from beginning to end of line 20 and insert—

““existing chief officer” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable of the police force for that area before the coming into force of section 3 of this Act in relation to that area;

(b) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis immediately before the coming into force of section 5;”

267Q

Page 171, line 30, at end insert—

““new chief officer” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable established for that police area under section 3 of this Act;

(b) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis established under section 5;”

Schedule 16

LORD HARRIS OF HARINGEY

268

Page 174, line 12, leave out paragraph 15 and insert—

“15 Omit section 10(2).

15A Omit sections 11 to 12A.”

269

Page 174, line 13, leave out paragraph 16 and insert—

“16 Omit section 14.

16A (1) In section 15(1) to (4), for each instance of “police authority” substitute “local policing body”.

(2) In section 15(5), for “Metropolitan Police Authority” substitute “the Mayor’s Office for Policing and Crime”.

16B Omit sections 16 and 17.”

BARONESS BROWNING

270

Page 176, line 33, leave out paragraph 30

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

LORD STEVENSON OF BALMACARA

271

Page 184, line 5, at end insert—

“90A In section 54(3)(a), after “force,” insert “including the British Transport Police Force,”.”

272

Page 184, line 24, at end insert—

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

BARONESS BROWNING

273

Page 191, line 2, leave out paragraph 134

LORD HARRIS OF HARINGEY

274

Page 197, line 21, leave out “, 2 or 4”

275

Page 197, line 23, leave out sub-paragraph (3)

276

Page 197, line 25, leave out sub-paragraph (4)

277

Page 197, leave out lines 35 and 36

278

Page 197, line 39, leave out sub-paragraph (6)

279

Page 198, leave out lines 8 to 12 and insert—

“(1C) In agreeing or disagreeing the report an elected local policing body must consult the audit committee of the relevant police and crime panel and have regard to its views.”

280

Page 198, line 16, leave out “, or the chief officer of police,”

281

Page 198, line 18, leave out “or chief officer”

282

Page 198, line 20, leave out “or chief officer”

283

Page 198, line 22, leave out “or chief officer”

284

Page 198, line 29, at end insert—

“( ) the audit committee of the relevant police and crime panel;”

285

Page 198, leave out lines 34 to 41

286

Page 198, line 43, leave out “or a chief officer of police”

287

Page 198, line 44, leave out “, (1C)”

288

Page 198, line 45, leave out “, (1C)”

289

Page 199, line 2, leave out “(1C)”

290

Page 199, leave out lines 10 to 13

BARONESS BROWNING

291

Page 200, line 7, after “Act),” insert “by a member of the civilian staff of a police force (within the meaning of that Part of that Act), by a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act),”

292

Page 200, line 23, leave out “Mayor’s Office for Policing and Crime” and insert “metropolitan police force”

293

Page 200, line 34, after “body” insert “, except for a deputy police and crime commissioner”

LORD HARRIS OF HARINGEY

294

Page 203, line 35, leave out “or to a chief officer of police”

295

Page 204, line 4, leave out paragraph (b)

BARONESS BROWNING

296

Page 208, line 26, leave out from “for” to end of line 27 and insert ““person employed by a police authority” substitute “relevant employee”;”

297

Page 211, line 15, leave out sub-paragraphs (i) and (ii) and insert—

“(i) in paragraph (a)(i), for “a senior officer, the police authority” substitute “the chief officer or a person exercising or performing functions of the chief officer in accordance with section 42 of the Police Reform and Social Responsibility Act 2011, the local policing body”;

(ii) in paragraph (a)(ii), for “a senior officer” substitute “the chief officer or a person so exercising or performing functions of the chief officer”;

(iii) in paragraph (b)(i), for “a senior officer, the police authority” substitute “the chief officer or a person exercising or performing functions of the chief officer in accordance with section 42 of the Police Reform and Social Responsibility Act 2011, the local policing body”;

(iv) in paragraph (b)(ii), for “a senior officer” substitute “the chief officer or a person so exercising or performing functions of the chief officer”;”

298

Page 213, line 39, leave out from “sub-paragraph” to end of line 41 and insert “(6)(a)—

(i) for “police authority” substitute “local policing body”;

(ii) for “the authority” substitute “the body”;

(c) in sub-paragraph (6)(c), for “police authority” substitute “local policing body”;

(d) in sub-paragraph (6), in the words after sub-paragraph (c), for “the authority” substitute “the body”.”

299

Page 214, line 3, leave out ““that authority” substitute “that” and insert ““the authority” substitute “the”

300

Page 214, line 10, leave out ““the authority” substitute “the” and insert ““that authority” substitute “that”

301

Page 214, line 16, leave out ““the authority” substitute “the” and insert ““that authority” substitute “that”

302

Page 224, line 24, leave out from “Part 1,” to “, substitute” in line 25 and insert “under the heading “Police”, for “The Metropolitan” to “section 3 of that Act”

Clause 104

BARONESS BROWNING

303

Page 65, line 28, at end insert—

“and to the person (if any) appointed as the deputy police and crime commissioner under section 19.”

Clause 105

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

LORD STEVENSON OF BALMACARA

304

Page 66, line 18, at end insert—

“( ) 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,”

Clause 111

LORD CLEMENT-JONES

304A

Leave out Clause 111

Clause 112

LORD CLEMENT-JONES

304B

Leave out Clause 112

Clause 113

LORD CLEMENT-JONES

304C

Leave out Clause 113

Clause 114

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

LORD STEVENSON OF BALMACARA

305

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

Clause 121

LORD CLEMENT-JONES

305ZA

Page 82, line 1, leave out “may” and insert “shall”

Clause 123

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

305ZB

Page 85, line 17, at end insert “, and

( ) the costs of social services and trading standards when discharging their functions as responsible authorities under this Act”

After Clause 126

LORD BILSTON

LORD EVANS OF PARKSIDE

LORD FOULKES OF CUMNOCK

BARONESS FARRINGTON OF RIBBLETON

305A

Insert the following new Clause—

“Limits on temporary event notices

In section 107(4) of the Licensing Act 2003 (counter notice where permitted limits exceed) for “12” substitute “15”.”

Clause 127

LORD CLEMENT-JONES

305B

Page 88, line 13, after “in” insert “the whole or part of”

305C

Page 88, line 21, leave out subsection (4)

Clause 133

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

LORD STEVENSON OF BALMACARA

306

Page 91, line 36, after “body,” insert “including the British Transport Police Authority where appropriate,”

BARONESS HAMWEE

LORD SHIPLEY

306ZZA

Page 91, line 41, leave out “70” and insert “50”

Clause 137

LORD CLEMENT-JONES

306ZA

Page 94, line 20, leave out “may” and insert “shall”

306ZB

Page 94, line 22, leave out “, if a licensing authority so decides,”

After Clause 142

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF SUTTON MANDEVILLE

LORD BROOKE OF ALVERTHORPE

LORD PALMER OF CHILDS HILL

306ZC

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph 24 insert—

“24A Alcohol monitoring requirement

(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 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 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.””

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF SUTTON MANDEVILLE

LORD BROOKE OF ALVERTHORPE

306ZD

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.””

After Clause 146

LORD MARLESFORD

306A

Insert the following new Clause—

“Parliament Square committee

(1) Within six months of the passing of this Act, the Secretary of State shall by regulations establish a committee with responsibility for managing the controlled area of Parliament Square.

(2) The committee’s members shall be representatives of—

(a) all of the bodies which own or have responsibility for the controlled area of Parliament Square, and

(b) the metropolitan police force.

(3) The committee shall co-ordinate the work of its members in order to ensure that the controlled area of Parliament Square is kept clear of litter, detritus or other debris.

(4) The Committee shall report annually to both Houses of Parliament.”

Clause 147

LORD MARLESFORD

306B

Leave out Clause 147 and insert the following new Clause—

“Demonstrations in Parliament Square

(1) The committee established under section (Parliament Square committee) shall co-operate with any relevant bodies to facilitate lawful, authorised demonstrations in the controlled area of Parliament Square.

(2) The committee shall have the power to authorise the removal of any—

(a) tent erected in the controlled area of Parliament Square,

(b) other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating the sleeping or staying in a place for any period erected in the controlled area of Parliament Square,

(c) sleeping equipment placed in the controlled area of Parliament Square for the purpose of sleeping overnight in that area, or

(d) litter, detritus or other debris.

(3) The committee shall ensure that between midnight and 6am every night any items listed in subsection (2) are removed.”

Clause 148

BARONESS HAMWEE

LORD SHIPLEY

306C

Page 100, line 1, leave out subsection (2) and insert—

“(2) But an order under subsection (1)(b) may not prohibit a person from entering the controlled area of Parliament Square nor restrict a person’s right lawfully to demonstrate there.”

After Clause 151

LORD DUBS

307

Insert the following new Clause—

“Guidance issued under this Part

(1) The Secretary of State shall issue guidance on—

(a) prohibited activities under section 145;

(b) directions under section 145(1);

(c) seizure and retention of property under section 147;

(d) authorisations for the operation of amplified noise equipment under section 149.

(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 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 section 145(1) may be made;

(b) the form of any direction given under section 145(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 the circumstances in which the powers under section 147(1) shall be exercised, in particular—

(a) the identification and notification of the owner of any relevant prohibited item; and

(b) the use of force by constables under section 147(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 processing 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 force;

(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 and is subject to annulment in pursuance of a resolution of either House of Parliament.”

Clause 152

BARONESS BROWNING

307ZA

Page 101, line 32, at end insert—

“(A1) In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make regulations), after subsection (1) insert—

“(1A) Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.””

Clause 153

BARONESS MEACHER

LORD MAPLES

307ZB

Page 102, line 6, after “for” insert “permanent or”

307ZC

Page 102, line 6, at end insert “Intoxicating Substances (Supply) Act 1985, medicines acts, consumer protection legislation, advertising standards, or the”

Before Schedule 17

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF SUTTON MANDEVILLE

LORD BROOKE OF ALVERTHORPE

LORD PALMER OF CHILDS HILL

307A

Insert the following new 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 equipment).”

4 In section 185(1) (intermittent custody: licence conditions) 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(1) (duty to give warning) 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—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may 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(1) (duty to give warning) 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—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may 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).””

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD PALMER OF CHILDS HILL

LORD BROOKE OF SUTTON MANDEVILLE

307B

Insert the following new 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 (imposing 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—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may 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”.”

Schedule 17

BARONESS BROWNING

307C

Page 225, line 41, after “(6)” insert “—

(a) is subject to subsection (10), and

(b) ”

307D

Page 226, leave out lines 1 to 3 and insert—

“(10) An order under this section—

(a) must be laid before Parliament after being made, and

(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless before the end of that period the order is approved by a resolution of each House of Parliament.

(11) In calculating that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(12) Subsection (10)(b)—

(a) is without prejudice to anything previously done or to the power of the Secretary of State to make a new order under this section;

(b) does not apply to an order that only revokes a previous order under this section.”

BARONESS MEACHER

LORD MAPLES

307E

Page 230, line 18, at end insert—

“The Intoxicating Substances (Supply) Act 1985, medicines acts, consumer protection legislation and advertising standards are amended to make provision for the regulatory control of drugs subject to permanent or temporary control orders.”

Clause 154

LORD RAMSBOTHAM

308

Leave out Clause 154

Clause 155

LORD MACDONALD OF RIVER GLAVEN

LORD THOMAS OF GRESFORD

BARONESS TONGE

308A

Page 102, line 20, at end insert—

“(4AA) The Director of Public Prosecutions shall give 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), 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.”

Clause 156

BARONESS BROWNING

309

Page 103, line 38, leave out “32(1)” and insert “32(1)(a) or 36”

309ZA

Page 103, line 40, at end insert—

“(d) an order under paragraph 16 of Schedule 15 which contains provision amending an Act (whether or not it also contains other provision).”

Clause 158

BARONESS BROWNING

309ZB

Page 104, line 14, leave out “and” and insert “to”

309ZC

Page 104, line 14, leave out “(4)” and insert “(5)”

309ZD

Page 104, line 22, at end insert—

“(3A) Section 100 and Schedule 15 apply to England and Wales and Scotland.”

309ZE

Page 104, line 25, at end insert—

“(5) Subsection (4) does not apply to the amendment made to section 2 of the Parks Regulation (Amendment) Act 1926 by section 152(A1) above (which accordingly extends to England and Wales only).”

Clause 159

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

309A

Page 104, line 29, after “subsections” insert “(2A),”

BARONESS DOOCEY

309AA

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

309B

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 has conducted an inquiry into, and published a report on, the impact of the expected introduction of police and crime commissioners 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.”

BARONESS DOOCEY

310

Retabled as Amendment 309AA

After Clause 159

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

311

Insert the following new Clause—

“Expiration of and report on Chapters 1 to 6 of Part 1

(1) Except so far as otherwise provided under this section, Chapters 1 to 6 of Part 1 expire at the end of the period of 4 years beginning with the day on which section 1 of that Part comes into force.

(2) Before the expiry of Chapters 1 to 6 of Part 1, the Secretary of State must—

(a) organise an independent review of the policing governance arrangements introduced by those Chapters.

(b) publish a report on the policing governance arrangements introduced by those Chapters, and

(c) lay a copy of the report in Parliament.

(3) The report required under subsection (2) must, in particular—

(a) set out the objectives intended to be achieved by the policing governance arrangements in Chapters 1 to 6 of Part 1;

(b) assess the extent to which those objectives have been achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with different arrangements.

(4) The Secretary of State may, by order, revive Chapters 1 to 6 of Part 1 if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

(5) An order made by the Minister under this section is to be made by statutory instrument.

(6) A draft order laid before Parliament under subsection (4) must be accompanied by a copy of the report required under subsection (2).”

Prepared 14th July 2011