Amendments proposed to the Police Reform Bill [Lords] - continued House of Commons

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Norman Baker
Annette Brooke

41

Clause     38,     page     38,     line     8,     leave out 'or employer'.

   

Mr John Denham

222

Clause     38,     page     38,     line     10,     leave out 'an employee' and insert 'employees'.

   

Mr John Denham

223

Clause     38,     page     38,     line     11,     leave out 'member' and insert 'employee'.

   

Mr John Denham

224

Clause     38,     page     38,     line     14,     at end insert—

    '(8)   For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section (Police powers for contracted-out staff)), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.

    (9)   For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 37 shall be taken to be conduct in the course of his employment by that employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.'.


   

Mr John Denham

225

Clause     42,     page     39,     line     40,     after '35' insert 'or (Police powers for contracted-out staff)'

   

Mr John Denham

226

Clause     42,     page     39,     line     40,     at end insert ';

"Director General" means—

(a) the Director General of the National Criminal Intelligence Service; or

(b) the Director General of the National Crime Squad;

"Service Authority" means—

(a) in relation to employment with the National Criminal Intelligence Service or to its Director General, the Service Authority for the National Criminal Intelligence Service; and

(b) in relation to employment with the National Crime Squad or to its Director General, the Service Authority for the National Crime Squad.'.


NEW CLAUSES RELATING TO CHAPTER 1 OF PART 4

Police powers for contracted-out staff
   

Mr John Denham
   


NC9

To move the following Clause:—

    '(1)   This section applies if a police authority has entered into a contract with a person ("the contractor") for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.

    (2)   The chief officer of police of the police force maintained by that police authority may designate any person who is an employee of the contractor as either or both of the following—

(a) a detention officer; or

(b) an escort officer.

    (3)   A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.

    (4)   A chief officer of police shall not designate a person under this section unless he is satisfied that that person—

(a) is a suitable person to carry out the functions for the purposes of which he is designated;

(b) is capable of effectively carrying out those functions; and

(c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation.

    (5)   A chief officer of police shall not designate a person under this section unless he is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated.

    (6)   A designation under this section shall confer powers and impose duties on the designated person by means only of provisions specifying the provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—

(a) in the case of a person designated as a detention officer, Part 3; and

(b) in the case of a person designated as an escort officer, Part 4.

    (7)   An employee of the contractor authorised or required to do anything by virtue of a designation under this section—

(a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and

(b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.

    (8)   Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.

    (9)   The Secretary of State may by regulations make provision for the handling of complaints relating to, or other instances of misconduct involving, the carrying out by any person designated under this section of the functions for the purposes of which any power or duty is conferred or imposed by his designation.

    (10)   Regulations under subsection (9) may, in particular, provide that any provision made by Part 2 of this Act with respect to complaints against persons serving with the police is to apply, with such modifications as may be prescribed by them, with respect to complaints against persons designated under this section.

    (11)   Before making regulations under this section, the Secretary of State shall consult with—

(a) persons whom he considers to represent the interests of police authorities;

(b) persons whom he considers to represent the interests of chief officers of police;

(c) the Independent Police Complaints Commission; and

(d) such other persons as he thinks fit

    (12)   A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.

    (13)   A designation under this section shall cease to have effect—

(a) if the designated person ceases to be an employee of the contractor; or

(b) if the contract between the police authority and the contractor is terminated or expires.'.


Railway safety accreditation scheme
   

Mr John Denham

NC10

To move the following Clause:—

    '(1)   The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police to establish and maintain a scheme ("a railway safety accreditation scheme").

    (2)   A railway safety accreditation scheme is a scheme for the exercise in, on or in the vicinity of policed premises in England and Wales, by persons accredited by the chief constable of the British Transport Police under the scheme, of the powers conferred on those persons by their accreditation under that scheme.

    (3)   The regulations may make provision—

(a) as to the purposes for which a railway safety accreditation scheme may be established;

(b) as to the procedure to be followed in the establishment of such a scheme; and

(c) as to matters for which such a scheme must contain provision.

    (4)   The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.

    (5)   The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.

    (6)   Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.

    (7)   The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—

(a) an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);

(b) an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).

    (8)   In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.

    (9)   Before making regulations under this section the Secretary of State shall consult with—

(a) persons whom he considers to represent the interests of chief officers of police;

(b) the chief constable of the British Transport Police;

(c) persons whom he considers to represent the interests of police authorities;

(d) the British Transport Police Committee;

(e) persons whom he considers to represent the interests of local authorities; and

(f) such other persons as he thinks fit.

    (10)   In this section—

"British Transport Police" means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); "local authorities" means district councils, London borough councils, county councils in Wales, county borough councils and the Common Council of the City of London; and"policed premises" has the meaning given by section 53(3) of the British Transport Commission Act 1949 (c. xxix).'.

 
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Prepared 11 Jun 2002