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

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Mr James Paice
Mr Nick Hawkins

108

Clause     82,     page     76,     line     34,     leave out 'so as to include in it a' and insert 'to take account within the'.


   

Mr John Denham

241

Schedule     7,     page     143,     line     6,     after '35' insert 'or (Police powers for contracted-out staff)'

   

Mr John Denham

242

Schedule     7,     page     143,     line     17,     leave out 'or accredited under section 35 or' and insert 'under section 35 or (Police powers for contracted-out staff) or accredited under section'

   

Mr John Denham

243

Schedule     7,     page     143,     line     25,     after 'paragraph' insert '17B,'.

   

Mr John Denham

244

Schedule     7,     page     143,     line     30,     after '35' insert 'or (Police powers for contracted-out staff)'.


   

Mr John Denham

245

Schedule     8,     page     147,     line     36,     at end insert—

'Criminal Justice and Public Order Act 1994 (c.33)Section 54(5).'
   

Mr John Denham

246

Schedule     8,     page     148,     line     43,     column 2, at end insert—

'Section 80(2).'


REMAINING NEW CLAUSES

Riot damages

   

Norman Baker
Annette Brooke

NC2

To move the following Clause:—

       'The Riot (Damages) Act 1886 (s. 38) shall cease to have effect.'.


Police pensions

   

Norman Baker
Annette Brooke

NC5

To move the following Clause:—

    '.—(1)   The Police Pensions Act 1976 shall cease to have effect from 31st March 2005.

    (2)   By 31st March 2003, the Secretary of State shall bring forward proposals for debate in both Houses of Parliament for the introduction, by 31st March 2005, of new pension arrangements for police officers, including arrangements to—

(a) ensure that the full and ongoing costs of new arrangements are met from a pension fund established from the Consolidated Fund; and

(b) ensure funding of pension payments shall be made by each police authority for whom the officer has worked in proportion to the length of service with each respective authority.'.


Special constables

   

Norman Baker
Annette Brooke

NC6

To move the following Clause:—

    '.—(1)   The chief officer of police of a police force maintained for a police area who appoints special constables in accordance with section 27 of the Police Act 1996 shall submit to the police authority for that area a draft scheme relating to the appointment, deployment and progression of such special constables.

    (2)   A draft scheme submitted under this section shall include the chief officer's proposals for—

(a) the recruitment, appointment, retention and progression of special constables;

(b) the arrangements for the provision of training for special constables;

(c) the arrangements for the provision of equipment for special constables;

(d) the arrangements for the making of bounty payments to such special constables and the circumstances in which special constables shall be eligible for such payments; and

(e) an estimate of the costs to the police fund kept by the police authority of the scheme as a whole and each of the elements (a) to (d) above.

    (3)   Before approving any such scheme, the police authority may, after consulting the chief officer, revise or amend it.

    (4)   The chief officer may from time to time submit draft proposals for a revised or modified scheme to the police authority for its approval.'.


Bounty payments to special constables

   

Norman Baker
Annette Brooke

NC7

To move the following Clause:—

    '.—(1)   Special constables appointed by a chief officer of a police force in accordance with section 27 of the Police Act 1996 shall receive an annual cash bounty based on the number of hours operationally deployed as a special constable.

    (2)   Police authorities shall be responsible for the arrangements for making bounty payments to special constables.

    (3)   Payments to special constables shall be calculated and made by the police authority which is responsible for the special constable.

    (4)   Payment shall be at the end of the each financial year.'.


Conditions on payment of Police Grant

   

Mr James Paice
Mr Nick Hawkins

NC8

To move the following Clause:—

       'In section 46 of the 1996 Act (Police grant), after subsection (2) there shall be inserted—

          "(2A)   Nothing in this section shall permit the Secretary of State to make the payment of grant conditional on chief officers of police of any police force making designations under section 35 of the Police Reform Act 2002 or establishing community safety accreditation schemes under section 36 of the Police Reform Act 2002.".'.


Duty to provide information for certain persons other than complainant
   

Mr John Denham

NC11

To move the following Clause:—

    '(1)   A person has an interest in being kept properly informed about the handling of a complaint or recordable conduct matter if—

(a) it appears to the Commission or to an appropriate authority that he is a person falling within subsection (2); and

(b) that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.

    (2)   A person falls within this subsection if—

(a) he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;

(b) he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint;

(c) he himself has suffered serious injury as the alleged result of that conduct.

    (3)   A person who does not fall within subsection (2) has an interest in being kept properly informed about the handling of a complaint or recordable conduct matter if—

(a) the Commission or an appropriate authority considers that he has an interest in the handling of the complaint or recordable conduct matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and

(b) he has indicated that he consents to the provision of information to him in accordance with this section.

    (4)   In relation to a complaint, this section confers no rights on the complainant.

    (5)   A person who has an interest in being kept properly informed about the handling of a complaint or conduct matter is referred to in this section as an "interested person".

    (6)   In any case in which there is an investigation of the complaint or recordable conduct matter in accordance with the provisions of Schedule 3—

(a) by the Commission, or

(b) under its management,

    it shall be the duty of the Commission to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

    (7)   In any case in which there is an investigation of the complaint or recordable conduct matter in accordance with the provisions of Schedule 3—

(a) by the appropriate authority on its own behalf, or

(b) under the supervision of the Commission,

    it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

    (8)   Where subsection (7) applies, it shall be the duty of the Commission to give the appropriate authority all such directions as it considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

    (9)   The matters of which the interested person must be kept properly informed are—

(a) the progress of the investigation;

(b) any provisional findings of the person carrying out the investigation;

(c) whether any report has been submitted under paragraph 23 of Schedule 3;

(d) the action (if any) that is taken in respect of the matters dealt with in any such report; and

(e) the outcome of any such action.

    (10)   The duties imposed by this section on the Commission and the appropriate authority in relation to any complaint or recordable conduct matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

    (11)   Subsections (6) to (9) of section 19 apply for the purposes of this section as they apply for the purposes of that section.

    (12)   In this section "relative" means a person of a description prescribed in regulations made by the Secretary of State.'.


Persons authorised to take intimate samples from persons in police detention
   

Mr John Denham

NC12

To move the following Clause:—

    '(1)   For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—

          "(9)   In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.

          (9A)   In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—

      (a) a registered medical practitioner; or

(b) a registered health care professional."

    (2)   In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of "registered dentist" there shall be inserted—

      "'registered health care professional' means a person (other than a medical practitioner) who is—

      (a) a registered nurse; or

(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;".

    (3)   After that subsection, there shall be inserted—

          "(1A)   A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.

          (1B)   An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament."'.

 
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