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

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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

262

Schedule     8,     page     148,     line     4,     at end insert—

'Employment Rights Act 1996 (c.18)In section 200(1), the words "Part IVA," and "47B".'
   

Mr John Denham

263

Schedule     8,     page     148,     line     15,     at end insert—

'Public Interest Disclosure Act 1998 (c.23)Section 13.'
   

Mr John Denham

264

Schedule     8,     page     148,     line     16,     column 2, leave out '7' and insert '4'.

   

Mr John Denham

265

Schedule     8,     page     148,     line     39,     column 2, leave out '51' and insert '151'.

   

Mr John Denham

246

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

'Section 80(2).'


   

Mr John Denham

259

Clause     92,     page     86,     line     25,     leave out 'sections 84,' and insert '—

      (a) section 84, the entries in Schedule 8 relating to the Housing Act 1985 (c.68), the Housing Act 1988 (c.50), paragraphs 51 and 59 of Schedule 27 to the Greater London Authority Act 1999 (c.29) and paragraph 74 of Schedule 6 to the Criminal Justice and Police Act 2001 (c.16) and section 91(2) (so far as relating to those entries); and

      (b) sections'.


REMAINING NEW CLAUSES

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that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.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."'.


Application of the Police (Property) Act 1897 to NCS
   

Mr John Denham

NC13

To move the following Clause:—

    '(1)   After section 2 of the Police (Property) Act 1897 (c.30) there shall be inserted—

      "2A    Application to NCS
          (1)   This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.

          (2)   In relation to property that has come into the possession of the National Crime Squad—

          (a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and

          (b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad.

          (3)   The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—

          (a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and

          (b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad."'.

    (2)   In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—

          "(2B)   The relevant authority for the purposes of subsection (2A) is the police authority."'.


Protected disclosures by police officers

   

Mr John Denham

NC16

To move the following Clause:—

    '(1)   After section 43K of the Employment Rights Act 1996 (c.18), there shall be inserted—

      "43KA    Application of this Part and related provisions to police

          (1)   For the purposes of—

          (a) this Part,

          (b) section 47B and sections 48 and 49 so far as relating to that section, and

          (c) section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A,

        a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being 'employed' and to his 'employer' shall be construed accordingly.

          (2)   In this section 'the relevant officer' means—

          (a) in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police;

          (b) in relation to a person appointed as a police member of the NCIS, the Director General of NCIS;

          (c) in relation to a person appointed as a police member of the NCS, the Director General of NCS;

          (d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question."

          (2)   In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—

          (a) the words ", Part IVA" and ", 47B" shall be omitted;

          (b) after "sections 100" there shall be inserted ", 103A"; and

          (c) after "section 100" there shall be inserted "or 103A".

          (3)   Section 13 of the Public Interest Disclosure Act 1998 (c.23) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.'.

 
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