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

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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.'.


Sex offender orders

   

Mr John Denham

NC17

To move the following Clause:—

    '(1)   Section 2 of the Crime and Disorder Act 1998 (c.37) (sex offender orders) shall be amended as follows.

    (2)   In subsection (1) (application for a sex offender order)—

      (a) for "in his police area" there shall be substituted "who he believes is in, or is intending to come to, his police area";

      (b) for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

    (3)   In subsection (2) (which identifies the court to which an application must be made)—

      (a) for "the magistrates' court" there shall be substituted "—

          (a) any magistrates' court";

          (b) at the end there shall be inserted "; or
          (b) any magistrates' court whose commission area includes any part of the applicant's police area."

    (4)   In subsection (4) (the prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".

    (5)   In subsection (6) (variation or discharge of the order)—

      (a) after "the applicant" there shall be inserted ", any other relevant chief officer of police";

      (b) for "the court which made a sex offender order for it" there shall be substituted "the appropriate court for the sex offender order".

    (6)   After that subsection there shall be inserted—

          "(6A)   In subsection (6) above—

      'the appropriate court' means—

          (a) the court which made the sex offender order; or

          (b) any magistrates' court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;

      'relevant chief officer of police' means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area."
    (7)   In subsection (7) (discharge of orders), after "parties" there shall be inserted "and subject to subsection (7A) below".

    (8)   After that subsection there shall be inserted—

          "(7A)   Where any magistrates' court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one."

    (9)   In subsection (8) (offence for breach of order), for "shall be" there shall be substituted "is guilty of an offence and".

    (10)   Subsections (4) to (6) apply in relation to applications and orders under section 2 of the Crime and Disorder Act 1998 (c.37), whether made before or after the coming into force of this section."'.


Interim orders: sex offenders
   

Mr John Denham

NC18

To move the following Clause:—

    '(1)   After section 2 of the Crime and Disorder Act 1998 (c.37) there shall be inserted—

          "2A    Interim orders: sex offenders

          (1)   This section applies where an application for a sex offender order ("the main application") to a magistrates' court has not been determined.

          (2)   The applicant may apply by complaint to the court for an interim order, pending the determination of the main application.

          (3)   The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.

          (4)   An interim order—

          (a) shall have effect for the period specified in the order;

          (b) shall (if still in force) cease to have effect on the determination of the main application.

          (5)   While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c.51) shall have effect as if—

          (a) the defendant were subject to the notification requirements of that Part; and

          (b) in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.

          (6)   The applicant or the defendant may apply by complaint to the court which made the interim order for it to be varied or discharged by a further order.

          (7)   If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.

          (8)   A person guilty of an offence under subsection (7) above shall be liable—

          (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

          (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

          (9)   Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) in respect of the offence."

    (2)   In section 4(1) of that Act (appeals), for "or sex offender order" there shall be substituted ", a sex offender order or an order under section 2A above".'.


Sex offender orders made in Scotland or Northern Ireland
   

Mr John Denham

NC19

To move the following Clause:—

    'After section 2A of the Crime and Disorder Act 1998 (c.37) (which is inserted by section (Interim orders: sex offenders) above) there shall be inserted—

          "2B     Sex offender orders made in Scotland or Northern Ireland

          (1)   If without reasonable excuse a person does anything in England and Wales which he is prohibited from doing there by—

          (a) an order under section 20(4) below; or

          (b) an order under Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),

        he is guilty of an offence.

          (2)   A person who is guilty of an offence under subsection (1) above shall be liable—

          (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

          (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

          (3)   Where a person is convicted of an offence under subsection (1) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) in respect of the offence."'.


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.'.

 
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Prepared 25 Jun 2002