Police Reform and Social Responsibility Bill

Page 1, line 6, leave out subsection (1)

Page 1, line 6, at beginning insert “Subject to section (Pilot schemes),”

Page 1, line 6, at beginning insert “Subject to section (Pilot schemes (No. 2)),”

Page 1, line 6, at beginning insert “Subject to section 158(2A),”

Page 1, line 6, at beginning insert “Subject to sections (Pilot schemes (No. 3)) and 158(2B),”

Page 1, line 6, at beginning insert “Subject to section (Referendums on police and crime commissioners),”

Page 1, line 6, leave out “commissioner” and insert “guardian”

Page 1, line 6, after “commissioner” insert “and an elected police authority”

Page 1, line 7, after “London)” insert “, excepting the police authorities of North Wales, Dyfed-Powys, South Wales and Gwent”

Page 1, line 8, leave out subsection (2)

Page 1, line 8, leave out “is a corporation sole” and insert “shall be the person elected for the time being by the police authority for a police area to chair the authority”

Page 1, line 9, leave out subsection (3)

Page 1, line 11, leave out subsection (4)

Page 1, line 13, after “has” insert “, subject to section (Shadow operation)”

Page 2, line 4, at end insert—

“( ) In exercising the functions conferred under subsection (5), the police and crime commissioner for a police area must co-operate with the relevant chief officer and relevant police and crime panel for that area.”

Page 2, line 4, at end insert—

“( ) The police and crime commissioner for a police area does not have direction and control of the police force for that area.”

Page 2, line 5, at end insert “, in conjunction with the chief constable”

Page 2, line 7, at end insert “, and

( ) secure the reduction of crime within that area”

Page 2, line 19, leave out paragraph (c)

Page 2, line 30, at end insert—

“(h) the exercise of duties imposed on the chief constable by any other enactment, including but not limited to the Human Rights Act 1998 and the Children Act 2004.”

Page 2, line 30, at end insert—

“( ) The police and crime commissioners must not exercise their functions in a way that undermines the operational independence of the chief constable in their police areas and, in particular, must not take any action, make any request or otherwise encourage any action that is inconsistent with the declaration that a chief constable makes under oath in accordance with Schedule 4 to the Police Act 1996 (form of declaration).”

Page 2, line 30, at end insert—

“( ) The police and crime commissioners must exercise their functions under this Part in accordance with the memorandum of understanding issued by the Secretary of State under section (Memorandum of understanding: operational independence).”

Page 2, line 30, at end insert—

“( ) The police and crime commissioner must make arrangements—

(a) to hold meetings with the public in the relevant police area regularly, and not less than four times per year;

(b) to ensure that such meetings include meetings with—

(i) victims of crime;

(ii) people who are aged under 21 or over 65;

(iii) people who belong to the business and voluntary sectors;

(iv) people from diverse sectors of society, including those of disadvantaged socio-economic status, those from different ethnic backgrounds, different faith groups, disabled groups, or sexual identity groups;

(c) to promote diversity.”

Page 2, line 32, leave out “are abolished” and insert “shall be abolished in accordance with section (Shadow operation (No. 2))”

Page 2, line 32, at end insert—

“( ) Each police and crime commissioner shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the police and crime commissioners to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality,

matters, and to support the police and crime commissioners in respect of their functions.

( ) Police and crime commissioners may make such arrangements as they see necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the relevant police and crime panel.”

Page 2, line 32, at end insert—

“( ) The police and crime commissioner must meet representatives of each local authority in the relevant police area at least twice a year to discuss the policing needs of those authorities.”

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

Insert the following new Clause—

“Pilot schemes

(1) Section 1 and other provisions on police and crime commissioners and police and crime panels shall commence—

(a) in accordance with section 158 in respect of not more than six police areas designated by the Secretary of State, and

(b) in respect of other police areas only in accordance with an order made by the Secretary of State.

(2) No order shall be made under subsection (1)(b) unless—

(a) pilot schemes have been undertaken for at least two years in the police areas designated under subsection (1)(a), and

(b) the Secretary of State has reported to Parliament on the pilot schemes.”

Line 6, leave out “designated by the Secretary of State” and insert “which shall be Cleveland, Dyfed-Powys, Cumbria, Gloucestershire, Devon and Cornwall and Warwickshire”

Insert the following new Clause—

“Shadow operation

(1) Subsections (5) to (10) of section 1 shall not take effect until the end of the shadow period.

(2) The Secretary of State shall make regulations for the functions during the shadow period of the police and crime commissioner, relevant police and crime panel and police authority for each police area.”

Insert the following new Clause—

“Memorandum of understanding: operational independence

(1) The responsible Minister must prepare a memorandum of understanding to outline how police and crime commissioners will work with police forces and, in particular, how the operational independence of chief constables and police forces will be protected.

(2) A draft memorandum of understanding must be laid before Parliament at the same time as a draft commencement order for this Part.

(3) In preparing the draft memorandum of understanding, the responsible Minister must consult interested members of the public, in particular—

(a) police bodies listed in section (Applicability of memorandum of understanding: operational independence) and organisations representing members of those bodies;

(b) local authorities;

(c) the Law Commission;

(d) organisations with an interest in criminal justice and constitutional affairs; and

(e) human rights organisations.

(4) The Minister must publish a summary of all representations received on the draft memorandum of understanding and include all this summary with the draft memorandum of understanding when laying it before Parliament.

(5) The Minister may, after laying a draft memorandum of understanding under subsection (2), finalise the memorandum of understanding if it is approved in accordance with section 155(2).

(6) The Minister may not make a commencement order for this Part, except this section and section (Applicability of memorandum of understanding: operational independence), if the memorandum of understanding has not been finalised under subsection (5).”

Insert the following new Clause—

“Applicability of memorandum of understanding: operational independence

The Minister must ensure that any memorandum of understanding finalised and approved in accordance with section 155(2) is applied to non-geographic police bodies in the United Kingdom, including—

(a) the British Transport Police Force;

(b) the Central Motorway Policing Group;

(c) the Civil Nuclear Constabulary;

(d) the Ministry of Defence Police;

(e) the Port of Dover Police;

(f) the Port of Liverpool Police; and

(g) the Serious Organised Crime Agency.”

Insert the following new Clause—

“Police Commission

(1) There shall be a body corporate for each police area listed in Schedule 1 to the Police Act 1996 to be known as a “Police Commission”.

(2) A Police Commission shall consist of—

(a) a police and crime commissioner, and

(b) a police and crime panel.

(3) The Police and Crime Commissioner shall be appointed by the police and crime panel (from amongst its own members).”

Insert the following new Clause—

“Duty of public engagement: police and crime commissioner

(1) On a quarterly basis, the police and crime commissioner for a police area must—

(a) arrange public forums to discuss policing and crime issues within that police area;

(b) organise independent and expert speakers to discuss options for reducing crime;

(c) publish a summary of any issues raised in that forum; and

(d) consult on a proposed response to those issues.

(2) The police and crime commissioner for a police area must organise regular meetings with the Victims’ Advisory Panel and organisations representing the interests of victims and their families to discuss—

(a) issues that are affecting victims within that police area; and

(b) options for eliminating or reducing the rate of victimisation within the police area.”

Insert the following new Clause—

“Deputy police and crime commissioners

(1) There is to be a deputy police and crime commissioner (“the deputy commissioner”) for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

(2) The name of the deputy commissioner for a police area is “the Deputy Police and Crime Commissioner for” with the addition of the name of the police area.

(3) The deputy commissioner shall be appointed by the police and crime commissioner for the area from among those members of the police and crime panel for the police area who are properly appointed as members of the panel.

(4) The deputy commissioner shall have—

(a) such functions that are performed by the police and crime commissioner for that police area, where the police and crime commissioner is unable or unavailable to perform them in accordance with this Act;

(b) such other functions that are conferred by this Act or any other enactment.

(5) A person must not hold the office of deputy commissioner and chair the police and crime panel at the same time.

(6) If the police and crime commissioner appoints as deputy commissioner the person who chairs the police and crime panel, the person shall resign as chair of the police and crime panel.

(7) Subsections (5) and (6) apply in relation to the deputy chair of the police and crime panel (if there is one) as they apply in relation to the chair of the police and crime panel.

(8) A person shall cease to be the deputy commissioner if—

(a) that person ceases to be a police and crime panel member;

(b) that person, at any time, gives notice of resignation as the deputy commissioner to the police and crime commissioner’s chief executive; or

(c) the police and crime commissioner at any time gives notice terminating his or her appointment as deputy commissioner.

(9) A person who ceases to be deputy commissioner shall be eligible for reappointment.”

Insert the following new Clause—

“Functions of deputy commissioner

(1) Any function exercisable by the police and crime commissioner shall also be exercisable by the deputy commissioner, if or to the extent that the police and crime commissioner so authorises, whether generally or specially, and subject to any conditions imposed by the police and crime commissioner.

(2) Where, by virtue of an authorisation under subsection (1), a duty is exercisable by the deputy commissioner, the deputy commissioner shall discharge the duty in accordance with the authorisation and any conditions imposed by the police and crime commissioner under subsection (1).

(3) Subsection (1) does not apply in relation to functions under this section.

(4) An authorisation under this section may be varied or revoked at any time by the police and crime commissioner.

(5) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.

(6) Paragraphs 2, 3, 4 and 5 of Schedule 1 shall apply to deputy commissioners as they apply to police and crime commissioners.”

Page 106, line 9, at end insert “which upon the commissioner’s assumption of office shall not be more than one-third of the salary then payable to the chief constable of the relevant police force”

Page 106, line 9, at end insert “after consultation with—

(a) the Local Government Association,

(b) the Welsh Local Government Association,

(c) the Association of Police Authorities”

Page 107, line 41, leave out “contracts and other”

Page 107, line 41, leave out “(whether legally binding or not)”

Page 107, line 44, at end insert —

“( ) The police and crime commissioner must exercise these powers in consultation with the police and crime panel.

( ) The police and crime panel may amend or reject the police and crime commissioner’s decisions to use these powers if the panel agrees to do so by a two-thirds majority.”

Page 108, line 6, leave out “is shown to have” and insert “has”

Page 108, line 10, leave out “is shown to have” and insert “has”

Insert the following new Schedule—

1 Any reference in this Schedule to a period when a police and crime commissioner is temporarily unable to act is a reference to a period when—

(a) there is no vacancy in the office of police and crime commissioner; but

(b) the police and crime commissioner is unable to act by reason of illness, imprisonment or absence abroad or for any other reason;

and references to the police and crime commissioner being temporarily unable to act shall be construed accordingly.

2 If a casual vacancy occurs in the office of a police and crime commissioner, the commissioner’s chief executive shall give notice of the vacancy—

(a) to the deputy commissioner, if there is a holder of that office; or

(b) in any other case, to the chair of the police and crime panel.

3 During any vacancy in the office of police and crime commissioner in any police area there shall be an acting commissioner (in this Act referred to as the “acting commissioner”).

4 (1) If a person holds the office of deputy commissioner on the date on which a vacancy in the office of police and crime commissioner occurs, that person shall be the acting police and crime commissioner unless, within the permitted period, that person gives notice to the commissioner’s chief executive that he or she does not wish to be the acting commissioner.

(2) If a person becomes the acting commissioner by virtue of being the deputy commissioner that person shall—

(a) cease to be the deputy commissioner; and

(b) not be the deputy commissioner, the chair of the police and crime panel or the deputy chair of the police and crime panel at any time while he or she is the acting commissioner.

(3) If, by virtue of sub-paragraph (1), the person who is the deputy commissioner does not become the acting commissioner, the commissioner’s chief executive shall give notice of that fact to the chair of the police and crime panel as soon as practicable after—

(a) receipt of any notice under sub-paragraph (1) above; or

(b) if no such notice is given, the last day of the permitted period.

(4) Where notice is given to the chair of the police and crime panel—

(a) under paragraph 2(1)(b) above, or

(b) under sub-paragraph (3) above,

the person who is the chair of the police and crime panel shall be the acting commissioner.

(5) If a person becomes acting commissioner by virtue of being the chair of the police and crime panel that person shall—

(a) cease to be the chair of the police and crime panel; and

(b) not be the deputy commissioner, the chair of the police and crime panel or the deputy chair of the police and crime panel at any time while he or she is the acting commissioner.

(6) In this paragraph “the permitted period” means the period of seven days following the day on which notice under paragraph 2(1)(a) above is given to the deputy commissioner.

5 (1) If and so long as there is an acting commissioner—

(a) any functions exercisable by the police and crime commissioner shall be exercisable instead by the acting commissioner; and

(b) for the period of the vacancy, the acting commissioner shall accordingly be treated as if he or she were the police and crime commissioner.

6 While a person is the acting commissioner, he or she shall not act as a member of the police and crime panel.

7 (1) If the commissioner’s chief executive becomes aware that the police and crime commissioner is temporarily unable to act, he or she shall as soon as reasonably practicable give notice of that fact—

(a) to the chair of the police and crime panel; and

(b) to the deputy commissioner, if there is a holder of that office.

(2) For the purposes of the following provisions of this Part of this Schedule, any period when the police and crime commissioner is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1) above.

8 During any period when the police and crime commissioner is temporarily unable to act—

(a) any functions exercisable by the police and crime commissioner shall be exercisable instead by the deputy commissioner, and

(b) for that period, the deputy commissioner shall accordingly be treated as if he or she were the police and crime commissioner.

9 (1) This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the police and crime commissioner is temporarily unable to act, if—

(a) at the beginning of that period there is no deputy commissioner; or

(b) the person who, at the beginning of that period, is the deputy commissioner gives notice to the commissioner’s chief executive, within the permitted time, that he or she does not wish to exercise the functions of the police and crime commissioner pursuant to paragraph 8; or

(c) a casual vacancy occurs in the office of deputy commissioner during that period;

and in paragraph (b) above “the permitted time” means the period of seven days following the day on which notice under paragraph 7(1)(b) is given to the deputy commissioner.

(2) Where this paragraph applies, paragraphs 8 and 9 shall have effect with the substitution for references to the deputy commissioner of references to the chair of the police and crime panel.

(3) If and so long as functions are exercisable by virtue of paragraph 8 by the chair of the police and crime panel, he or she shall not exercise any of the other functions of chair of the police and crime panel.

(4) If and so long as the chair of the police and crime panel is precluded by sub-paragraph (3) from exercising any of his or her functions, those functions shall be exercisable instead by another member of the panel chosen by the panel.”

Page 2, line 41, at end insert “for all operational policing matters, subject to Schedule (Direction and control over operational policing matters)”

Page 3, line 3, at end insert “and to assist the police and crime panel in the exercise of its functions”

Insert the following new Clause—

“Pilot schemes (No. 3)

(1) The Secretary of State must—

(a) establish pilot schemes to test the operation of police and crime commissioners in no more than four police areas outside London, to operate for four years;

(b) commission an independent review by Her Majesty’s Inspectorate of Constabulary (HMIC) to assess the impact and effectiveness of the police and crime commissioners in place of police authorities in those pilot police areas; and

(c) at the end of the pilot schemes, publish a copy of HMIC’s final review report and lay a copy of that report before Parliament.

(2) Before commencing the pilot schemes under subsection (1), the Secretary of State must make regulations to establish—

(a) the police areas that the pilots will operate in, taking into consideration the demography, police resources, policing requirements and geography of those areas;

(b) the terms of reference for the review; and

(c) the assessment criteria that HMIC will use for the review.

(3) The Secretary of State must include—

(a) a description of the consultation undertaken, and

(b) a summary of representations received on,

the proposals in the draft regulations to be made under subsection (2) in the explanatory notes accompanying those draft regulations.”

Line 6, at end insert “and these areas shall be Cleveland, Dyfed-Powys, Devon and Cornwall and Cumbria”

Insert the following new Clause—

“Referendums on police and crime commissioners

(1) Except for this section, this Part only applies in respect of a police area if—

(a) a referendum has been held in that police area in accordance with this section;

(b) at least 40% of persons eligible to vote in that referendum have voted; and

(c) the majority of those voting in the referendum are in favour of adopting police and crime commissioners instead of police authorities in that area.

(2) A referendum may only be held if the criteria in this section have been satisfied.

(3) A local authority has a duty to hold a referendum in a police area where—

(a) an authority (or authorities) within that police area receives a petition that complies with section 40 of the Localism Act 2011, or

(b) one or more members of an authority (or authorities) within that police area makes a request that complies with section 42 of the Localism Act 2011,

and the wording of the proposed question is that in subsection (4) of this section.

(4) The question that is to appear on the ballot papers is—

At present in our area we have a system where the police are managed by police authorities, which are independent and non-political, with ultimate political responsibility for policing resting with the responsible Home Office Ministers. Should we instead have elected political leaders to manage the police (“police and crime commissioners”) in addition to the responsible Ministers?

(5) There is no requirement to hold a referendum under subsection (3) where one has been held in the relevant police area in the previous five years.

(6) Where a local authority receives a request or petition and considers that it satisfies the criteria for holding a referendum under this section, the local authority must—

(a) inform any other local authorities in the police area of that fact;

(b) notify the petition organiser or referendum requester of the fact; and

(c) publish the determination in such manner as it sees fit.

(7) Where this section applies to more than one local authority within a police area, those authorities have a duty to cooperate to discharge the duty under subsection (3).

(8) Sections 40 to 42 of the Localism Act 2011 shall apply to this section with the following changes—

(a) section 40(2) does not apply;

(b) the reference to “5%” in section 41(1) means 5% of those persons in the police area who are eligible to vote in local authority elections;

(c) all references to—

(i) “principal local authority” shall have the meaning provided in section 39(5) of the Localism Act 2011, where those authorities are within the relevant police area;

(ii) “a relevant area” shall mean “the relevant police area”.

(9) Section 49 (date of referendum) of the Localism Act 2011 shall apply to this section with the following changes—

(a) section 49(6) does not apply;

(b) all references to “principal local authority” shall have the meaning provided in section 39(5) of the Localism Act 2011, where those authorities are within the relevant police area.”

Insert the following new Clause—

“Principles

In exercising powers and performing functions under this Act, the Home Secretary, police commissioners and the chief constables must have regard to the following principles—

(a) principled, effective and efficient policing services are a cornerstone of a free and democratic society under the rule of law;

(b) effective policing relies on a wide measure of public support and confidence;

(c) policing services are provided under a tripartite system of police accountability;

(d) policing services are provided in a manner that respects human rights;

(e) policing services are provided independently and impartially; and

(f) in providing policing services, every police employee is required to act professionally, ethically, with integrity and in accordance with their attestation made under oath in accordance with Schedule 4 to the Police Act 1996.”

Page 108, line 25, leave out paragraph 2

Page 108, line 25, at end insert “for the purposes of employment only”

Page 108, line 29, leave out “must” and insert “may”

Page 109, line 1, leave out sub-paragraph (3)

Page 109, line 5, leave out “must” and insert “may”

Page 109, line 28, leave out paragraph 7 and insert—

“7 (1) A chief constable may enter into, vary or terminate contracts of employment.

(2) This paragraph is subject to the other provisions of this Act and to any other enactment about the powers of chief constables.”

Page 109, line 31, leave out “contracts and other”

Page 109, line 31, leave out “(whether legally binding or not)”

Page 3, line 13, at end insert “and the City of London”

Page 3, line 15, leave out subsections (3) and (4) and insert—

“(3) There is to be a Deputy Mayor for Policing and Crime for the metropolitan police district and the City of London.

(4) The Deputy Mayor for Policing and Crime is to be elected, and hold office, in accordance with Chapter 6.

(4A) The person who has been given the title of deputy mayor and particular responsibility for policing and crime by the Mayor of London at the time this section is brought into effect is to be the occupant for the time being of the Mayor’s Office for Policing and Crime.”

Page 3, line 22, at end insert—

“( ) Subsections (3) and (4) are subject to section (Mayor’s Office for Policing and Crime: term of office).”

Page 3, line 28, at end insert “in conjunction with the Commissioner of Police of the Metropolis”

Page 3, line 29, after “force” insert “and the City of London Police”

Page 3, line 30, leave out “is” and insert “and the City of London Police are”

Page 3, line 32, after “Metropolis” insert “and the Commissioner of the City of London Police”

Page 3, line 37, after “Commissioner” insert “of Police of the Metropolis and the Commissioner of the City of London Police”

Page 4, line 18, leave out subsections (10) and (11)

Page 4, line 26, at end insert—

“( ) The Mayor’s Office for Policing and Crime shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the Mayor’s Office for Policing and Crime to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality,

matters and to support the Mayor’s Office for Policing and Crime in respect of its functions.

( ) The Mayor’s Office for Policing and Crime may make such arrangements as it sees necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the London Assembly police and crime panel.”

Page 4, line 26, at end insert—

“( ) The Mayor’s Office for Policing and Crime must meet representatives of each local authority in the metropolitan police district at least twice a year to discuss the policing needs of those authorities.”

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Page 111, line 17, leave out paragraph 4

Page 111, line 24, at end insert—

“( ) a person who is not a member of the London Assembly;”

Page 111, line 34, leave out from beginning to second “the” in line 35

Page 113, line 6, leave out “is shown to have” and insert “has”

Page 113, line 10, leave out “is shown to have” and insert “has”

Page 4, line 37, at end insert “for all operational policing matters, subject to Schedule (Direction and control over operational policing matters)”

Page 113, line 28, leave out “must” and insert “may”

Page 113, line 37, leave out sub-paragraph (3)

Insert the following new Schedule—

1 A chief constable or the Commissioner of Police of the Metropolis has the sole responsibility for deciding issues of command and control or operational policing matters, except where paragraph 2 applies.

2 Where a police and crime commissioner or the Mayor’s Office for Policing and Crime disagrees with a chief constable or the Commissioner of Police of the Metropolis on what constitutes a matter of command and control or operational policing, Her Majesty’s Chief Inspector of Constabulary shall determine the matter, and the chief inspector’s decision shall be final and binding.

3 The decision of the chief inspector shall not be subject to review or appeal by any other party.

4 Her Majesty’s Inspectorate of Constabulary (HMIC) may issue protocols to police and crime commissioners, the Mayor’s Office for Policing and Crime, chief constables and the Commissioner of Police of the Metropolis outlining issues it considers to be matters of command and control and operational policing and may update these from time to time.

5 Before issuing the protocols under paragraph 4, HMIC shall consult the Secretary of State and those whom it considers represent the views of chief officers of police and representatives of police and crime commissioners.

6 Protocols issued under paragraph 4 shall not be subject to scrutiny by either House of Parliament or any committee of either House.

7 In determining a matter under paragraph 2, Her Majesty’s Chief Inspector of Constabulary may have regard to the protocols issued by HMIC under paragraph 4, but shall not be bound by them; and the chief inspector decide matters based on the individual circumstances of the case.”

Page 5, line 20, at end insert—

“( ) consult local authorities in the police area and have regard for their views,”

Page 5, line 25, at end insert—

“( ) obtain the approval of the panel in accordance with section 28”

Page 6, line 36, leave out “the police and crime panel of”

Page 6, line 38, leave out “panel” and insert “London Assembly”

Page 6, line 39, at end insert—

“( ) give the London Assembly a response to any such report or recommendations,

( ) publish any such response, and

( ) obtain the approval of the London Assembly in accordance with section 33”

Page 6, line 39, at end insert—

“(e) if the draft plan or variation is referred back by the panel under section 33(1)(c) and (1A), ensure the plan or variation follows the reasons given in the Assembly’s resolution referring the draft plan back.”

Page 6, line 41, leave out “police and crime panel” and insert “London Assembly”

Page 7, line 16, leave out “42(1) and (6)” and insert “42”

Page 7, line 20, at end insert—

“( ) In section 32 of the 1999 Act, at the end of subsection (3)(a) insert “(which in the case of the draft police and crime plan shall include bodies working within Greater London to combat crime and disorder and assist the victims of crime)”.”

Page 8, line 5, at end insert—

“( ) arrangements for reducing crime and disorder in the policing area; and

( ) collaborative arrangements with other organisations.”

Page 8, line 17, leave out subsection (4) and insert—

“( ) Her Majesty’s Inspectorate of Constabulary may publish general guidance on matters to be included in police and crime plans.”

Page 8, line 20, leave out subsection (6)

Page 8, line 26, at end insert—

“( ) such persons as appear to the Secretary of State to represent the views of police and crime panels,”

Page 8, line 27, at end insert—

“( ) The Secretary of State shall have regard to the views expressed in response to the consultation under subsection (6).”

Page 9, line 9, leave out “have regard to” and insert “follow”

Page 9, line 9, leave out “have regard to” and insert “ignore”

Page 9, line 20, leave out subsections (5) to (7)

Page 9, line 29, at end insert—

“( ) such persons as appear to the Secretary of State to represent the views of police and crime panels,”

Page 9, line 32, after “may” insert “, following consultation with the relevant local authorities”

Page 9, line 33, at end insert —

“( ) Before making a crime and disorder reduction grant, the elected local policing body shall consult the relevant police and crime panel and shall have regard to its views.”

Page 10, line 2, after “co-operation” insert—

“(a)”

Page 10, line 2, at end insert “, and

(b) with voluntary and statutory organisations working within the police area to combat crime and disorder and assist the victims of crime.”

Page 10, line 16, leave out paragraphs (b) to (g)

Page 11, line 2, after “necessary” insert “or required by the relevant police and crime panel”

Page 11, line 6, at end insert—

“( ) For the purpose of subsection (3), “performance” includes the treatment of victims of crime.”

Page 11, line 6, at end insert—

“( ) Such information should be provided in respect of—

(a) police forces,

(b) police divisions,

(c) basic command units, and

(d) neighbourhoods.

( ) Where information is provided in respect of neighbourhoods it shall be done in consultation with the relevant local authorities.”

Page 11, line 20, at end insert—

“( ) The annual report shall include information of such descriptions as the relevant police and crime panel, prior to the beginning of the financial year to which the annual report relates, has notified the elected local policing body that it wishes to be included in the annual report.”

Page 11, line 22, at end insert “and the relevant local authorities”

Page 11, line 23, after “body” insert “and the chief constable”

Page 11, line 27, after “body” insert “and the chief constable”

Page 11, line 39, after “body” insert “and the chief constable”

Page 12, line 8, at end insert—

“( ) Subsection (2) does not apply if it is possible for the chief officer of police to disclose the information in such form as will avoid the risks listed.”

Page 12, line 10, at end insert “or which the panel requests”

Page 12, line 15, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

Page 12, line 24, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

Page 12, line 30, at end insert—

“(c) the local authorities in the area (including parish and town councils),”

Page 12, line 30, at end insert—

“(c) the relevant local authorities,”

Page 12, line 39, at end insert—

“(c) the London boroughs,”

Page 12, line 39, at end insert—

“(c) the relevant local authorities,”

Page 13, line 11, at end insert “and the views of local authorities in the police area”

Page 13, line 12, leave out subsection (6)

Page 13, line 20, leave out subsection (3)

Page 13, line 34, leave out “in spite of” and insert “subject to”

Page 14, line 2, at end insert “and any other report or recommendations made by the panel”

Page 14, line 12, leave out “any person” and insert “a member of the relevant police and crime panel”

Page 14, line 13, at end insert “but retains responsibility for such functions”

Page 14, line 15, leave out paragraph (a)

Page 14, line 17, leave out subsection (3)

Page 14, line 35, leave out subsection (5)

Page 14, line 40, leave out subsection (1)

Page 14, line 41, leave out “person” and insert “member of the London Assembly”

Page 14, line 43, at end insert—

“but shall retain responsibility for such functions”

Page 15, line 1, leave out “person” and insert “member of staff of the Mayor’s Office for Policing and Crime”

Page 15, line 3, at end insert “but shall retain responsibility for such functions”

Page 15, line 5, leave out paragraph (a)

Page 15, line 5, leave out paragraphs (a) and (b)

Page 15, line 8, leave out “(7)(a), (e), (f), (g) or (h)” and insert “(7)”

Page 15, line 13, leave out subsection (4)

Page 15, line 13, leave out subsections (4) to (6)

Page 15, line 13, leave out “any other person” and insert “another member of the London Assembly”

Page 15, line 22, leave out paragraph (c)

Page 15, line 44, leave out subsection (8)

Page 16, line 1, leave out subsections (9) to (13)

Page 16, line 3, leave out subsections (10) and (11)

Lord Harris of Haringey gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.

Page 115, line 23, at end insert—

“( ) A precept must be issued separately from a local authority’s—

(a) council tax demand, and

(b) non-domestic rates demand.”

Page 115, line 28, after “panel” insert—

“(a) of the budget which the commissioner is proposing to apply for the financial year (the “proposed budget”), including each head of expenditure in such detail as shall enable the panel to assess the activities of the commissioner and of the relevant police force in the financial year (the “proposed heads of expenditure”); and

(b) ”

Page 115, line 28, after “panel” insert “and the local authorities in the police area”

Page 115, line 29, at end insert—

“( ) The police and crime commissioner must have regard for representations made by the bodies notified under sub-paragraph 1.”

Page 115, line 31, after “precept” insert “, proposed budget and proposed heads of expenditure”

Page 115, line 33, at end insert “, proposed budget and proposed heads of expenditure”

Page 115, line 35, after “precept” insert “, proposed budget and proposed heads of expenditure”

Page 115, line 37, at end insert “proposed budget and proposed heads of expenditure,”

Page 115, line 37, at end insert “amend or”

Page 116, line 2, at end insert—

“( ) A decision to amend or veto a proposed precept must be agreed by a two-thirds majority.”

Page 116, line 8, leave out “three-quarters” and insert “two-thirds”

Page 20, line 33, at end insert—

“(2A) A police and crime panel must consider the draft police and crime plan or draft variation and may approve or reject it.

(2B) For the purpose of subsection (2A) a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

Page 20, line 33, at end insert—

“( ) Meetings of police and crime panels must be held in public.”

Page 21, line 21, at end insert—

“( ) A police and crime panel must appoint an audit committee from among its members and such a committee shall be able to appoint sub-committees.”

Page 117, line 31, leave out paragraph 1

Page 117, line 34, leave out sub-paragraphs (2) to (4)

Page 118, line 22, leave out from “district)” to end of line 23

Page 118, line 40, leave out “two members co-opted by the panel” and insert “co-opted members chosen by the panel constituting two-thirds of the total membership”

Page 118, line 40, at end insert—

“( ) In co-opting members, the panel shall take into account equality and diversity considerations.”

Page 119, line 25, at end insert—

“( ) In appointing local authority members to a police and crime panel political proportionality shall be reflected on a similar basis to that operated by the Local Government Association in making member appointments.”

Page 122, line 5, leave out sub-paragraphs (a) and (b) and insert “that each relevant local authority has at least one of its councillors as a member of the panel”

Page 123, line 5, leave out from “Wales” to end of line 7

Page 123, line 24, leave out “two” and insert “four”

Page 123, line 26, leave out first “ten” and insert “fifteen”

Page 123, line 28, leave out “eleven” and insert “sixteen”

Page 123, line 29, at end insert—

“( ) if the police area covers a unitary district and other district councils, the number equal to X calculated by the following formula—

X = A + (A × B)

where A equals the number of other district councils and B equals the number of unitary districts”

Page 125, line 17, leave out paragraph 17

Page 125, line 22, leave out paragraph 18

Page 126, line 2, transpose paragraphs 19 and 20 to after paragraph 31

Page 127, line 10, at end insert—

“( ) the directly elected mayor of a local authority which is covered by that police area”

Page 127, line 11, leave out paragraph (c)

Page 127, line 28, at end insert—

“( ) Panel arrangements may not include provisions for the approval of any member other than by that member’s nominating authority.”

Page 129, line 18, leave out paragraph 32

Page 21, line 26, after “staff” insert “and the relevant chief officer of police, deputy chief constable and assistant chief constables”

Page 21, line 27, after “question” insert “, produce any document or provide any information”

Page 21, line 33, after “commissioner” insert “and the relevant chief officer of police”

Page 21, line 36, leave out “police and crime commissioner” and insert “persons referred to in subsection (1)”

Page 21, line 38, after “commissioner” insert “and the deputy to the relevant chief officer of police”

Page 21, line 39, at end insert—

“( ) For the purposes of this section any person exercising a function under section 18(1) shall be deemed to be a member of the police and crime commissioner’s staff.”

Insert the following new Clause—

“Approval of budget by police and crime panel

(1) The relevant elected local policing body shall present a draft budget to the relevant police and crime panel for approval at a public meeting of the panel on or before 1 February in the financial year preceding that to which the draft budget relates.

(2) The panel may veto the draft budget by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.

(3) In the event of a veto the relevant elected local policing body shall present an amended draft budget to the relevant police and crime panel at a public meeting of the panel, and subsection (2) shall apply to successive drafts until the panel approves the draft budget.

(4) For the purposes of this section a draft budget is approved if it is not vetoed.

(5) This section shall not apply to the Mayor’s Office for Policing and Crime.”

Insert the following new Clause—

“Budget heads of expenditure

(1) Neither a police and crime commissioner nor the Mayor’s Office for Policing and Crime may make any virement between heads of expenditure in a budget implemented following the procedures set out in Schedule 5 if the virement is vetoed by the relevant police and crime panel.

(2) A veto under this section is a decision that the proposed virement be not made, taken by the panel by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

Page 22, line 3, leave out from “one” to end of line 4 and insert “for which the sanction may be imprisonment”

Page 22, line 4, leave out “two years” and insert “six months”

Insert the following new Clause—

“Shadow operation (No. 2)

(1) The provisions of sections 28 to 30 are subject to this section.

(2) Subsections (2) to (9) of section 28 and sections 29 and 30 shall not take effect until the end of the shadow period.”

Page 133, line 14, leave out paragraph 6

Page 22, line 36, after “discharged” insert “by it or”

Page 22, line 39, at end insert “, except the power in section 33(1)(c)”

Page 22, line 40, leave out paragraph (b)

Page 23, line 3, leave out subsection (3)

Page 23, line 8, leave out “only”

Page 23, line 19, at end insert—

“( ) Co-opted members of the police and crime panel shall be appointed following a resolution of the whole London Assembly.”

Page 23, line 22, after “as” insert “including”

Page 23, line 24, at end insert “including”

Page 23, line 32, leave out “33(1)” and insert “33(1)(a) and (b)”

Page 23, line 37, leave out “must”

Page 23, line 38, at beginning insert “must”

Page 23, line 41, at beginning insert “must”

Page 23, line 42, at end insert—

“(c) may pass a resolution referring the draft plan or variation back to the Mayor’s Office for Policing and Crime, and such a resolution may contain reasons for referring the draft plan or variation back.

(1A) Any resolution under subsection (1)(c) is only to have effect for the purpose of section 6(6)(e) if it was agreed to by at least two-thirds of the Assembly members voting.”

Page 23, line 42, at end insert—

“(1A) The London Assembly may approve or reject the draft police and crime plan or draft variation.

(1B) For the purposes of subsection (1A), a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members at the time the decision is made.”

Page 24, line 30, at end insert—

“(e) any senior police officer of the metropolitan police force;

(f) any member of the civilian staff of the metropolitan police force.

( ) In subsection (6)(e) “senior police officer” means the ranks of—

(a) Commissioner of Police of the Metropolis;

(b) Deputy Commissioner of Police of the Metropolis;

(c) Assistant Commissioner of Police of the Metropolis;

(d) Deputy Assistant Commissioner of Police of the Metropolis;

(e) Commander.”

Page 24, line 30, at end insert—

“(e) the Commissioner of Police of the Metropolis;

(f) any other officer of the metropolitan police force of the rank of commander or above”

Insert the following new Clause—

“Suspension of the Deputy Mayor for Policing and Crime

(1) The London Assembly police and crime panel may suspend the Deputy Mayor for Policing and Crime if it appears to the panel that—

(a) the Deputy Mayor for Policing and Crime has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years.

(2) The suspension of the Deputy Mayor for Policing and Crime ceases to have effect upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the Deputy Mayor for Policing and Crime being acquitted of the offence;

(c) the Deputy Mayor for Policing and Crime being convicted of the offence but not being disqualified under section 67 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Deputy Mayor for Policing and Crime is to be treated as not holding that office during that suspension.

(4) In this section, references to an offence which carries a maximum term of imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is fixed by law as life imprisonment.”

Page 25, line 17, after “police” insert “in consultation with the relevant local authority”

Page 25, line 18, at end insert—

“( ) In making arrangements under this section, the chief officer of police must consult the relevant police and crime panel.”

Page 25, line 26, at end insert “and shall provide a copy to the relevant police and crime panel”

Page 26, line 10, after “area” insert “, assisted by three members of the police and crime panel for the area (including one co-opted member of the panel),”

Page 26, line 12, after “may” insert “, in the interests of efficiency or effectiveness,”

Page 26, line 12, after “may” insert “, following consultation with the chair of the police and crime panel,”

Page 26, line 14, after “may” insert “, following consultation with the chair of the police and crime panel,”

Page 26, line 15, after “area” insert “, in the interests of efficiency or effectiveness,”

Page 135, line 16, leave out “three-quarters” and insert “two-thirds”

Page 136, line 8, leave out sub-paragraph (3)

Page 136, line 24, leave out sub-paragraphs (4) and (5) and insert—

“( ) The regulations may not make provision for appointing the rejected candidate.”

Page 136, line 32, leave out paragraphs (c) and (d)

Page 137, line 16, leave out from first “the” to end of line 18 and insert “panel recommends that the commissioner call for the retirement or resignation”

Page 139, line 2, leave out paragraph 16

Page 26, line 26, after “commissioner” insert “and the chair of the police and crime panel”

Page 26, line 29, after “commissioner” insert “and the chair of the police and crime panel”

Page 26, line 30, at end insert—

“( ) The police and crime commissioner must consult the relevant police and crime panel before responding to a consultation by the chief constable of a police force under subsection (2) or (3).”

Page 26, line 31, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Page 26, line 33, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Page 27, line 8, after “commissioner” insert “and the chair of the police and crime panel”

Page 27, line 10, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Page 27, line 12, after “may” insert “, following consultation with the police and crime commissioner and the chair of the police and crime panel,”

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Commissioner and Deputy Commissioner

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly on the board that shortlists and interviews candidates for the posts that are the subject of sections 42 and 43, and shall have regard to the views of that member in making recommendations under those sections.”

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Assistant Commissioners, Deputy Assistant Commissioners and Commanders

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly on the board that shortlists and interviews candidates for the posts that are the subject of sections 45 to 47, and shall have regard to the views of that member in making recommendations under those sections.”

Page 30, line 16, after “may,” insert “in the interests of efficiency or effectiveness and”

Page 30, line 24, after “may,” insert “in the interests of efficiency or effectiveness,”

Page 30, line 33, at end insert—

“( ) consult the London Assembly;”

Page 30, line 38, at end insert—

“( ) have due regard to the views of the London Assembly;”

Insert the following new Clause—

“Election of the Deputy Mayor for Policing and Crime

(1) An election of the Deputy Mayor for Policing and Crime (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at an ordinary election of the Deputy Mayor for Policing and Crime in any year is to be held on the day which is the ordinary day of election in that year for the Mayor of London and the London Assembly.

(3) The term of office of a person elected as the Deputy Mayor for Policing and Crime at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election, and

(b) ends with the sixth day after the day of the poll at the next ordinary election of the Deputy Mayor for Policing and Crime.

(4) Subsection (3) is subject to any provision of or made under this or any other Act relating to the appointment or election of the Deputy Mayor for Policing and Crime or the Deputy Mayor for Policing and Crime ceasing to hold office.”

Page 32, line 19, at end insert “or in the office of the Deputy Mayor for Policing and Crime”

Page 32, line 21, after “officer” insert “or the Greater London Returning Officer”

Page 32, line 33, at end insert “or the next ordinary election of the Deputy Mayor for Policing and Crime”

Page 32, line 38, after “area” insert “or the Deputy Mayor for Policing and Crime”

Page 32, line 40, at end insert “or the Deputy Mayor for Policing and Crime”

Page 33, line 11, at end insert—

“( ) A person is entitled to vote as an elector at an election of the Deputy Mayor for Policing and Crime if that person is an elector entitled to vote in an election for the Mayor of London and the London Assembly being held on that date.”

Page 33, line 29, at end insert—

“( ) The returning officer for an election of the Deputy Mayor for Policing and Crime is to be the Greater London Returning Officer.”

Page 34, line 24, leave out “necessarily” and insert “reasonably”

Page 34, line 25, leave out “necessarily” and insert “reasonably”

Page 36, line 13, leave out “supplementary” and insert “alternative”

Page 36, line 15, leave out paragraph (b)

Page 36, line 16, leave out “supplementary” and insert “alternative”

Page 36, line 17, leave out from “(3),” to end of line 18 and insert ““alternative vote system” means the system enabling the voter to indicate preferences among the candidates as provided by Schedule 9”

Leave out Schedule 9 and insert the following new Schedule—

1 This Schedule applies to an election under Chapter 6 of Part 1 of a police and crime commissioner for a police area at which there are three or more candidates.

2 (1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.

3 (1) This paragraph sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.

(2) Votes shall be allocated to candidates in accordance with voters’ first preferences and, if one candidate has more votes than the other candidates put together, that candidate is elected.

(3) If not, the candidate with the fewest votes is eliminated and that candidate’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining candidates shall be reallocated to that remaining candidate or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(4) If after that stage of counting one candidate has more votes than the other remaining candidates put together, that candidate is elected.

(5) If not, the process referred to in sub-paragraph (3) above shall be repeated as many times as necessary until one candidate has more votes than the other remaining candidates put together, and so is elected.

4 (1) If no candidate is elected at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first preference votes obtained by each candidate;

(b) which candidate was eliminated;

(c) the number of rejected ballot papers.

(2) Immediately after each subsequent stage of counting, except the final stage, the returning officer shall record and make publicly available the following information—

(a) the number of votes obtained by each candidate at that stage (including any reallocated);

(b) which candidate was eliminated at that stage;

(c) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”

Page 36, line 33, at end insert—

“( ) about the regulation of spending with the intention of influencing the outcome of an election by campaigners who are not standing in that election;”

Page 37, line 1, at end insert—

“( ) An order under subsection (1) shall make only such modifications and exceptions as are required to apply the relevant provisions to the election of police and crime commissioners.”

Page 37, line 32, after “area” insert “or in the office of the Deputy Mayor for Policing and Crime”

Page 37, line 40, after “area” insert “or in the office of the Deputy Mayor for Policing and Crime”

Page 38, line 1, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

Page 38, line 7, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

Page 38, line 11, at end insert “or the Deputy Mayor for Policing and Crime”

Page 38, line 13, at end insert—

“( ) The appropriate officer must give notice of a vacancy in the office of the Deputy Mayor for Policing and Crime to the Greater London Returning Officer.”

Page 38, line 18, after “area” insert “or the Deputy Mayor for Policing and Crime”

Page 38, line 20, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

Page 38, line 23, at end insert “or the Deputy Mayor for Policing and Crime”

Page 38, line 36, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

Page 39, line 7, leave out from second “the” to end of line 8 and insert “police and crime panel and is an elected member of a relevant local authority”

Page 39, line 45, leave out “any” and insert “this Act and any other”

Page 39, line 46, at end insert—

“( ) Schedule (Vacancies in the office of police and crime commissioners) shall have effect.”

Insert the following new Clause—

“Appointment of acting Deputy Mayor for Policing and Crime

(1) The Mayor of London will act as the Deputy Mayor for Policing and Crime if—

(a) no person holds the office of the Deputy Mayor for Policing and Crime,

(b) the Deputy Mayor for Policing and Crime is incapacitated, or

(c) the Deputy Mayor for Policing and Crime is suspended in accordance with section (Suspension of the Deputy Mayor for Policing and Crime).

(2) Where the Mayor of London acts as the Deputy Mayor for Policing and Crime, the Mayor of London will have all the powers and functions vested in the Mayor’s Office for Policing and Crime as the Mayor of London has been elected as the Deputy Mayor for Policing and Crime.

(3) For the purposes of this section—

(a) the Deputy Mayor for Policing and Crime is incapacitated if the Deputy Mayor for Policing and Crime is unable to exercise the functions of the Deputy Mayor for Policing and Crime, except where the Deputy Mayor for Policing and Crime is unable to exercise those functions only because the Deputy Mayor for Policing and Crime has yet to give a declaration of office under section 71; and

(b) it is for London Assembly police and crime panel to determine whether or not the Deputy Mayor for Policing and Crime is incapacitated.”

Insert the following new Clause—

“Mayor’s Office for Policing and Crime: term of office

(1) A person is disqualified from occupying the Mayor’s Office for Policing and Crime if the person has been elected as Mayor of London at two previous elections.

(2) It is immaterial, for the purpose of subsection (1), whether—

(a) any election is, or was, an ordinary election; or

(b) having been elected at a previous election, the person was the occupant of the Mayor’s Office for Policing and Crime.

(3) An election which has been declared void is to be disregarded for the purposes of subsection (1).”

Page 42, line 26, at end insert—

“( ) has served in the relevant police area during the eight years prior to the election or four years prior to the election in any other police area;

( ) is a former chief constable or deputy chief constable in any police area;”

Page 42, line 26, at end insert—

“( ) A person is disqualified from being elected as, or being, a police and crime commissioner within a particular police area where that person—

(a) has served as a member of any of the bodies listed in subsection (1)(h), and

(b) has done so in that police area within the previous four years,

at the rank of assistant chief constable or above.”

Page 42, line 32, leave out “and for this purpose B works for A if” and insert “or if otherwise”

Insert the following new Clause—

“Deputy Mayor for Policing and Crime: further provision

Sections 64 to 73 of this Act shall apply to the Deputy Mayor for Policing and Crime as though the Deputy Mayor for Policing and Crime were a police and crime commissioner.”

Insert the following new Clause—

“Pilot schemes (No. 2)

(1) The provisions of this Chapter shall be subject to pilot schemes in three police areas outside London before they come generally into effect.

(2) The Secretary of State shall, by order, specify—

(a) the police areas in which the pilot schemes shall be carried out;

(b) how long the pilot schemes shall last, providing the period is not less than three years; and

(c) against which criteria the pilot schemes shall be assessed.

(3) When the pilot schemes are finished the Secretary of State shall lay before both Houses of Parliament—

(a) a report containing an assessment of the pilot schemes; and

(b) a draft order bringing this Chapter generally into force.

(4) The Secretary of State may, by order, make transitional arrangements for the police areas in which the pilot schemes have been held for the period between the end of the pilot schemes and this Chapter coming generally into force.”

Line 3, leave out “three police areas outside London” and insert “Cumbria, Cleveland and Dyfed-Powys”

Line 3, leave out “three police areas outside London” and insert “North Wales, Dyfed-Powys, South Wales and Gwent”

Line 6, leave out paragraph (a)

Page 49, line 14, after “police” insert “and a police and crime commissioner”

Page 49, line 15, leave out “have regard to” and insert “follow”

Page 49, line 24, at end insert—

“(c) must identify national threats based on objective criteria and draw up the strategic policing requirement based on them.”

Page 50, line 3, after “importance” insert “(and any matter within the functions of the Serious Organised Crime Agency under the Serious Organised Crime and Police Act 2005 shall be deemed to be such a threat)”

Page 50, line 4, leave out “can” and insert “is most likely to”

Page 50, line 5, leave out “only”

Page 50, line 10, leave out from “be” to end of line 11 and insert “necessary to prevent the safety of people in a police area from being put at risk”

Page 50, line 11, leave out “the efficiency and effectiveness of the police” and insert “safety and security”

Page 50, line 25, after “means” insert—

“( ) the Local Government Authority;

( ) the Welsh Local Government Authority;

( ) any body representing police and crime panels;

( ) any other body the Secretary of State deems appropriate; and

( ) ”

Page 50, line 31, leave out paragraphs (b) and (c)

Page 51, line 2, after “may” insert “, in the interests of efficiency or effectiveness,”

Page 51, line 12, after “force” insert “and in the interests of efficiency or effectiveness”

Page 53, line 39, at end insert—

“( ) In sub-paragraph (1) omit “from time to time” and insert “on a regular basis or as often as he deems necessary”.”

Page 54, line 19, at end insert—

“( ) After sub-paragraph (3) insert—

“(3A) Any inspection programme or framework must include a review of the extent to which each chief constable is meeting the obligations of the strategic policing requirement.””

Page 146, line 15, leave out paragraph 5

Page 149, line 28, at end insert—

“(d) the views of the police and crime panel for the area in question established under the Police Reform and Social Responsibility Act 2011”

Insert the following new Clause—

“Application of health and safety enactments to police

(1) No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties.

(2) No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others.

(3) A police officer in the execution of the officer’s duty who believes that an action or actions are necessary—

(a) to prevent crime,

(b) to prevent risk to the health and welfare of others, or

(c) to save the lives of others,

shall not be prevented from taking that action or actions by the intervention of any other public official, of whatever rank, who alleges that there is a health and safety risk to the officer.

(4) It shall be an offence for any public official to obstruct a police officer in the execution of the officer’s duty when the officer has decided under subsection (3) that an action or actions are necessary.

(5) A police officer who has come to a decision under subsection (3) shall have no authority to compel others to join with the officer in the action or actions.

(6) Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed.

(7) Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996 (police areas).

(8) A breach of the guidance issued under subsection (7) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action.

(9) A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (7).”

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.”

Insert the following new Schedule—

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 (imposition 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—

(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—

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement, the officer may arrest the offender and must 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”.”

Insert the following new Schedule—

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 requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), 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 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

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, the officer may arrest the offender and must 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 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement”.

(3) After paragraph 5, insert—

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 the officer may arrest the offender and must 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—

Page 65, line 21, at end insert—

““shadow period” means the period of one year provided by section (Shadow operation) in respect of each police area”

Page 67, line 17, after “area” insert “or in an adjoining area”

Page 67, line 24, after “who” insert “live, or are involved in a business, in the relevant licensing authority’s area or in an adjoining area and”

Viscount Astor gives notice of his intention to oppose the Question that Clause 106 stand part of the Bill.

Page 70, line 23, leave out subsection (2)

Viscount Astor gives notice of his intention to oppose the Question that Clause 120 stand part of the Bill.

Page 85, leave out line 3

Page 87, line 44, at end insert—

“( ) The review must also assess the impact of those sections on the incidence of drink driving.

( ) If the review indicates that those sections have contributed to an increase in drink driving, the Secretary of State shall—

(a) make regulations under section 11 of the Road Traffic Act 1988 (interpretation of sections 4 to 10) to lower the prescribed limits of alcohol in breath, blood and urine; and

(b) undertake to make it an offence for drivers who have held licences for two years or less to drive or attempt to drive with any level of alcohol in their breath, blood or urine.”

Insert the following new Clause—

Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), after paragraph 24 insert—

24A (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 makes 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.”

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.”

Insert the following new Clause—

“Licensed Premises Cumulative Impact (saturation) Policies

(1) Local authorities must comply with their local Licensed Premises Cumulative Impact (saturation) Policies when granting any licence for premises for the sale of alcohol.

(2) Each local authority shall review their Licensed Premises Cumulative Impact (saturation) Policies at least every three years, to take account of changing patterns of consumption, accidental injuries, antisocial behaviour, violence and aggression data as collected by local health, social care and public order bodies.

(3) Licences shall not be granted for sales of alcohol on petrol filling station forecourts.”

Insert the following new Clause—

“Police power of containment

(1) If the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London has cause to believe that the activities of one or more persons in a group of 100 or more persons in Parliament Square or in an area of London within 3 miles of Parliament Square may—

(a) pose a risk to the safety of persons in the area or outside it, or

(b) cause damage to property,

either Commissioner may contain all of the group in Parliament Square or any other area until such time as the Commissioner concludes that the risk to persons and property has diminished to such an extent that it is safe to let people leave the contained area.

(2) It is not necessary for all or a majority of persons in the group of 100 or more to be engaged in the activity or activities that lead the Commissioner to exercise the power in subsection (1).

(3) It is not necessary for violence to persons or damage to property to have occurred for the Commissioner to exercise the power in subsection (1).

(4) Containment under subsection (1) shall not exceed a period of 18 hours from the time that the Commissioner concludes that the containment is necessary.

(5) Preparations made by the Commissioner in anticipation that containment may be necessary shall not be counted in the time limit in subsection (4).

(6) The Commissioner, in deciding that containment is necessary, shall ensure processes are in place to allow persons in the contained group to leave the containment at the Commissioner’s discretion.

(7) The Commissioner shall ensure processes are in place for arresting and charging those within the contained group whom the Commissioner believes have committed a criminal offence.

(8) Containment of persons or a group of persons under subsection (1) shall not be a breach of any human rights enactment.

(9) It shall not be the duty of the Commissioner to provide any amenities or sustenance for persons in the contained group; and failure to provide the same shall not be a breach of any human rights enactment nor give rise to a legal action.

(10) The powers and obligations of the Commissioner of Police of the Metropolis in this section may be exercised by the Deputy Commissioner of Police of the Metropolis, an Assistant Commissioner of Police of the Metropolis or a Commander.

(11) The powers and obligations of the Commissioner of Police for the City of London in this section may be exercised by the Assistant Commissioner of Police for the City of London or by the Commander of Police for the City of London.”

Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 153 stand part of the Bill.

Page 102, line 19, leave out from “applies” to end of line 20 and insert—

“(a) a justice of the peace shall apply to the Director of Public Prosecutions for advice on the advisability of granting the warrant or summons,

(b) no warrant or summons shall be issued under this section without taking into account any advice given by the Director of Public Prosecutions”

Page 102, leave out line 20 and insert “unless the Director of Public Prosecutions has been given prior notice that an information has been laid.

(4AA) The Director of Public Prosecutions may submit to the Court advice concerning the issuing of a warrant or summons and shall be allowed to appear before the Court in respect of this.”

Insert the following new Clause—

“Annual war crimes report

(1) The Secretary of State shall each year lay before Parliament a war crimes report.

(2) The war crimes report must contain information on the investigation by police forces and the prosecution of persons present in the United Kingdom suspected of having committed a relevant offence, and in particular—

(a) the number of persons investigated and prosecuted for relevant offences,

(b) the country where the relevant offences are suspected to have been committed,

(c) any legal proceedings other than prosecution of those persons (for example, proceedings relating to immigration or residence), and

(d) whether any of those persons have been prosecuted for any other offence.

(3) The war crimes report must contain information on any assistance provided to any country or person in respect of the investigation and prosecution outside the United Kingdom of relevant offences, in particular—

(a) assistance to the International Criminal Court in accordance with the International Criminal Court Act 2001, and

(b) assistance to any international criminal tribunal with jurisdiction over relevant offences.

(4) The Secretary of State may omit from the war crimes report any information which ought not to be disclosed—

(a) in the interests of national security,

(b) because it relates to an individual and is of a sensitive personal nature,

(c) because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.

(5) In this section “relevant offences” means—

(a) war crimes, crimes against humanity and genocide within the meaning of section 50 of the International Criminal Court Act 2001, and

(b) torture within the meaning of section 134 of the Criminal Justice Act 1988.”

Page 103, line 39, after “under” insert “section (Pilot schemes) or”

Page 103, line 39, at end insert “or (Pilot schemes (No. 2))(3)”

Page 103, line 40, after “section” insert “(Memorandum of understanding: operational independence)”

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

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.”

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 (HMIC) has conducted an inquiry into, and published a report on, the expected impact of the 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.”

Page 104, line 29, at end insert—

“(2B) An order may not be made under subsection (1) to commence section 1 until the requirements in section (Pilot schemes (No. 3)) have been satisfied.”

Page 104, line 39, at end insert—

“( ) Chapter 6 shall come into force in accordance with section (Pilot schemes (No. 2)).”