Clause 35 - Police powers for police authority employees
Police Reform Bill [Lords]
6:15 pm
Mr Win Griffiths (Bridgend, Labour)
With this it will be convenient to take the following amendments: No. 140, in page 34, line 6, at beginning insert—
'Subject to subsections (9A) to (9H) below,'.
No. 141, in page 34, line 15, at beginning insert—
'Subject to subsections (9A) to (9H) below,'.
No. 142, in page 35, line 13, at end insert—
'(9A) Before exercising his powers under this section, a chief officer of police of any police force or a Director General must submit to the police authority maintaining that force (the relevant police authority) or, as the case may be, the Service Authority a draft scheme (a ''designation scheme'') setting out—
(a) the purpose of the proposed designation scheme relating to the designation of persons under this section and the expected benefits for the policing of the area;
(b) how the designation scheme contributes to the 3 year strategy issued by the authority under section 6A of the Police Act 1996 and the local policing plan issued by the authority under section 8 of that Act or in the case of a Service Authority how the scheme contributes to the Service Plan issued by that authority under section 4 or section 50 of the Police Act 1997;
(c) the extent and nature of the powers he proposes to confer on designated persons;
(d) how the suitability and capability of persons to be designated under the scheme will be assessed;
(e) the arrangements for the provision of training to such designated persons;
(f) the arrangements for the provision of equipment to such designated persons and any health and safety implications of the proposals; and
(g) an estimate of the direct and ancillary costs of the scheme to the police fund kept by the police authority or, as the case may be, the service fund kept by the Service Authority.
(9B) The Chief Officer or Director General shall not exercise his powers under this section until the relevant police authority or Service Authority has approved a designation scheme for this purpose.
(9C) Before approving any scheme, or any modified or revised scheme, which differs from the draft scheme submitted by the chief officer or Director General, the relevant police authority or Service Authority shall consult the chief officer or Director General.
(9D) Before approving any such scheme, a police authority shall consider any views obtained by the authority in accordance with arrangements made under section 96 of the Police Act 1996.
(9E) Before approving any such scheme, a Service Authority shall consider any views obtained by it in accordance with arrangements made under sections 41 or 85 of the Police Act 1997.
(9F) The chief officer or Director General may from time to time submit to the relevant police authority or Service Authority a revised or modified scheme for its consideration.
(9G) After a scheme has been approved by the relevant police authority or Service Authority, the chief officer or Director General shall bring into force.
(9H) It shall be the responsibility of the relevant police authority or Service Authority which has approved any scheme under subsection (9B) above to undertake a full review of the workings of the scheme 12 months after it has come into force and in particular to—
(a) seek the views of the principal local authority for the area; and
(b) monitor the impact of the scheme on public confidence in the force maintained by that authority.'.
No. 98, in page 35, line 25, at end insert—
'(11) Any proposals by the chief officer of police under this section must have been included in his annual policing plan and have been approved by his police authority.'.