New Clause 15 - Power to amend Chapter 1 of Part 4
Police Reform Bill [Lords]
4:45 pm
'(1) The Secretary of State may by order modify the provisions of Schedule 4 or 5—
(a) by adding powers or duties to the powers and duties specified in either of those Schedules;
(b) by otherwise amending, or by repealing, a provision of either of those Schedules.
(2) An order under this section may make provision for such modifications of any enactment (whenever passed) as appear to the Secretary of State to be appropriate for the purpose of facilitating the exercise or performance of any power or duty the capacity to confer or impose which arises by virtue of an order under this section.
(3) The provision that may be made by an order under this section includes—
(a) provision adding powers and duties to Schedule 4 by means of the addition of a new Part to that Schedule; and
(b) provision which, for that purpose, adds to the descriptions of officers contained in subsection (2) or (3) of section 35 and makes consequential amendments of subsection (6) of that section.
(4) Nothing in this section shall authorise an addition to the powers that may be conferred on any person under section 35, (Police powers for contracted-out staff) or 37 so as to include (so far as they are not already specified in Schedule 4 or, as the case may be, 5)—
(a) any power to arrest or detain persons;
(b) any power otherwise than in the company of a constable to enter any premises without the consent of the occupier of the premises; or
(c) any power that is not already conferred by or under any enactment on constables or on persons of another description specified by or under that enactment.
(5) Subsection (4)(a) shall not be construed as preventing paragraph 1A of Schedule 4 from applying in a case in which a designated person has reason to believe that a person has committed an offence that is capable of being a relevant offence for the purposes of paragraph 1 of that Schedule by reason only of an order under this section.
(6) Before making an order under this section, the Secretary of State shall consult with—
(a) persons whom he considers to represent the interests of police authorities;
(b) persons whom he considers to represent the interests of chief officers of police;
(c) persons whom he considers to represent the interests of local authorities; and
(d) such other persons as he thinks fit.
(7) For the purposes of subsection (6)(c), ''local authorities'' means district councils, London borough councils, county councils in Wales, county borough councils, the Common Council of the City of London and the Council of the Isles of Scilly.
(8) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.'.—[Mr. Denham.]
Brought up, and read the First time.