Schedule 15 — Minor and Consequential Amendments

Orders of the Day – in the House of Commons at 5:45 pm on 10 May 2006.

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Amendments made: No. 81, in page 139, line 35, at end insert—

' In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in subsection (7B)—

(a) for "released under subsection (7)(a)" there is substituted "dealt with under subsection (7)(a)";

(b) after "he is being released" there is inserted ", or (as the case may be) detained,".

(1) Section 37B of that Act (consultation with the Director of Public Prosecutions) is amended as follows.

(2) In subsection (1), for "released on bail under section 37(7)(a)" there is substituted "dealt with under section 37(7)(a)".

(3) In subsection (4), for "shall give written notice" there is substituted "shall give notice".

(4) After that subsection there is inserted—

"(4A) Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently."

(5) In subsection (8), for paragraph (a) there is substituted—

"(a) when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or"'.

No. 72, in page 144, line 2, at end insert—

'Police Act 1997 (c.50)

27A In section 94 of the Police Act 1997 (authorisations given in absence of authorising officer), for paragraph (a) of subsection (4) (meaning of "designated deputy") there is substituted—

"(a) in the case of an authorising officer within paragraph (a) of section 93(5), means—

(i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

(ii) the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;".'.

No. 73, in page 144, line 13, at end insert—

'Regulation of Investigatory Powers Act 2000 (c.23)

29A In section 34 of the Regulation of Investigatory Powers Act 2000 (grant of authorisations in senior officer's absence), for paragraph (a) of subsection (6) (meaning of "designated deputy") there is substituted—

"(a) in relation to the chief constable for a police force in England and Wales, means—

(i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

(ii) a person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act;

(aa) in relation to the chief constable for a police force in Scotland, means—

(i) a person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, or

(ii) a person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act;".'.

No. 74, in page 144, line 14, at end insert—

' In section 40 of the Police Reform Act 2002 (community safety accreditation schemes), subsection (7) is omitted.'.

No. 123, in page 149, line 25, at end insert—

'Constitutional Reform Act 2005 (c.4)

In section 8(4) of the Constitutional Reform Act 2005 (appointment of Head and Deputy Head of Criminal Justice), in paragraph (b) (person appointed must be ordinary judge of Court of Appeal), for "an ordinary judge" there is substituted "a judge".'.— [Mr. Byrne.]