POLICING AND CRIME (carried over) Bill Session 2015 · PDF filePage 1 of 19 POLICING AND CRIME...

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POLICING AND CRIME (carried over) Bill Session 2015-16 and 2016-17

EVEL certification

7 March 2016 Second Reading (15 22, 24, March, 12 April 2016 PBC, 26 April 2016 Report day 1)

13 June 2016 Report day 2

10 January 2017 Lords Amendments

Clause Bill 134

Clause title EVEL at 2R

Clause Bill 3

Clause title EVEL at report

Clause HLB55

Clause title LAs EVEL LAs

TBC Act Section

1 Collaboration agreements E 1 Collaboration agreements E 1 Collaboration agreements

2 Duties in relation to collaboration agreements

E 2 Duties in relation to collaboration agreements

E 2 Duties in relation to collaboration agreements

1 E

3 Collaboration agreements: specific restrictions

E 3 Collaboration agreements: specific restrictions

E 3 Collaboration agreements: specific restrictions

2 E

4 Collaboration agreements: supplementary

E 4 Collaboration agreements: supplementary

E 4 Collaboration agreements: supplementary

3 E

5 Collaboration agreements: definitions

E 5 Collaboration agreements: definitions

E 5 Collaboration agreements: definitions

6 Provision for police and crime commissioner to be fire and rescue authority

E 6 Provision for police and crime commissioner to be fire and rescue authority


7 Involvement of police and crime commissioner in fire and rescue authority

E 7 Involvement of police and crime commissioner in fire and rescue authority

E&W

7

Involvement of police and crime commissioner in fire and rescue authority

4 E&W /E*

8 Combined authority mayors: exercise of fire and rescue functions NC22 added in PBC

E 8 Combined authority mayors: exercise of fire and rescue functions

8 The London Fire Commissioner

E 9 The London Fire Commissioner


5 to 22

E

9 Transfer of property, rights and liabilities to the London Fire Commissioner

E 10 Transfer of property, rights and liabilities to the London Fire Commissioner

E 10 Transfer of property, rights and liabilities to the London Fire Commissioner

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

11 Inspection of fire and rescue services NC48 added on Report day 2

Fire safety inspections 23 E

10 Local policing bodies: functions in relation to complaints

E&W 11 Local policing bodies: functions in relation to complaints

E&W 12 Local policing bodies: functions in relation to complaints

11 Definition of police complaint E&W 12 Definition of police complaint E&W 13 Definition of police complaint

12 Duty to keep complainant and other interested persons informed

E&W 13 Duty to keep complainant and other interested persons informed

E&W 14 Duty to keep complainant and other interested persons informed

13 Complaints, conduct matters and DSI matters: procedure

E&W 14 Complaints, conduct matters and DSI matters: procedure


14 Initiation of investigations by IPCC negatived in PBC

E&W 15 Initiation of investigations by IPCC NC1 added in PBC

E&W 16 Initiation of investigations by IPCC

15 IPCC power to require re-investigation

E&W 16 IPCC power to require re-investigation

E&W 17 IPCC power to require re-investigation

17 Sensitive information received by IPCC: restriction on disclosure NC2 added in PBC

18 Sensitive information received by IPCC: restriction on disclosure

18 Investigations by IPCC: powers of seizure and retention NC24 added in PBC

E&W 19 Investigations by IPCC: powers of seizure and retention

19 References to England and Wales in connection with IPCC functions NC23 added in PBC

20 References to England and Wales in connection with IPCC functions

16 Oversight functions of local policing bodies

E&W 20 Oversight functions of local policing bodies

E&W 21 Oversight functions of local policing bodies

17 Delegation of functions by local policing bodies

E&W 21 Delegation of functions by local policing bodies

E&W 22 Delegation of functions by local policing bodies

22 Transfer of staff to local policing bodies NC25 added in PBC

E&W 23 Transfer of staff to local policing bodies

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

18 Power to make super-complaints

E&W 23 Power to make super-complaints

E&W 24 Power to make super-complaints

19 Bodies who may make super-complaints

E&W 24 Bodies who may make super-complaints

E&W 25 Bodies who may make super-complaints

20 Regulations about super-complaints

E&W 25 Regulations about super-complaints

E&W 26 Regulations about super-complaints

Inquiry into complaints alleging corrupt relationships between police and newspaper organisations

24 E&W

21 Investigations by the IPCC: whistle-blowing

E&W 26 Investigations by the IPCC: whistle-blowing

E&W 27 Investigations by the IPCC: whistle-blowing

25 to 29

E&W

22 Disciplinary proceedings: former members of police forces and former special Constables

27 Disciplinary proceedings: former members of police forces and former special Constables Amdt 145 in PBC certified on Report day 2

28 Disciplinary proceedings: former members of police forces and former special constables

30 to 33

23 Police barred list and police advisory list

E&W 28 Police barred list and police advisory list

E&W 29 Police barred list and police advisory list

34 E&W

24 Appeals to Police Appeals Tribunals



35 E&W†

25 Guidance concerning disciplinary proceedings and conduct etc

E&W 30 Guidance concerning disciplinary proceedings and conduct etc

E&W 31 Guidance concerning disciplinary proceedings and conduct etc

31 Office for Police Conduct NC26 added in PBC

E&W 32 Office for Police Conduct 36 to 39

E&W

32 Exercise of functions NC27 added in PBC

E&W 33 Exercise of functions

34 Public Records NC30 added on Report day 2

40 to 42

E&W

26 Powers of inspectors to obtain information, access to police premises etc



43 to 45

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

27 Inspectors and inspections: miscellaneous



46

28 Powers of police civilian staff and police volunteers



36 Application of Firearms Act 1968 to the police: special constables and volunteers NC31 added on Report day 1

38 Application of Firearms Act 1968 to the police: special constables and volunteers

29 Training etc of police volunteers

E&W 37 Training etc of police volunteers

E&W 39 Training etc of police volunteers

30 Police volunteers: complaints and disciplinary matters

E&W 38 Police volunteers: complaints and disciplinary matters

E&W 40 Police volunteers: complaints and disciplinary matters

47 E&W

31 Police volunteers: police barred list and police advisory list

E&W 39 Police volunteers: police barred list and police advisory list

E&W 41 Police volunteers: police barred list and police advisory list

40 Police volunteers: inspection NC32 added on Report day 1

42 Police volunteers: inspection

32 Restrictions on designated persons acting as covert human intelligence sources

E&W 41 Restrictions on designated persons acting as covert human intelligence sources

E&W 43 Restrictions on designated persons acting as covert human intelligence sources

33 Further amendments consequential on section 28 etc



34 Removal of powers of police in England and Wales to appoint traffic wardens

E&W 43 Removal of powers of police in England and Wales to appoint traffic wardens

E&W 45 Removal of powers of police in England and Wales to appoint traffic wardens

35 Power to make regulations about police ranks



36 Section 35: consequential amendments

E&W 45 Section 44: consequential amendments


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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

37 Duties of Police Federation for England and Wales in fulfilling its purpose

E&W 46 Duties of Police Federation for England and Wales in fulfilling its purpose

E&W 48 Duties of Police Federation for England and Wales in fulfilling its purpose

38 Freedom of Information Act etc: Police Federation for England and Wales



39 Removal of references to ACPO

E&W 48 Removal of references to ACPO


40 Arrest elsewhere than at a police station: release before charge

E&W 49 Arrest elsewhere than at a police station: release before charge

E&W 51

Arrest elsewhere than at a police station: release before charge




42 Release from detention at a police station

E&W 51 Release from detention at a police station

E&W 53 Release from detention at a police station

43 Release following arrest for breach of bail etc

E&W 52 Release following arrest for breach of bail etc

E&W 54 Release following arrest for breach of bail etc

44 Release from further detention at police station

E&W 53 Release from further detention at police station

E&W 55 Release from further detention at police station

45 Warrants of further detention: release

E&W 54 Warrants of further detention: release

E&W 56 Warrants of further detention: release

46 Meaning of “pre-conditions for bail”

E&W 55 Meaning of “pre-conditions for bail”

E&W 57 Meaning of “pre-conditions for bail”

56 Release without bail: fingerprinting and samples NC3 added in PBC

E&W 58 Release without bail: fingerprinting and samples

57 Release under section 24A of the Criminal Justice Act 2003 NC4 added in PBC

E&W 59 Release under section 24A of the Criminal Justice Act 2003

47 Bail before charge: condition of bail etc

E&W 58 Bail before charge: conditions of bail etc

E&W 60 Bail before charge: conditions of bail etc

48 Limit on period of bail under section 30A

E&W 59 Limit on period of bail under section 30A

E&W 61 Limit on period of bail under section 30A

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

49 Limits on period of bail without charge under Part 4 of PACE

E&W 60 Limits on period of bail without charge under Part 4 of PACE

E&W 62 Limits on period of bail without charge under Part 4 of PACE

48 to 50

E&W




51 Release under provisions of PACE: re-arrest

E&W 62 Release under provisions of PACE: re-arrest

E&W 64 Release under provisions of PACE: re-arrest

63 Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted NC5 added in PBC

E&W 65 Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

64 Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted NC6 added in PBC

E&W 66 Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted

65 Offence of breach of pre-charge bail conditions relating to travel NC41 added in PBC

67 Offence of breach of pre-charge bail conditions relating to travel

51

66 Offence of breach of pre-charge bail conditions relating to travel: Interpretation NC42 added in PBC

68 Offence of breach of pre-charge bail conditions relating to travel: interpretation

69 Retention of fingerprints and DNA profiles: PACE NC49 added on Report day 2

70 Retention of fingerprints and DNA profiles: Terrorism Act 2000 NC50 added on Report day 2

52 PACE: entry and search of premises for the purpose of arrest

E&W 67 PACE: entry and search of premises for the purpose of arrest

E&W 71 PACE: entry and search of premises for the purpose of arrest

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

53 PACE: treatment of those aged 17

E&W 68 PACE: treatment of those aged 17

E&W 72 PACE: treatment of those aged 17

54 PACE: detention: use of live links

E&W 69 PACE: detention: use of live links

E&W 73 PACE: detention: use of live links

55 PACE: interviews: use of live links

E&W 70 PACE: interviews: use of live links

E&W 74 PACE: interviews: use of live links

56 PACE: audio recording of interviews



PACE: duty to notify person interviewed that not to be prosecuted

52 E&W

57 PACE: consultation on codes of practice

E&W 72 PACE: consultation on codes of practice

E&W 76 PACE: consultation on codes of practice

58 Definition of “appropriate adult” in criminal justice legislation

E&W 73 Definition of “appropriate adult” in criminal justice legislation

E&W 77 Definition of “appropriate adult” in criminal justice legislation

59 Extension of powers under sections 135 and 136 of the Mental Health Act 1983

E&W 74 Extension of powers under sections 135 and 136 of the Mental Health Act 1983

E&W 78 Extension of powers under sections 135 and 136 of the Mental Health Act 1983

60 Restrictions on places that may be used as places of safety

E&W 75 Restrictions on places that may be used as places of safety

E&W 79 Restrictions on places that may be used as places of safety

61 Periods of detention in places of safety etc

E&W 76 Periods of detention in places of safety etc

E&W 80 Periods of detention in places of safety etc

77 Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983 NC28 added in PBC

E&W 81 Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983

62 Application of maritime enforcement powers: general



53

63 Restriction on exercise of maritime enforcement powers



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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

64 Hot pursuit of ships in Scotland or Northern Ireland waters



54, 55

65 Restriction on exercise of maritime enforcement powers in hot pursuit



56

66 Power to stop, board, divert and detain



67 Power to search and obtain information



68 Power of arrest and seizure 84 Power of arrest and seizure 88 Power of arrest and seizure

69 Maritime enforcement powers: supplementary: protective searches



70 Maritime enforcement powers: other supplementary provision



71 Maritime enforcement powers: offences



72 Maritime enforcement powers: code of practice



73 Interpretation 89 Interpretation 93 Interpretation 57, 58

90 Application of maritime enforcement powers [in connection with Scottish offences]: general NC29 added in PBC


59

91 Restriction on exercise of maritime enforcement powers [in connection with Scottish offences] NC30 added in PBC


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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

92 [Exercise of maritime enforcement powers in] hot pursuit [in connection with Scottish offences] of ships in England and Wales or Northern Ireland waters NC 31 added in PBC

96 Hot pursuit of ships in England and Wales or Northern Ireland waters

60, 61

93 Restriction on exercise of maritime enforcement powers in hot pursuit [in connection with Scottish offences] NC32 added in PBC


62

94 Power to stop, board, divert and detain [in connection with Scottish offences] NC33 added in PBC


95 Power to search and obtain information [in connection with Scottish offences] NC34 added in PBC


96 Power of arrest and seizure [in connection with Scottish offences] NC35 added in PBC

100 Power of arrest and seizure

97 Maritime enforcement powers [in connection with Scottish offences]: supplementary: protective searches NC36 added in PBC

101 Maritime enforcement powers: supplementary : protective searches

98 Maritime enforcement powers [in connection with Scottish offences]: other supplementary provision NC37 added in PBC


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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

99 Maritime enforcement powers [in connection with Scottish offences]: obstruction etc NC38 added in PBC


100 [Maritime enforcement powers [in connection with Scottish offences]: interpretation NC39 added in PBC

104 Interpretation 63, 64

Application of maritime enforcement powers: general

65

Restriction on exercise of maritime enforcement powers

66

Power to stop, board, divert and detain

67

Power to search and obtain information

68

Power of arrest and seizure 69

Maritime enforcement powers: supplementary : protective searches

70

Maritime enforcement powers: other supplementary provision

71

Maritime enforcement powers: offences

72

Interpretation 73

105 Extension of cross-border powers of arrest: urgent cases NC51 added on Report day 2

74 to 92

106 Cross-border enforcement: powers of entry to effect

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

arrest NC52 added on Report day 2

Cross-border enforcement: officers of Revenue and Customs

93

107 Cross-border enforcement: minor and consequential amendments NC53 added on Report day 2

Powers to require removal of disguises: oral authorisation

94 E&W

74 Term of office of deputy police and crime commissioners

E&W 101 Term of office of deputy police and crime commissioners

E&W 108 Term of office of deputy police and crime commissioners

75 Eligibility of deputy police and crime commissioners for election

E&W 102 Eligibility of deputy police and crime commissioners for election

E&W 109 Eligibility of deputy police and crime commissioners for election

Deputy Mayor for Policing and Crime as member of local authority

95 E

76 Amendments to the names of police areas

E&W 103 Amendments to the names of police areas

E&W 110 Amendments to the names of police areas

Police and crime commissioners: parity of funding at inquests

96 E&W

77 Firearms Act 1968: meaning of “firearm” etc.



97 to 100

78 Firearms Act 1968: meaning of “antique firearm”



101 to 106

79 Possession of articles for conversion of imitation firearms



of 19

Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

107 Controls on defectively deactivated weapons NC40 added in PBC

114 Controls on defectively deactivated weapons

107 to 110

Controls on ammunition which expands on impact

111

Authorised lending and possession of firearms for hunting etc

112

Limited extension of firearm certificates etc

113

80 Applications under the Firearms Acts: fees



81 Guidance to police officers in respect of firearms



Possession of pyrotechnic articles at musical events

114 E&W

82 Meaning of “alcohol”: inclusion of alcohol in any state

E&W 110 Meaning of “alcohol”: inclusion of alcohol in any state

E&W 117 Meaning of “alcohol”: inclusion of alcohol in any state

83 Interim steps pending review: representations

E&W 111 Interim steps pending review: representations

E&W 118 Interim steps pending review: representations

84 Summary reviews of premises licences: review of interim steps

E&W 112 Summary reviews of premises licences: review of interim steps

E&W 119 Summary reviews of premises licences: review of interim steps

115 E&W

85 Personal licences: licensing authority powers in relation to convictions



116

86 Licensing Act 2003: addition of further relevant offences



87 Licensing Act 2003: guidance E&W 115 Licensing Act 2003: guidance E&W 122 Licensing Act 2003: guidance

Cumulative impact assessments

117 E&W

Late night levy requirements 118 E&W

88 Interpretation 116 Interpretation 123 Interpretation

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

89 Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment



90 Other offences: maximum term of imprisonment



91 Power to impose monetary penalties



92 Monetary penalties: procedural rights



119

93 Monetary penalties: bodies corporate and unincorporated associations



94 Monetary penalties: supplementary



95 Deferred prosecution agreements



96 Serious crime prevention orders



97 Implementation of UN financial sanctions Resolutions: temporary regulations



98 Content of regulations under section 97



99 Linking of UN financial sanctions Resolutions with EU financial sanctions



100 Implementation of UN financial sanctions Resolutions: temporary listing Power to extend to Channel Islands etc



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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

101 Extension to the Channels Islands, Isle of Man and BOTs



120, 121

102 Power to enter into police collaboration agreements



103 Powers of NCA officers in relation to customs matters



104 Requirement to state nationality



105 Requirement to produce nationality document



122

Pilot schemes 123

106 Requirement to give information in criminal proceedings



142 Powers to seize etc. invalid travel documents NC54 added on Report day 2

Posthumous pardons for convictions etc of certain abolished offences: England and Wales

124

Other pardons for convictions etc of certain abolished offences: England and Wales

125

Power to provide for disregards and pardons for additional abolished offences: England and Wales

126

Sections (Posthumous pardons for convictions etc of certain abolished offences: England and Wales) to (Power to provide for disregards and

127

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

pardons for additional abolished offences: England and Wales): supplementary

Disregarding certain convictions etc for abolished offences: Northern Ireland

128

Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland

129

Other pardons for convictions etc of certain abolished offences: Northern Ireland

130

Power to provide for disregards and pardons for additional abolished offences: Northern Ireland

131

Sections (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) to (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland): supplementary

132

143 Anonymity of victims of forced marriage NC55 added on Report day 2

Anonymity of victims of forced marriage: Northern Ireland

133

Sentencing for stalking offences

134 + (a) in

E&W

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

lieu of 134

107 Child sexual exploitation : streaming indecent images

E&W 135 Child sexual exploitation : streaming indecent images

E&W 144 Child sexual exploitation : streaming indecent images

145 Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults NC56 added on Report day 2

Coroners’ investigations into deaths: meaning of “state detention”

135 E&W

Police observance of the Victims’ Code: enforcement

136 E&W

Police etc. provision for victims’ entitlement: framework

137 E&W

Police etc. training on treatment of victims: strategy

138 E&W

Training on treatment of victims: duty to report

139 E&W

Statutory duty on elected local policing bodies

140 E&W

Duties of the Commissioner for Victims and Witnesses

141 E&W

Homicide reviews 142

146 Powers of litter authorities in Scotland NC57 added on Report day 2

108 Consequential amendments, repeals and revocations



109 Financial provision 137 Financial provision 148 Financial provision

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Clause Bill 134


Clause Bill 3


Clause HLB55


TBC Act Section

110 Extent 138 Extent 149 Extent 143 to 155

111 Commencement 139 Commencement 150 Commencement 156 to 169

112 Short title 140 Short title 151 Short title

SCHEDULES

Schedule Bill 134

Schedule title EVEL at 2R

Schedule Bill 3

Schedule title EVEL at report

Schedule HLB55

Schedule title LAs EVEL LAs

TBC Act Schedule

1 Provision for police and crime commissioner to be fire and rescue authority



170 to 223

E

2 The London Fire Commissioner



224 to 235

E

3 Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004 NS1 added on Report day 2

236 to 238

3 Amendments consequential on the amended definition of police complaint

E&W 3 Amendments consequential on the amended definition of police complaint

E&W 4 Amendments consequential on the amended definition of police complaint

4 Complaints, conduct matters and DSI matters: procedure



5 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

E&W 5 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

E&W 6 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

239, 240 E&W

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Schedule Bill 134


Schedule Bill 3


Schedule HLB55


TBC Act Schedule

6 Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary NS1 added in PBC

7 Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary

241, 242

6 Part to be inserted as Part 4A of the Police Act 1996

E&W 7 Part to be inserted as Part 4A of the Police Act 1996

E&W 8 Part to be inserted as Part 4A of the Police Act 1996

243 to 246

E&W

8 Office for Police Conduct NS2 added in PBC

E&W 9 Office for Police Conduct 247 to 286

E&W‡

7 Schedule to be inserted as Schedule 3B to the Police Reform Act 2002



287

8 Schedule to be inserted as Schedule 3C to the Police Reform Act 2002



288 to 290

9 Powers of civilian staff and volunteers: further amendments



291

10 Abolition of office of traffic warden

E&W 12 Abolition of office of traffic warden

E&W 13 Abolition of office of traffic warden

11 Removal of references to ACPO



Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994

292

Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994

293

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Schedule Bill 134


Schedule Bill 3


Schedule HLB55


TBC Act Schedule

15 Cross-border enforcement: minor and consequential Amendments NS2 added on Report day 2

294 to 298

Late night levy requirements 299 E&W

12 Amendments where NCA is party to police collaboration



TITLE

— (long) Title n/a — (long) Title n/a — (long) Title 300 to 307 + (a) in lieu of 305

n/a —

* As a result of Lords Amendment 4, Clause 7 (Involvement of police and crime commissioner in fire and rescue authority), formerly certified in relation to England &

Wales, now relates only to England.

† As a result of Lords Amendment 35, Clause 30 (Appeals to Police Appeals Tribunals) which was not previously certified, now relates to England & Wales on matters within

devolved legislative competence.

‡As a result of Lords Amendment 286, the whole of Schedule 9 (Independent Office for Police Conduct), previously certified in relation to England & Wales, no longer falls

within devolved legislative competence.

Notes: Bill 134 as first printed on introduction in 2015-16 Session

Bill 3 as carried over into 2016-17 Session, as amended in Public Bill Committee and on Report day 1

HLB 155 as first printed for the Lords, including amendments made in the Commons on Report day 2: this is the version to which Lords Amendments refer

Liam Laurence Smyth, Clerk of Legislation

9 January 2017

POLICING AND CRIME (carried over) Bill Session 2015 · PDF filePage 1 of 19 POLICING AND CRIME...

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