HL Deb 14 May 1946 vol 141 cc178-83

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Westwood.)

On Question, Motion agreed to.

House in Committee accordingly:

(The EARL OF DROGHEDA in the Chair.)

Clause 1:

Voluntary schemes for amalgamation of police forces.

1.—(1) If it appears to the police authorities for any two or more police areas that it is expedient that those areas should be amalgamated for police purposes, they may for that purpose submit to the Secretary of State a scheme (hereinafter referred to as an "amalgamation scheme") and the Secretary of State may by order approve any scheme so submitted to him.

(5) The Secretary of State may by order provide for the incorporation of a joint police committee with perpetual succession and a common seal and for conferring on such a committee power to hold land, or to borrow money.

LORD WESTWOOD moved, in subsection (5), after "may," to insert "after consultation with the police authorities concerned." The noble Lord said: This is a drafting Amendment to make it clear that the police authorities concerned Will be consulted by the Secretary of State before he makes an Order conferring upon a joint police committee power to borrow money. The obligation to consult the police authorities will apply irrespective of whether the Joint Police Committee has been constituted by a voluntary or by a compulsory amalgamation scheme. I beg to move.

Amendment moved— Page 2, line 34, after ("may") insert ("after consultation with the police authorities concerned").—(Lord Westwood.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clause 2:

Power of Secretary of State to make amalgamation schemes.

2.—(I) Subject to the provisions of this section, if it appears to the Secretary of State that the expediency in the interests of efficiency of making an amalgamation scheme for any police areas should be considered and no scheme satisfactory to him has been submitted to him by the police authorities for those areas under section one of this Act the Secretary of State may in accordance with the subsequent provisions of this section by order make such scheme as he considers expedient, and the provisions of section one of this Act shall apply in relation to any such scheme as they apply in relation to schemes made under that section.

(2) Before making a scheme under this section the Secretary of State shall give to the police authorities concerned notice of the general nature of the proposed scheme; and unless those authorities give notice to the Secretary of State that they assent thereto, the Secretary of State shall cause a local inquiry to be held by a person appointed by him (not being an officer of police or of any government department), and the provisions of the Second Schedule to this Act 'shall have effect with regard to any such inquiry.

LORD WESTWOOD moved, in subsection (I), after "Act," where that word first occurs, to insert "before such date as he may fix." The noble Lord said: Clause 2 empowers the Secretary of State to make amalgamation schemes. Before agreeing to the use of this power the Secretary of State will give the police authorities every possible assistance in formulating voluntary amalgamation schemes under Clause 1. In the interests of efficiency, however, it may be necessary to set some time limit upon the preparation and submission of voluntary schemes and what this time limit should be will depend upon the circumstances of the particular case. The purpose of the Amendment is to assure that before the Secretary of State initiates the procedure for a voluntary scheme he will inform the police authorities concerned of the time limit which he has fixed in their case for the submission of a satisfactory voluntary scheme. I beg to move.

Amendment moved— Page 3, line 21, after ("Act") insert ("before such date as he may fix").—(Lord Westwood.)

On Question, Amendment agreed to.

LORD WESTWOOD moved, in subsection (2), after "shall," where that word first occurs, to insert "publish in one or more newspapers circulating in the areas of the authorities a notice of the general nature of the proposed scheme and shall." The noble Lord said: The Bill provides that where proposals made by the Secretary of State for the constitution of a joint police force are not acceptable to the police authorities concerned, a public inquiry is to be held. The purpose of the Amendment is to ensure that all persons interested have notice of the nature of the proposals which are the subject of the inquiry. I beg to move.

Amendment moved— Page 3, line 31, after ("shall") insert ("publish in one or more newspapers circulating in the areas of the authorities a notice of the general nature of the proposed scheme and shall").—(Lord Westwood.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clauses 3 to 10 agreed to.

Clause 11:

Provision of buildings and acquisition of land for police purposes by county and town councils, and joint police committees.

(2) A police authority or such a joint police committee as aforesaid may, with the consent of the Secretary of State purchase by agreement, or may be authorised by means of an order made by them and confirmed by the Secretary of State to purchase compulsorily, any land whether within or without their area which is required for the purposes of the power conferred by subsection (I) of this section.

(3) The following provisions of the Town and Country Planning (Scotland) Act, 1932, that is to say, Part III of the First Schedule, Part I of the Third Schedule (except paragraph 2 and sub-paragraph (iii) of paragraph 3) and paragraph 4 (except head (b) of subparagraph (i)) of Part II of that Schedule shall apply to an order under the last foregoing subsection with the substitution for any reference to the responsible authority of a reference to the council of a county or burgh or the joint police committee, and with any other necessary modifications.

(4) Nothing in this section shall authorise the compulsory acquisition of any land which is the site of an ancient monument or other object of archaeological interest or which belongs to any local authority or to any public undertakers within the meaning of the Housing (Scotland) Act, 1935; and where any land proposed to be acquired by means of a compulsory purchase order made in pursuance of this section is situate within such distance as may be prescribed by the Secretary of State from any of the royal palaces or parks the county or town council or the joint police committee shall, before submitting the order to the Secretary of State for confirmation, send a copy of it to the Minister of Works.

LORD WESTWOOD moved, in subsection (2), after "agreement," to insert "or take on lease." The noble Lord said: This is purely a drafting Amendment to make it clear that a police authority may acquire land or premises on lease as well as having the power to purchase. I beg to move.

Amendment moved— Page 9, line 40, after ("agreement") insert ("or take on lease").—(Lord Westwood.)

On Question, Amendment agreed to.

LORD WESTWOOD moved, in subsection (2), to leave out "by means of an order made by them and confirmed." The noble Lord said: The purpose of this and the following Amendment is to apply to the compulsory purchase of land under the present Bill the procedure recently enacted by the Acquisition of Land (Authorisation Procedure) Act, 1946. The intention, when the Police (Scotland) Bill was introduced, was to apply to compulsory purchase under it the standard procedure of the Acquisition of Land (Authorisation Procedure) Act, but as that Act had not then become law reference to it could not be made in the Bill. I beg to move.

Amendment moved— Page 9, line 40, leave out ("by means of an order made by them and confirmed").—(Lord Westwood.)

On Question, Amendment agreed to.

LORD WESTWOOD moved to leave out subsections (3) and (4) and insert ("(3) For the purposes of the Acquisition of Land (Authorisation Procedure) Act, 1946, the last foregoing subsection shall be deemed to have been in force immediately before the commencement of that Act.") The noble Lord said: I have already explained this Amendment. I beg to move.

Amendment moved— Page 10, line 1 leave out subsections (3) and (4) and insert the said new subsection.—(Lord Westwood.)

On Question, Amendment agreed to.

Clause 11, as amended, agreed to.

Clause 12:

Interpretation, etc.

12.—(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: Enactment" includes an order, regulation or other instrument having effect by virtue of an Act; Officer" includes a servant;

LORD WESTWOOD moved, in subsection (1), after "servant," to insert: 'Enactments relating to county police' and 'enactments relating to burgh police' mean enactments relating to the administration and maintenance of county and burgh police forces respectively. The noble Lord said: This is a drafting Amendment to remove any possible ambiguity as to the meaning of the expressions "enactments relating to county police" and "enactments relating to burgh police." I beg to move.

Amendment moved— Page 11, line 18, at end insert the said words.—(Lord Westwood.)

On Question, Amendment agreed to.

Clause 12, as amended, agreed to.

Remaining Clause agreed to.

First Schedule agreed to.

Second Schedule:

Provisions as to Inquiries.

1. The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

2. The person appointed to hold that inquiry shall notify the police authorities concerned and any other person appearing to him to be interested.

LORD WESTWOOD moved, at the end of paragraph 2, to insert "of the time when and the place where the inquiry is to be held." The noble Lord said: This is a drafting Amendment. Paragraph 2 of the Second Schedule requires the person by whom the local public inquiry is to be held to give notice to the police authorities concerned and to other persons interested. The Amendment makes it clear that the purpose of the notice is to specify the time and place of the inquiry.

Amendment moved— Page 13, line 34, at end insert the said words.—(Lord Westwood.)

On Question, Amendment agreed to.

Second Schedule, as amended, agreed to.

Remaining Schedules agreed to.