HL Deb 18 July 1994 vol 557 cc50-1

87 Schedule 5, page 76, line 4, leave out 'established by or'.

88Page 76, line 12, leave out from '(1)' to end of line 17 and insert 'for the words "he has been" onwards there shall be substituted—

  1. "(a) he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as toe case may be, to give his authority for its exercise, or
  2. (b) he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.".'.

89 Page 76, line 42, at end insert:

'Tribunals and Inquiries Act 1992

In section 7 of the Tribunals and Inquiries Act 1992 (which restricts Ministers' powers to remove members of tribunals listed in Schedule 1 to that Act), in subsection (2) (tribunals to which that section does not apply)—

  1. (a) after "36(a)," there shall be inserted "36A,", and
  2. (b) for the words "or 56(a)" there shall be substituted the words", 56(a) or 57A".

.—(1) Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows.

(2) In Part I (tribunals under the direct supervision of the Council), after paragraph 36 there shall be inserted—

"Police 36A. An appeals tribunal constituted in accordance with Schedule 5 to the Police Act 1964 (c. 48)."

(3) In Part II (tribunals under the supervision of the Scottish Committee of the Council), after paragraph 57 there shall be inserted—

"Police 57A. An appeals tribunal constituted in accordance with Schedule 3 to the Police (Scotland) Act 1967 (c. 77)." '

90Schedule 6, page 77, line 18, leave out 'member of a police force' and insert 'constable'.

91Page 77, line 19, leave out 'three' and insert 'four'.

92Page 77, line 23, leave out 'and'.

93Page 77, line 27, at end insert '; and (d) one shall be a retired constable of appropriate rank.'.

94Page 77, line 35, at end insert:

'Casting vote

. Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.'.

95Page 77, line 42, leave out 'member of a police force' and insert 'constable'.

96 Page 77, line 42, leave out 'counsel' and insert 'an advocate'.

97 Page 77, line 43, leave out 'an officer of a police force or of the police authority' and insert 'a constable of the force maintained by, or an officer of, the relevant police authority'.

98 Page 77, line 44, leave out 'counsel' and insert 'an advocate'.

99 Page 78, line 31, leave out 'member of a police force' and insert 'constable'.

100 Page 78, line 32, leave out 'and'.

101 Page 78, line 34, leave out 'member' and insert 'constable'.

102 Page 78, line 35, at end insert '; and (c) "retired constable of appropriate rank" means—

  1. (i) where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and
  2. (ii) in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.".'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 87 to 102.—(Earl Ferrers.)

Moved, That the House do agree with the Commons in their Amendments Nos. 87 to 102.—(Earl Ferrers.)

On Question, Motion agreed to.