Police Reform and Social Responsibility Bill

307: After Clause 151, insert the following new Clause— ““Guidance issued under this Part (1) The Secretary of State shall issue guidance on— (a) prohibited activities under section 145; (b) directions under section 145(1); (c) seizure and retention of property under section 147; (d) authorisations for the operation of amplified noise equipment under section 149. (2) Guidance issued under subsection (1)(a) shall include— (a) further details defining the terms— (i) ““structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period””, (ii) ““sleeping equipment””, (iii) ““the purpose of sleeping or staying in that area””, and (iv) ““the purpose of sleeping overnight””; (b) guidance about the treatment of amplified noise equipment used by disabled persons for the purposes of communication. (3) Guidance issued under subsection (1)(b) shall include provision about— (a) the circumstances in which a direction under section 145(1) may be made; (b) the form of any direction given under section 145(1), in particular— (i) the circumstances when a direction or the variation of a direction must be in writing; (ii) the arrangements for the identification of a constable or authorised officer making a direction or variation of a direction; (iii) the appropriate duration of any direction or variation of a direction; and (iv) the requirements for notice and communication of a direction or a variation of a direction to the person or persons subject to such a direction. (4) Guidance issued under subsection (1)(c) shall include provision about the circumstances in which the powers under section 147(1) shall be exercised, in particular— (a) the identification and notification of the owner of any relevant prohibited item; and (b) the use of force by constables under section 147(4). (5) Guidance issued under subsection (1)(d) shall include provision about— (a) the criteria for withholding authorisation; (b) any exemptions from authorisation for equipment used by disabled persons for the purposes of communication; (c) the conditions which may be imposed by the responsible authority in connection with any authorisation; (d) the target timetables for processing applications for authorisation (including fast-track procedures for priority authorisation); (e) the form and manner of— (i) the application for authorisation, (ii) the notice of authorisation, and (iii) the notice of variation of any authorisation; (f) the maximum fee to be paid for determining any application. (6) Before issuing guidance under this section the Secretary of State must— (a) publish a draft of the proposed guidance; and (b) conduct a public consultation on the draft guidance. (7) In preparing draft guidance, the Secretary of State must, in particular, consult— (a) the metropolitan police force; (b) the Greater London Authority; (c) Westminster City Council; and (d) the Director of Public Prosecutions. (8) Guidance issued under this section must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.””