Crime and Courts Bill [HL]

REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
OF THE WHOLE HOUSE

The amendments have been marshalled in accordance with the Instruction of 12th June 2012, as follows—

Schedule 2
Clause 5
Schedule 3
Clauses 6 to 8
Schedule 4
Clause 9
Schedule 5
Clauses 10 and 11
Schedule 6
Clause 12
Schedule 7
Clauses 13 to 15
Schedule 8
Clauses 16 and 17
Schedules 9 to 11
Clause 18
Schedule 12
Clause 19
Schedule 13
Clauses 20 to 22
Clauses 24 to 26
Schedule 14
Clause 27
Schedule 15
Clause 23
Clause 28
Schedule 16
Clauses 29 to 31

[Amendments marked * are new or have been altered]

Schedule 2

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

28

Page 38, line 16, after “must” insert “by order”

29

Page 38, line 21, at end insert—

“( ) An order made under this paragraph is subject to a resolution of each House of Parliament.”

30

Page 38, line 30, leave out paragraph (b)

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

31

Page 38, line 33, at end insert—

“Consultation on framework document

The Secretary of State must, in preparing any framework document (including the protocols provided by paragraph 1), consult the persons referred to in section 5 and the persons referred to in Schedule 3 or their representatives and such other persons as she considers appropriate.”

32

Page 39, line 8, leave out from “published” to end of line 9

33

Page 39, line 31, leave out from “published” to “, and” in line 32

Clause 5

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

34

Page 4, line 30, at end insert—

“( ) Before making a request under subsection (1) the Director General must consult the Police and Crime Commissioner responsible for the totality of policing in that area.”

35

Page 4, line 39, at end insert—

“( ) Before making a request under subsection (3) a chief officer of a UK police force must notify the Police and Crime Commissioner responsible for the totality of policing in their area.”

36

Page 5, line 19, leave out subsection (9)

Schedule 3

LORD HENLEY

37

Page 41, line 1, leave out from “force” to end of line 2

38

Page 41, line 14, leave out from “force” to end of line 15

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

39

Page 43, leave out lines 5 to 14

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

40

Page 48, line 10, after “Schedule” insert “or Part 1 of Schedule 1”

41

Page 48, line 14, after “agreement,” insert “an amount provided by any protocol in effect agreed by or on behalf of the relevant persons, or in the absence of a protocol,”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

42

Page 48, line 15, leave out “Secretary of State” and insert “advisory panel on payments”

43

Page 48, line 16, leave out sub-paragraphs (2) to (4)

44

Page 48, line 33, at end insert—

“Advisory panel on payments

30 The Secretary of State must appoint an independent advisory panel on payments to determine the appropriate amount to be paid under paragraph 29(1)(b).”

Clause 7

LORD HENLEY

45

Page 6, line 11, at end insert—

“(4A) Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—

(a) the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or

(b) the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

(4B) Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

(4C) But an NCA officer may disclose the information if the disclosure is—

(a) to the Commissioners for Her Majesty’s Revenue and Customs,

(b) to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002 (confiscation: Scotland),

(c) to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or

(d) to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Clause 8

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

46

Page 6, line 37, at end insert—

“( ) The command of the NCA with main responsibility for discharging functions listed under subsections (1) and (2) shall be the Child Exploitation and Online Protection Centre (CEOP).

( ) CEOP shall be accountable to the NCA Board but shall operate independently of the direction of the Board.

( ) Any funds delegated by the NCA to CEOP shall be reserved for that purpose.”

Schedule 4

BARONESS DOOCEY

BARONESS HAMWEE

46A

Page 49, line 37, leave out paragraph 1

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

46B

Page 50, line 28, leave out “In any of” and insert “Including in”

46C

Page 51, line 41, after “treated,” insert “including”

Clause 9

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

47

Page 7, line 9, leave out “Secretary of State” and insert “NCA Board”

48

Page 7, line 19, leave out “Secretary of State” and insert “NCA Board”

49

Page 7, line 20, leave out “Secretary of State” and insert “NCA Board”

50

Page 7, line 24, leave out “Secretary of State” and insert “NCA Board”

Schedule 5

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

51

Page 54, line 31, leave out paragraph 5

LORD HENLEY

52

Page 55, line 23, at end insert “or a member of the Police Service of Northern Ireland Reserve”

53

Page 55, line 26, at end insert “or as a member of the Police Service of Northern Ireland Reserve”

Clause 11

BARONESS DOOCEY

BARONESS HAMWEE

54

Page 8, line 18, leave out “also”

55

Page 8, line 18, after “NCA” insert “at its discretion or”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

56

Page 8, line 32, at end insert—

“( ) In the Police Reform Act 2002, leave out section 10(1)(g) and insert—

“( ) to carry out functions in relation to the National Crime Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (2) of this subsection”.”

57

Page 8, line 35, leave out “may” and insert “must”

58

Page 8, line 39, leave out “may” and insert “must”

BARONESS DOOCEY

BARONESS HAMWEE

58A

Page 9, line 39, at end insert—

“( ) In the Police Reform Act 2002, in section 105(3) insert—

“(c) any regulations under section 26C”.”

Schedule 6

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

58B

Page 65, line 12, after “Schedule 7” insert “other than paragraph 1”

Clause 12

LORD HENLEY

59

Page 10, line 15, after “officer” insert “, and any power of an NCA officer to disclose information,”

Schedule 7

LORD HENLEY

60

Page 69, line 16, leave out “Commissioners” and insert “Secretary of State”

61

Page 70, line 37, leave out paragraph 6

62

Page 71, line 34, leave out paragraph (a)

63

Page 72, line 26, at end insert—

“Part 4A Published information: no restrictions on further disclosure

9A (1) This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—

(a) the inclusion of the information in an annual plan, framework document or annual report, or

(b) the publication of the information in accordance with arrangements made under section 6.

(2) None of the relevant restrictions applies to the further disclosure of that information by any person.

(3) In this paragraph “relevant restriction” means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person’s consent to be obtained before the further disclosure).”

Clause 15

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

64

Page 11, line 25, leave out subsection (2)

Schedule 8

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

65

Page 88, line 37, leave out paragraphs 89 and 90

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

66

Page 88, line 39, at end insert—

“(2) After subsection (3) insert—

“(3A) In subsection (3)(n) “the National Crime Agency” includes only those functions that were subject to an exemption under this section prior to 1st April 2012.””

Clause 16

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

67

Page 14, line 23, leave out “local policing bodies” and insert “Police and Crime Commissioners”

BARONESS HAMWEE

LORD THOMAS OF GRESFORD

68

Page 14, line 29, at end insert—

“(i) the Security Service;

(j) the Secret Intelligence Service;

(k) GCHQ as defined in section 7;”

Clause 17

LORD BEECHAM

 

Lord Beecham gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill.

Schedule 9

LORD HENLEY

LORD MCNALLY

69*

Page 99, line 10, leave out “chairmen of employment tribunals” and insert “Employment Judges”

70*

Page 99, line 11, after “Wales” insert “or for Scotland”

71*

Page 100, line 1, leave out from “(1)” to end of line 3 and insert “(officer of a county court and officer’s firm not to be engaged as representative in any proceedings in that court, subject to exception in subsection (4) for deputy district judges)—

(a) for the words from the beginning to “be” substitute—

“A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—

(a) the judge,

(b) a partner or employer of the judge,

(c) a body of which the judge is a member or officer, or

(d) a body of whose governing body the judge is a member,

is”, and

(b) omit “in any proceedings in that court”.”

72*

Page 100, line 5, leave out sub-paragraph (4) and insert—

“(4) Omit subsection (4) (provision about deputy district judges which is incorporated in the amended subsection (1)).”

73*

Page 106, line 4, at end insert—

“( ) In section 125(1) (execution of warrants) for “a court” substitute “the court”.”

74*

Page 110, line 1, at end insert “, and

(b) for “county court rules” substitute “rules of court”.”

75*

Page 114, line 17, at end insert—

“Part 2A Further amendments Amendment of references to “a county court”

51A (1) In the provisions listed in sub-paragraph (2) (but subject to any specific amendments made by or under this Act)—

(a) for “A county court”, in each place, substitute “The county court”, and

(b) for “a county court”, in each place, substitute “the county court”.

(2) The provisions are—

Access to Health Records Act 1990: section 8(5),

Access to Justice Act 1999: sections 17, 17A, 21 and 54 to 57,

Access to Medical Records Act 1988: section 8(2),

Access to Neighbouring Land Act 1992: section 8(3),

Administration of Justice (Miscellaneous Provisions) Act 1933: section 7(2),

Administration of Justice Act 1960: sections 12 and 13,

Administration of Justice Act 1970: section 11(b) in the words before sub-paragraph (i), and section 41(3),

Administration of Justice Act 1977: section 23(4)(a),

Administration of Justice Act 1982: section 38,

Administration of Justice Act 1985: section 53(2)(c),

Anti-social Behaviour Act 2003: sections 13 and 26A to 28,

Charging Orders Act 1979: sections 1(1), (2)(c) and (d) and (6), 3(4A)(a) and 6(2),

Charities Act 1992: section 58(1),

Civil Jurisdiction and Judgments Act 1982: section 18(4A)(a),

Commonhold and Leasehold Reform Act 2002: sections 66(1) and 107(1),

Commons Act 2006: sections 34(5) and 46(7)(a),

Companies Act 2006: section 1183,

Communications Act 2003: section 124Q(7)(a),

Compensation Act 2006: section 8(2),

Contempt of Court Act 1981: section 14 (but not in its application to Northern Ireland as set out in Schedule 4 to that Act),

Crime and Disorder Act 1998: sections 1B(1) and 10,

Criminal Justice Act 2003: section 329(8)(c),

Data Protection Act 1998: section 55D(2)(a),

Education Act 1996: section 336(2)(g),

Education and Skills Act 2008: sections 56(5), 57(2), 58(4)(b), 59(4) and 65(3),

Electricity Act 1989: sections 39B(4)(a) and 44A(6)(b)(i),

Employment Rights Act 1996: sections 110(6)(a), 194(4) and 195(4),

Employment Tribunals Act 1996: sections 7(3)(e)(i), 13(1C), 15(1) and 19A,

Environmental Protection Act 1990: section 78P(8),

Equality Act 2006: sections 21(7)(b), 22(6), 24 and 32(9)(b), and paragraphs 11 and 12(2) of Schedule 2,

Equality Act 2010: sections 114(1), 119(1), 120(6), 124(6), 127(9), 138(8), 140(6) and 143(1), paragraph 12(5) of Schedule 20 and paragraphs 4(2) and 5(7) of Schedule 21,

Finance Act 2003: paragraph 5(1)(a) of Schedule 12, and the first “a county court” in paragraph 5(3)(a) of that Schedule,

Financial Services and Markets Act 2000: paragraphs 16(a) and 16D(a) of Schedule 17,

Gas Act 1986: sections 15A(6)(b), 27A(9)(b) and 33AB(4)(a),

Health and Social Care (Community Health and Standards) Act 2003: section 155(7),

Highways Act 1980: sections 79(8) and (13) and 308,

Horserace Betting and Olympic Lottery Act 2004: section 9(6),

Housing Act 1980: section 86(1),

Housing Act 1985: sections 82A(2), 110(1), 181(1) and 272(5), and paragraph 6(5) of Schedule 18,

Housing Act 1988: sections 6A(2) and 40(1) and (3), and section 40(4) until its repeal by the Courts and Legal Services Act 1990 is fully in force,

Housing Act 1996: sections 95, 138(1), 153E(6), 154(1), 155(6), 157(1) and 203(5),

Housing Act 2004: sections 214(1) and 215(2A), and paragraphs 5(3)(a) and 13 of Schedule 13,

Immigration and Asylum Act 1999: section 43(2)(a),

Immigration, Asylum and Nationality Act 2006: section 17(6)(a),

Industrial and Provident Societies Act 1965: section 60(8)(a),

Insolvency Act 1986: sections 196(a), 373(2), 375 and 429(1),

Land Registration Act 2002: sections 75(4), 76(5) and 132(3)(a),

Landlord and Tenant (Covenants) Act 1995: sections 8(4) and 10(4),

Landlord and Tenant (War Damage) Act 1939: section 23(1),

Landlord and Tenant Act 1954: section 63(2) and (9),

Landlord and Tenant Act 1985: section 20C(2), and paragraph 8(2) of the Schedule,

Landlord and Tenant Act 1987: sections 52(1) and (3) and 60(1), and paragraphs 4(3) and 9(3) of Schedule 1, and section 52(4) until its repeal by the Courts and Legal Services Act 1990 is fully in force,

Learning and Skills Act 2000: section 145(5),

Leasehold Reform, Housing and Urban Development Act 1993: sections 90, 93(3) and 101(1), paragraph 4(3) of Schedule 8 and paragraph 4 of Schedule 14,

Legal Aid, Sentencing and Punishment of Offenders Act 2012: sections 24(3)(b) and 36(5), paragraph 5 of Part 3 of Schedule 1 and paragraph 2(3) of Schedule 2,

Legal Services Act 2007: section 141(7),

Local Government Act 1972: section 146(3),

Local Government Act 2000: section 77(6)(e),

Local Government Finance Act 1992: paragraph 11(4) of Schedule 4,

Local Land Charges Act 1975: section 10(8),

Localism Act 2011: section 159(5),

London Building Acts (Amendment) Act 1939 (c. xcvii): sections 103 and 143, and entry (xxxiv) in the table in section 148(2),

London County Council (General Powers) Act 1955 (c. xxix): section 7(4),

Magistrates’ Courts Act 1980: sections 87(1) and 111A(3)(a),

Mental Health Act 1983: section 31,

Mines and Quarries (Tips) Act 1969: section 28,

National Health Service Act 2006: sections 90(5), 94(3)(h), 105(5), 109(3)(h), 122(5) and 139(8), and paragraph 3(3)(j) of Schedule 12,

National Health Service (Wales) Act 2006: sections 48(5), 52(3)(h), 62(5), 66(3)(h) and 97(8), and paragraph 3(3)(j) of Schedule 7,

National Minimum Wage Act 1998: sections 19E(a), 38(2) and 39(2),

Patents Act 1977: sections 41(9), 61(7)(a), 93(a) and 107(2),

Pension Schemes Act 1993: sections 53(1B)(a), 115(6)(a), 150(8)(a) and 151(5)(a),

Pensions Act 1995: section 10(8A)(a),

Pensions Act 2004: sections 103(9)(a), 217(2)(a) and 218(5)(a),

Pensions Act 2008: section 42(2),

Planning Act 2008: section 171(4), and paragraph 24 of Schedule 12,

Policing and Crime Act 2009: section 49(1), and paragraph 1(9) of Schedule 5A,

Protection from Harassment Act 1997: section 3A(2),

Rent (Agriculture) Act 1976: section 26,

Rent Act 1977: sections 96(3), 132(6) and 141,

Representation of the People Act 1983: sections 78(4), 86(1)(c) and 167(1), and rule 56(1), (4) and (5)(a) of Schedule 1, with a view to the inserted references to the county court including (as in other places in that Act) a county court in Northern Ireland,

Representation of the People Act 1983: section 167(3), and paragraph 9 of Schedule 4,

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951: section 2(1),

Senior Courts Act 1981: section 29(4),

Social Security (Recovery of Benefits) Act 1997: section 7(4),

Social Security Act 1989: paragraph 9 of Schedule 5,

Social Security Administration Act 1992: sections 71ZE(1) and 126(3)(a),

Social Security Contributions and Benefits Act 1992: section 12(7),

Solicitors Act 1974: sections 61(6), 68(2), 69(3) and 74(3),

Trade Union and Labour Relations (Consolidation) Act 1992: section 277(3), and paragraphs 19E(5), 28(6) and 120(6) of Schedule A1,

Tribunals, Courts and Enforcement Act 2007: sections 27(1)(a) and 78(3), section 92(1) (in the inserted section 15D(3)), section 93(2) (in the inserted section 1(6)), section 93(3) (in the inserted section 3(4A)(a)), sections 93(6), 95(1), 104(2), 115 to 118, 119(1)(b), 122(2) and 123(1), paragraph 12(2)(b) of Schedule 5, paragraphs 3(1), 60(8) and 66(4) of Schedule 12, paragraphs 77 and 79(2)(a) of Schedule 13 (in the quoted or inserted text), paragraphs 2(2), 5, 7, 10, 18 and 21 of Schedule 15 (in the inserted text) and paragraph 3(2) of Schedule 16 (in the inserted section 429(1)),

Trusts of Land and Appointment of Trustees Act 1996: section 23(3),

Violent Crime Reduction Act 2006: section 4(1),

Water Industry Act 1991: sections 30A(5), 51B(5) and 150A(6), and

Welfare Reform Act 2012: section 105(1) (in the inserted section 71ZE(1)).

Amendments of other references

51B In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county courts” substitute “the county court”.

51C In section 40 of the Administration of Justice Act 1956 for “a county court”, and for “that county court”, substitute “the county court”.

51D In section 26 of the Administration of Justice 1964 (Inner and Middle Temples in City of London for certain purposes including the law relating to county courts) omit “county courts,”.

51E In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of “county court”.

51F In section 18(5) of the Agricultural Marketing Act 1958 omit the words from “within the district” to “may be brought”.

51G In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—

(a) in subsections (2) and (3) for “county court rules” substitute “rules of court”, and

(b) omit subsection (4) (powers of district judge).

51H In section 6 of the Allotments Act 1922 for “the judge of the county court having jurisdiction in the place where the land is situated”, and for “a county court”, substitute “the county court”.

51I (1) In section 82(1) of the Arbitration Act 1996, in the definition of “legal proceedings”, after “civil proceedings” insert “in England and Wales in the High Court or the county court or in Northern Ireland”.

(2) In section 105 of that Act—

(a) in subsection (1) after ““the court”” insert “in relation to England and Wales means the High Court or the county court and in relation to Northern Ireland”,

(b) in subsection (2) before paragraph (a) insert—

“(za) allocating proceedings under this Act in England and Wales to the High Court or the county court;”,

(c) in subsection (2)(a) after “this Act” insert “in Northern Ireland”,

(d) in subsection (2)(b) after “or in” insert “the county court or (as the case may be)”,

(e) in the first sentence in subsection (3) after “a county court” insert “in Northern Ireland”, and

(f) in the second sentence in subsection (3) omit “England and Wales or, as the case may be,”.

51J In section 22(6) of the Architects Act 1997 (appeals) after “appeal” insert “in England and Wales to the county court or, in Northern Ireland,”.

51K In section 17(6) of the Audit Commission Act 1998 for “the county courts” substitute “the county court”.

51L In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit the words from “and any powers” to the end.

51M In the Chancel Repairs Act 1932—

(a) in section 3(1)—

(i) omit “for the district in which the chancel is situate”, and

(ii) for “a county court” substitute “the county court”,

(b) in section 3(3)—

(i) for “a judge of county courts” substitute “the county court”, and

(ii) for “the judge” substitute “the court”, and

(c) in section 4(1) for “county court rules” substitute “rules of court”.

51N In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act 1994—

(a) after “appeal” insert “in England and Wales to the county court or in Northern Ireland”, and

(b) before “the sheriff” insert “to”.

51O In section 18(2)(b) of the Civil Jurisdiction and Judgments Act 1982 for “or”, in the second place, substitute “in the High Court or the county court or in”.

51P In the Civil Procedure Act 1997—

(a) in sections 1(1)(c) and 2(2)(e) and (f) for “county courts” substitute “the county court”, and

(b) in Schedule 1 (civil procedure rules)—

(i) in paragraph 3(1)(b) for “between county courts” substitute “within the county court”, and

(ii) in paragraph 3(2)(a)(ii) for “by another county court” substitute “elsewhere within the county court”.

51Q In section 25(5)(c) of the Commissioners for Revenue and Customs Act 2005, in the definition of “legal proceedings”, after “civil proceedings” insert “in England and Wales in the county court or in Northern Ireland”.

51R In paragraph 11 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 for “a county court”, and for “such a court”, substitute “the county court”.

51S In section 41(1) of the Commons Act 2006 omit “in whose area the land is situated”.

51T In section 2(7) of the Contracts (Rights of Third Parties) Act 1999 after “exercisable” insert “in England and Wales by both the High Court and the county court and in Northern Ireland”.

51U In sections 115(1), 205(1) and 232(1) of the Copyright, Designs and Patents Act 1988 for “,Wales and” substitute “and Wales the county court and in”.

51V In section 8(4) of the Coroners and Justice Act 2009 for “county courts” substitute “county court”.

51W In section 30 of the Courts Act 1971 for “county courts” substitute “the county court”.

51X In section 1B(5) of the Crime and Disorder Act 1998 for “which made an order under this section for it” substitute “for an order made under this section”.

51Y In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “the”.

51Z In section 15(1) of the Data Protection Act 1998 after “exercisable” insert “in England and Wales by the High Court or the county court or, in Northern Ireland,”.

51AA In section 5 of the Debtors Act 1869—

(a) in paragraph (a) of proviso (1) for “or his deputy” substitute “of the court”,

(b) for “any county court” substitute “the county court”, and

(c) for “other than a” substitute “other than the”.

51AB In the Deeds of Arrangement Act 1914—

(a) in section 10(1) for the words after “copy of the deed to the” substitute “county court.”,

(b) in section 10(2) omit “the registrar of”, and

(c) in section 16 for “a county court” substitute “the county court”.

51AC In section 8 of the Disused Burial Grounds (Amendment) Act 1981—

(a) omit “in whose district the land is situated who”, and

(b) omit the words after “costs of the application”.

51AD In the Enterprise Act 2002—

(a) in section 16(6) after “High Court” insert “or the county court”,

(b) in section 215(5)(a) omit “England and Wales or”,

(c) in section 215(5) before paragraph (a) insert—

“(za) the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;”, and

(d) in paragraph 25(a) of Schedule 4 for “a county court in England and Wales or” substitute “the county court in England and Wales or the High Court or a county court in”.

51AE In the Estate Agents Act 1979—

(a) in the definition of “court” in section 11A(4) omit “England and Wales and” and before paragraph (a) insert—

“(za) in England and Wales, the High Court or the county court;”, and

(b) in paragraph 6(1) of Schedule 4 after “appeal” insert “in England and Wales to the county court or, in Northern Ireland,”.

51AF In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as if” insert “in England and Wales, as if it were an order of the county court or, in Northern Ireland,”.

51AG (1) In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—

“(2A) In the application of subsection (2) to England and Wales, for the words “for the district in which the member resides” there shall be substituted “if the member resides in England and Wales”.

(2) In section 80(2)(b) of that Act after “brought” insert “in England and Wales in the county court or, in Northern Ireland,”.

(3) In section 93(3) of that Act—

(a) for the words from “make an application—” to the end of paragraph (a) substitute “make an application to the county court in England and Wales if the chief or any other place of business of that society or branch is situated in England and Wales or may make an application—”, and

(b) for “such application” substitute “application under this subsection”.

51AH (1) In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “in England and Wales in the county court or, in Northern Ireland,”.

(2) In section 119(1) of that Act in the definition of “the court” for “Wales or” substitute “Wales, the county court;

(aa) in the case of a body whose registered office is situated in”.

51AI (1) In section 48 of the Government Annuities Act 1929 after subsection (2) insert—

“(2A) For the purposes of this section, England and Wales is to be treated as the district of the county court in England and Wales.”

(2) In section 61(1) of that Act after “a county court” insert “in Northern Ireland or the county court in England and Wales”.

51AJ Omit section 59(4) of the Highways Act 1980 and, in consequence, omit paragraph 8(2) of Schedule 3 to the Administration of Justice Act 1982.

51AK In paragraph 6(2) of Schedule 18 to the Housing Act 1985 for “a county court judge”, and for “the county court judge”, substitute “a judge of the county court”.

51AL In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a” substitute “that”.

51AM In the Immigration and Asylum Act 1999—

(a) in section 25(5)(a) after “granted” insert “in England and Wales by the county court or in Northern Ireland”,

(b) in section 43(3)(a) after “a county court” insert “in Northern Ireland, or the county court in England and Wales,”, and

(c) in sections 89(7), 92(1) and 112(4) after “a county court” insert “in Northern Ireland or the county court in England and Wales”.

51AN In section 42(3)(b) of the Industrial and Provident Societies Act 1965 for “that county court or” substitute “the county court or that”.

51AO In section 25(1) of the Inheritance (Provision for Family and Dependants) Act 1975 in the definition of “the court”—

(a) for “a county” in both places substitute “the county”, and

(b) for “22 of this Act” substitute “25 of the County Courts Act 1984”.

51AP In the Insolvency Act 1986—

(a) in section 117(2) (county court winding-up jurisdiction)—

(i) for “the amount of a company’s” substitute “in the case of a company registered in England and Wales the amount of its”, and

(ii) omit “of the district in which the company’s registered office is situated”,

(b) omit section 117(4) and (6),

(c) in section 197(1)(a) for “a specified” substitute “the”,

(d) in section 373(1) for “county courts” substitute “county court”,

(e) in section 373(3)(a) for “Central London County Court” substitute “county court”,

(f) in section 373(3)(b) (jurisdiction in relation to insolvent individuals)—

(i) for “each” substitute “the”, and

(ii) for “the insolvency district of that court” substitute “any other insolvency district”,

(g) in section 374(1) for the words from “of each” to the end substitute “, or districts, of the county court.”,

(h) in section 399(3) for the words from “a county court” to the end substitute “the county court.”,

(i) in section 399(5)—

(i) for the words from “each” to “Parts” substitute “the county court”, and

(ii) for “two or more different” substitute “both”,

(j) in section 399(6) for “another” substitute “the other”,

(k) for section 413(3)(d) substitute—

“(d) a district judge;”, and

(l) in paragraph 2 of Schedule 9—

(i) omit “or a registrar of a county court having jurisdiction for the purposes of those Parts”, and

(ii) omit “or, as the case may be, that county court”.

51AQ In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the definition of “County court”, for “a court held for a district under” substitute “the county court established under section A1 of”.

51AR In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in the county courts”.

51AS In the Juries Act 1974—

(a) in sections 1(1), 2(1) and 12(6) for “county courts” substitute “the county court”, and

(b) in section 7 for “any county”, and in sections 17(2) and 23(2) for “a county”, substitute “the county”.

51AT In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute “county court”.

51AU In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944, after “exercised” insert “in England and Wales by the county court and in Northern Ireland”.

51AV In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—

(a) omit “making the order or another county court”, and

(b) for “county courts” substitute “the county court”.

51AW In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban Development Act 1993 omit “or another county court”.

51AX In section 194(10) of the Legal Services Act 2007 in the definition of “civil court” as originally enacted and as substituted by section 61 of the Legal Aid, Sentencing and Punishment of Offenders Act 2007 for “any county” substitute “the county”.

51AY In section 35(3) of the Limitation Act 1980 for “any county” substitute “the county”.

51AZ In paragraph (a) of the second sentence in section 1(1) of the Litigants in Person (Costs and Expenses) Act 1975 before “in a county court” insert “in England and Wales in the county court or in Northern Ireland”.

51BA In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the county court district in which the property in question is situated”.

51BB In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

(a) in section 103(2) for “such court”, in both places, substitute “that court”, and

(b) in section 107(1) omit “of the district in which the premises are situate”.

51BC In Schedule 1 to the London Local Authorities Act 1996 (c. ix)—

(a) in paragraph 9(1) for “if a county” substitute “if the county”,

(b) in paragraph 10(1)(a) for “a county” substitute “the county”, and

(c) in paragraph 10(1)(c) omit “which made the order”.

51BD In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a county” substitute “if the county”.

51BE In paragraph 7 of Schedule 1 to the London Local Authorities and Transport for London Act 2003 (c. iii) until its repeal by the Traffic Management Act 2004 is fully in force—

(a) in sub-paragraph (1)(c) omit “which made the order”,

(b) in sub-paragraph (5) for “a district judge” substitute “the county court”,

(c) in sub-paragraphs (6), (7) and (8)(d) for “district judge” substitute “county court”, and

(d) in sub-paragraph (7) for “he” substitute “the court”.

51BF In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any county court having otherwise jurisdiction in the matter” substitute “the county court”.

51BG In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert “in England and Wales to the county court or, in Northern Ireland,”.

51BH In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph (2) insert—

“(2A) For the purposes of this paragraph, England and Wales is to be treated as the district of the county court in England and Wales.”

51BI In section 31 of the Mental Health Act 1983 for “County court rules” substitute “rules of court”.

51BJ In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the definition of “the court”, omit “for the district in which the protected site is situated”.

51BK In section 73 of the Offices, Shops and Railway Premises Act 1963—

(a) in subsections (1) and (2) for “county court within whose jurisdiction the premises are situate” substitute “court”, and

(b) for subsection (3) substitute—

“(3) In subsections (1) and (2) “the court”, in relation to any premises, means—

(a) the county court if the premises are in England and Wales, or

(b) if the premises are in Scotland, the sheriff within whose jurisdiction the premises are situate.”

51BL In section 4(2) of the Open Spaces Act 1906 after “shall” insert “in England and Wales be either the High Court or the county court and, in Northern Ireland, shall”.

51BM In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—

(a) after “may appeal” insert “in England and Wales to the county court or in Northern Ireland”, and

(b) before “the sheriff” insert “to”.

51BN In paragraphs 4(4) and 12(4) of Schedule 4 to the Parliamentary Standards Act 2009 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

51BO In section 23(2) of the Partnership Act 1890 for “or a county court,” substitute “or the county court in England and Wales or a county court in Northern Ireland,”.

51BP In section 152 of the Pension Schemes Act 1993—

(a) in subsection (1)(a) for “county courts” substitute “the county court”, and

(b) in subsection (2) for “the county court rules” substitute “rules of court”.

51BQ In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the county court rules” substitute “rules of court”.

51BR In the Political Parties, Elections and Referendums Act 2000—

(a) in section 48(12)(a) for “or” substitute “means the county court and, in”,

(b) in sections 77(4), 92(4) and 115(4) after “may apply” insert “in England and Wales to the High Court or the county court or, in Northern Ireland,”,

(c) in sections 77(12) and 92(8) for the words after “In” substitute “its application to Gibraltar, subsection (4) has effect as if for the words between “apply” and “leave” there were substituted “to the Gibraltar court for”.”, and

(d) in paragraphs 2(7), 6(7), 9(4) and 13(3) of Schedule 19C after “is to” insert “(in England and Wales) the county court or (in Northern Ireland)”.

51BS Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of jurisdiction by district judges).

51BT In section 9(5) of the Protection of Children Act 1999 after “imposed” insert “in England and Wales by the county court or in Northern Ireland”.

51BU In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute “court”.

51BV In paragraph 6(2)(a) of Schedule A1 to the Regulation of Investigatory Powers Act 2000 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

51BW In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—

(a) for “before the registrar of a” substitute “the”, and

(b) after “may” insert “,except in the county court if rules of court provide otherwise,”.

51BX In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the county”.

51BY In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such a” substitute “that”.

51BZ In paragraph 3(1) of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 after “proceedings” insert “in England and Wales in the county court or in Northern Ireland”.

51CA In the Solicitors Act 1974—

(a) in section 61(6) for “any county” substitute “the county”,

(b) in section 68(2) for “that county” substitute “the county”, and

(c) in section 69(3) for “any county court in which any part of the business was done” substitute “the county court”.

51CB In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county courts” substitute “the county court”.

51CC In section 66(1) of the Taxes Management Act 1970 after “proceedings” insert “in England and Wales in the county court or in Northern Ireland”.

51CD In the Torts (Interference with Goods) Act 1977—

(a) in section 4(4)—

(i) for “under section”, in the first place, substitute “for the High Court in England and Wales”,

(ii) omit “84 of the Senior Courts Act 1981”, and

(iii) omit “99 of the Supreme Court of Judicature (Consolidation) Act 1925”,

(b) in section 4(5)—

(i) after “in relation to county courts” insert “in Northern Ireland”,

(ii) after “High Court” insert “in Northern Ireland”, and

(iii) omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section or” and “section 75 of the County Courts Act 1984 or”,

(c) in section 4 after subsection (5) insert—

“(6) Subsections (1) to (4) have effect in relation to the county court in England and Wales as they have effect in relation to the High Court in England and Wales.”,

(d) in section 9(3) and (4) after “brought” insert “in England and Wales in the county court or in Northern Ireland”,

(e) in section 9(3)—

(i) before “county court rules” insert “rules of court or”, and

(ii) for “same county” substitute “same”, and

(f) in section 13(3) for the words from the beginning to “if” substitute “In this section “the court”, in relation to England and Wales, means the High Court or the county court and, in relation to Northern Ireland, means the High Court or a county court, save that a county court in Northern Ireland has jurisdiction in the proceedings only if”.

51CE In section 75(1) of the Trade Marks Act 1994 for “or a county court having” substitute “,or the county court where it has”.

51CF In section 82(2)(b) of the Traffic Management Act 2004 for “if a county” substitute “if the county”.

51CG In the Tribunals, Courts and Enforcement Act 2007—

(a) in section 121(8) for paragraphs (a) and (b) substitute—

“(aa) in relation to an administration order or an enforcement restriction order: the county court;”, and

(b) omit sections 123(6) and 131(2), and paragraph 79(2)(b) of Schedule 13.

51CH In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the county court”.

51CI In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England and Wales or” substitute “the county court in England and Wales or a county court in”.

51CJ In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

51CK In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for the area in which the land or any part of it is situated”.

76*

Page 114, line 21, at end insert—

“Literary and Scientific Institutions Act 1854 (c. 112) In section 30, “the judge of” and “aforesaid”.
Hovercraft Act 1968 (c. 59) In section 2(1), “27 to 29,”.
Senior Courts Act 1981 (c. 54) In Schedule 5, the entry for the Torts (Interference with Goods) Act 1977.
County Courts Act 1984 (c. 28) In Schedule 2, paragraph 64.”

77*

Page 114, line 35, at end insert—

“Legal Services Act 2007 (c. 29) In Schedule 16, paragraph 69(a).
Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871) Article 9(1) and (2).”

Schedule 10

LORD HENLEY

LORD MCNALLY

78*

Page 116, line 20, leave out “chairmen of employment tribunals” and insert “Employment Judges”

79*

Page 116, line 21, after “Wales” insert “or for Scotland”

80*

Page 116, line 39, leave out from beginning to “a” in line 43

81*

Page 116, line 44, leave out from “court” to “may” in line 45

82*

Page 116, line 47, after “judge,” insert “or a body of which the judge is a member or officer, or a body of whose governing body the judge is a member,”

83*

Page 117, line 40, at end insert—

“(7A) Paragraph 5 of that Schedule (duty to make rules to achieve purpose specified by Lord Chancellor) does not apply in relation to rules under this section.”

84*

Page 123, line 20, leave out from “1958” to end of line 21 and insert “, the Maintenance Orders (Reciprocal Enforcement) Act 1972 or Part 1 of the Civil Jurisdiction and Judgments Act 1982.”

85*

Page 126, line 39, at end insert—

“Debtors Act 1869 (c. 62)

1A (1) In proviso (1) to section 5 of the Debtors Act 1869—

(a) for the words from “any court other than” to “is to say,” substitute “the county court—”, and

(b) omit paragraph (c).

(2) In that section—

(a) for “superior courts may” substitute “High Court or family court may”,

(b) for “by a superior court”, and for “by any superior court”, substitute “by the High Court or family court”, and

(c) at the end insert—

“Section 31E(1)(b) of the Matrimonial and Family Proceedings Act 1984 (family court has county court’s powers) does not apply in relation to the powers given by this section to the county court.””

86*

Page 126, line 41, at end insert “, but sections 2(1) to (5), 2A and 5(2) to (4) of that Act as applied by section 36(3) of the Civil Jurisdiction and Judgments Act 1982 (re-registration in different Northern Ireland court of orders made in England and Wales or Scotland and registered in a Northern Ireland court) have effect without the amendments made in them by this Schedule.”

87*

Page 128, line 39, at end insert—

“9A Section 18 (powers of magistrates to review committals etc) is repealed.

9B (1) Section 20 (registration, variation and arrears) is amended as follows.

(2) Omit subsections (1) and (2) (magistrates’ courts: applications for registration, revocation or variation of maintenance orders).

(3) In subsection (8) (repeated complaints to enforce payment)—

(a) for “a complaint” substitute “an application”, and

(b) for “complaint”, in the second and third places, substitute “application”.

(4) For the title substitute “Repeat applications to enforce payment of maintenance arrears”.

9C In section 21(1) omit the definition of “magistrates’ court”.

Public Records Act 1958 (c. 51)

9D In paragraph 4(1) of Schedule 1 to the Public Records Act 1958 (records which are public records) after paragraph (a) insert—

“(aa) records of the family court;”.”

88*

Page 129, line 12, at end insert—

“Civil Evidence Act 1968 (c. 64)

11A In section 12(5) of the Civil Evidence Act 1968 in the definition of “matrimonial proceedings” for “a county” substitute “family”.

Administration of Justice Act 1970 (c. 31)

11B (1) In section 11 of the Administration of Justice Act 1970 (restriction on powers of committal under section 5 of the Debtors Act 1869)—

(a) omit the “and” at the end of paragraph (a),

(b) in paragraph (b) for the words from “in respect” to “judgment” substitute “in respect of a judgment”, and

(c) after paragraph (b) insert “; and

(c) by the family court in respect of a High Court or family court maintenance order.”

(2) In section 28 of that Act (interpretation)—

(a) for “, “county court maintenance order”” substitute “and “family court maintenance order””, and

(b) for “, a county court” substitute “and the family court”.”

89*

Page 130, line 5, leave out “(a)” and insert “(a)(ii)”

90*

Page 131, line 12, at end insert—

“Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

27A In paragraph (a) of the second sentence in section 1(1) of the Litigants in Person (Costs and Expenses) Act 1975 before “in the Senior” insert “in the family court,”.”

91*

Page 134, line 25, at end insert—

“50A In section 42(1)(a) and (b) (engaging in vexatious civil proceedings is ground for High Court making order under the section) after “High Court” insert “or the family court”.”

92*

Page 135, line 6, at end insert—

“( ) In section 38(4) (regulations about orders which court may not make) after paragraph (d) insert “; and

(e) may make different provision for different purposes.””

93*

Page 135, line 28, at end insert—

“Administration of Justice Act 1985 (c. 61)

62A In section 53(2) of the Administration of Justice Act 1985 (costs where judge unable to act) before the “and” at the end of paragraph (b) insert—

“(ba) proceedings in the family court;”.

Insolvency Act 1986 (c. 45)

62B In section 281(8) of the Insolvency Act 1986 (discharge does not release bankrupt from bankruptcy debt arising under order made in family proceedings), in the definition of “family proceedings”, for paragraph (a) (but not the “and” following it) substitute—

“(a) proceedings in the family court;”.”

94*

Page 138, line 26, at end insert—

“74A (1) Section 28 (functions of justices’ clerks and assistant clerks) is amended as follows.

(2) After subsection (5) insert—

“(5A) For the purposes of subsections (1) to (5) the functions of justices of the peace do not include functions as a judge of the family court.”

(3) Omit subsection (9)(b) (requirement to consult Family Procedure Rule Committee) but not the “and” following it.”

95*

Page 140, line 2, at end insert—

“Legal Services Act 2007 (c. 29)

83A (1) For paragraph 1(7)(c) of Schedule 3 to the Legal Services Act 2007 (rights of audience in chambers of exempt persons) substitute—

“(c) the proceedings are not reserved family proceedings and are being heard in chambers—

(i) in the High Court or county court, or

(ii) in the family court by a judge who is not, or by two or more judges at least one of whom is not, within section 31C(1)(y) of the Matrimonial and Family Proceedings Act 1984 (lay justices).”

(2) In paragraph 1(10) of that Schedule in the definition of “family proceedings” after “also includes” insert “any proceedings in the family court and”.”

96*

Page 140, line 35, at end insert—

“In Schedule 7, paragraphs 23 and 24.”

97*

Page 141, line 14, at end insert—

“Family Law Act 1996 (c. 27) In Schedule 8, paragraph 49.”

98*

Page 141, line 21, after “paragraphs” insert “22,”

99*

Page 141, line 33, leave out “101” and insert “103”

Schedule 11

LORD HENLEY

LORD MCNALLY

100*

Page 145, line 23, at end insert—

“16A (1) In section 15(2) and (3) (service of process: endorsement by, and declarations before, justices of the peace etc) for “justice of the peace” substitute “judge of the family court”.

(2) In Schedule 2 (forms)—

(a) in the form numbered 1 (endorsement of summons) for “justice of the peace” substitute “judge of the family court”, and

(b) in the form numbered 2 (declaration as to service) for “Justice of the Peace” substitute “judge of the family court”.”

101*

Page 148, line 17, at end insert—

“Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

27A The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

27B (1) Section 3 (magistrates’ court may make provisional maintenance order against person residing in reciprocating country) is amended as follows.

(2) In subsection (1) for “a magistrates’ court” substitute “the family court”.

(3) In subsection (4) (application not to be transferred etc)—

(a) before paragraph (a) insert—

“(za) a court to transfer proceedings from the family court to the High Court,”, and

(b) in paragraphs (a) and (b) after “magistrates’ court” insert “in Northern Ireland”, and

(c) in those paragraphs after “High Court” insert “of Justice in Northern Ireland”.

(4) In subsection (6) (effect of order being confirmed) omit “magistrates’”.

(5) Omit subsection (7)(b) (Northern Ireland: application of subsection (4)).

(6) In the title omit “magistrates’”.

27C In section 4(6) (Scotland: application of section 3(5) and (6)) after “for references to” insert “a court that are references to the family court or”.

27D Omit section 5(3A) (modification of section 60 of Magistrates’ Courts Act 1980 in relation to maintenance orders to which section 5 applies).

27E In section 7 (confirmation of order made in reciprocating country)—

(a) in subsection (5A) (court to exercise one of its powers under subsection (5B) upon confirming order)—

(i) for “a magistrates’ court in England and Wales” substitute “the family court”, and

(ii) for “shall” substitute “may”,

(b) in subsection (5B) (available powers)—

(i) in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “the court”,

(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980” substitute “1(5) of the Maintenance Enforcement Act 1991”,

(c) in subsection (5C) (deciding on exercise of powers)—

(i) for “which of the” substitute “whether to exercise any of its”, and

(ii) omit “it is to exercise”, and

(d) in subsection (5D) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection (6) of section 1 of the Maintenance Enforcement Act 1991”.

27F In section 8 (enforcement of registered maintenance orders)—

(a) in subsection (3) (offence of not giving notice of change of address to appropriate officer)—

(i) for “a registered order” substitute “an order registered in a court in Northern Ireland”, and

(ii) for “appropriate officer of the registering” substitute “clerk of that”,

(b) omit subsection (3A) (meaning of “appropriate officer”),

(c) omit subsections (4) to (4B) (enforcement by magistrates’ courts in England and Wales), and

(d) in subsection (5) (magistrates’ court to take prescribed steps) for “The magistrates’ court” substitute “A magistrates’ court in Northern Ireland”.

27G Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts Act 1980 in relation to registered order).

27H In section 10(3) (transfer to other magistrates’ court)—

(a) after “magistrates’ court”, in the first place, insert “in Northern Ireland”, and

(b) for the words from “that part” to “court is” substitute “Northern Ireland”.

27I (1) In section 14(3) (compelling attendance of witnesses etc)—

(a) for the words from “Section” to “1980” substitute “Articles 118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland) Order 1981”, and

(b) after “a magistrates’ court” insert “in Northern Ireland”.

(2) Omit section 14(6) (Northern Ireland: modifications).

27J In section 17 (proceedings in magistrates’ courts)—

(a) in subsection (4) (courts in same area have same jurisdiction)—

(i) after “magistrates’ court”, in the first place, insert “in Northern Ireland”,

(ii) omit the words from “acting”, in the first place, to “Northern Ireland,”, and

(iii) for “district)” substitute “district”,

(b) in subsection (5A) (jurisdiction where respondent resides in reciprocating country) for “a magistrates’ court in England and Wales”, in both places, and for “such a court”, substitute “the family court”,

(c) in subsection (7) (proceedings in absence of respondent) for “a magistrates’ court”, in both places, substitute “the family court in England and Wales or a magistrates’ court in Northern Ireland”.

27K (1) Section 18 (magistrates’ courts rules) is amended as follows.

(2) Before subsection (1) insert—

“(A1) Rules of court may make provision with respect to the matters that would be mentioned in any of paragraphs (b), (c), (e) and (f) of subsection (1) if references in those paragraphs to a magistrates’ court, or to magistrates’ courts, were references to the family court.”

(3) In subsection (1) (provision which may be made in rules of court)—

(a) for the words before paragraph (a) substitute “The matters referred to in subsections (A1) and (2) are—”, and

(b) in paragraph (a) for “local justice area”, in both places, substitute “petty sessions district”.

(4) In subsection (1A) (further provision about rules of court in relation to England and Wales) for “(1)” substitute “(A1)”.

(5) For the title substitute “Rules of court”.

27L In section 21(1) in the definition of “the appropriate court”—

(a) after ““the appropriate court”” insert “—

(a) ”, and

(b) for “Wales or” substitute “Wales means the family court; and

(b) in relation to a person residing or having assets”.

27M (1) Section 23 (orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as follows.

(2) In subsection (1) (orders registered at time when 1920 Act ceases to apply)—

(a) after “High Court”, in the first place, insert “or the High Court of Justice in Northern Ireland”,

(b) for “the High Court”, in the second place, substitute “subsection (1A) applies in relation to the order.

(1A) Where the order was at that time registered in the High Court, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to the family court, with a view to the order being registered in the family court under this Part of this Act; and where the order was at that time registered in the High Court of Justice in Northern Ireland, that court”,

(c) after “magistrates’ court” insert “in Northern Ireland”, and

(d) after “registered in that” insert “magistrates’”.

(3) Before subsection (2) insert—

“(1B) Where the High Court transfers an order to the family court under this section it shall—

(a) cause a certified copy of the order to be sent to an officer of the family court, and

(b) cancel the registration of the order in the High Court.”

(4) In subsection (2) (certified copy to be sent to court which is to register order) after “High Court”, in the first place, insert “of Justice in Northern Ireland”.

(5) In subsection (3) (officer to register order) omit “appropriate”.

(6) In subsection (4)—

(a) for “the magistrates’” substitute “a”, and

(b) for “appropriate officer of the court” substitute “officer registering it”.

(7) Omit subsection (5) (Northern Ireland: modification).

(8) In subsection (6) (meaning of “appropriate officer”) for the words from “means—” to the end substitute “, in relation to a magistrates’ court in Northern Ireland, means the clerk of the court.”

27N In section 26(6)(a) (appropriate officer) for the words from “the designated” to the end substitute “an officer of the family court”.

27O In section 27B (sending application to which section 27A applies to appropriate magistrates’ court)—

(a) in subsection (1) for the words from “designated” to the end substitute “family court”,

(b) in subsection (2) (attempted service of respondent)—

(i) for “Subject to subsection (4) below, if” substitute “If”,

(ii) for “a magistrates’ court having jurisdiction to hear it” substitute “the family court”,

(iii) for “designated officer for the” substitute “family”, and

(iv) for “he” substitute “the family court”,

(c) omit subsections (4) and (5) (sending on of application to another magistrates’ court), and

(d) in the title for “appropriate magistrates’” substitute “family”.

27P In section 27C (applications to which section 27A applies: general)—

(a) in subsection (1) for “a magistrates’” substitute “the family”,

(b) omit subsection (2) (disapplication of section 59 of Magistrates’ Courts Act 1980),

(c) in subsection (3) (court to exercise one of its powers under subsection (4) upon making order) for “shall” substitute “may”,

(d) in subsection (4) (available powers)—

(i) in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “the court”, and

(ii) in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980” substitute “1(5) of the Maintenance Enforcement Act 1991”,

(e) in subsection (5) (deciding on exercise of powers)—

(i) for “which of the” substitute “whether to exercise any of its”, and

(ii) omit “it is to exercise”,

(f) in subsection (6) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection (6) of section 1 of the Maintenance Enforcement Act 1991”, and

(g) in subsection (7) (registration)—

(i) omit “designated officer for the”, and

(ii) omit “in the court”.

27Q In section 28 (applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978)—

(a) in subsection (1) (orders court may make)—

(i) for “The magistrates’ court” substitute “On”, and

(ii) after “1978” insert “, the family court”, and

(b) in subsection (2) (modifications of 1978 Act)—

(i) in paragraph (a) for “to 27” substitute “, 26”, and

(ii) omit paragraph (b), but not the “and” following it.

27R In section 28A (applications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978)—

(a) in subsection (2) (jurisdiction of magistrates’ court) for the words from the beginning to “it” substitute “The family court shall have jurisdiction to hear the application”,

(b) in subsection (3) (court’s powers) for “magistrates’ court hearing the application” substitute “family court”, and

(c) in subsection (6) (modifications of 1978 Act)—

(i) in paragraph (e) for “and 25 to 28” substitute “25, 26 and 28”, and

(ii) omit paragraph (f), but not the “and” following it.

27S Section 28B (certain orders under Schedule 11 to the Children Act 1989 do not apply) is repealed.

27T (1) Section 32 (transfer of orders) is amended as follows.

(2) In subsection (2) (transfer to other magistrates’ court)—

(a) for “the appropriate officer”, in the first and second places, substitute “the clerk”,

(b) after “magistrates’ court”, in the first place, insert “in Northern Ireland”,

(c) for the words from “that part” to “court is” substitute “Northern Ireland”, and

(d) for “the appropriate officer”, in the third place, substitute “that clerk”.

(3) Omit subsection (2A) (meaning of “appropriate officer”).

(4) In subsection (8) in the definition of “the appropriate court”—

(a) after ““the appropriate court”” insert “—

(a) ”, and

(b) for “Wales or” substitute “Wales, means the family court; and

(b) in relation to a person residing”.

27U In section 33 (enforcement of orders)—

(a) omit subsections (3) and (3A) (enforcement by magistrates’ courts in England and Wales),

(b) in subsection (3B) (enforcement by courts of summary jurisdiction in Northern Ireland) after “jurisdiction”, in the first place, insert “in Northern Ireland”, and

(c) in subsection (4) (magistrates’ court to take prescribed steps) after “court” insert “in Northern Ireland”.

27V In section 34 (variation and revocation of orders)—

(a) in subsection (1) (powers of registering court etc) omit “subsection (3A) below and”,

(b) in subsection (3) (officer to whom application to be sent) for the words from “shall” to the end substitute “shall—

(a) if the registering court is the family court, send the application together with any documents accompanying it to that court,

(b) if the registering court is a magistrates’ court in Northern Ireland, send the application together with any documents accompanying it to the clerk of that court.”, and

(c) omit subsection (3A) (modification of section 60 of Magistrates’ Courts Act 1980 in relation to registered orders).

27W (1) Section 34A (variation of orders by magistrates’ courts in England and Wales) is amended as follows.

(2) In subsection (1) (application of certain provisions)—

(a) for “a magistrates’ court in England and Wales” substitute “the family court”, and

(b) for paragraph (a) substitute—

“(a) section 1(3A) of the Maintenance Enforcement Act 1991;”.

(3) In subsection (2) (court may exercise one of powers under subsection (3) upon varying order) for “a magistrates’ court in England and Wales” substitute “the family court”.

(4) In subsection (3) (available powers)—

(a) in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “the court”, and

(b) in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980” substitute “1(5) of the Maintenance Enforcement Act 1991”.

(5) Omit subsections (4) to (8) (variation by justices’ clerk).

(6) In subsection (9) (deciding on exercise of powers)—

(a) for “subsections (2) and (8)” substitute “subsection (2)”,

(b) for “which of the” substitute “whether to exercise any of its”,

(c) omit “it is to exercise”, and

(d) after “debtor” insert “or the creditor”.

(7) In subsection (10) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980” substitute “Subsection (6) of section 1 of the Maintenance Enforcement Act 1991”.

(8) In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates’ Courts Act 1980” substitute “section 1 of the Maintenance Enforcement Act 1991”.

(9) In the title for “magistrates’ courts” substitute “the family court”.

27X In section 35 (further provision relating to variation etc of orders by magistrates’ courts in England and Wales)—

(a) in subsection (1) (powers exercisable notwithstanding that applicant resides outside England and Wales) for “a magistrates’ court in England and Wales” substitute “the family court”,

(b) in subsection (2) (powers under section 34A not exercisable) omit “, or of the clerk of the court,”,

(c) in subsection (3) (proceedings in absence of respondent) for “a magistrates’ court in England and Wales” substitute “the family court”, and

(d) in the title for “magistrates’ courts” substitute “the family court”.

27Y (1) Section 36 (admissibility of evidence given in convention country) is amended as follows.

(2) Before subsection (1) insert—

“(A1) A statement contained in a document mentioned in subsection (1) shall—

(a) in any proceedings in the family court arising out of an application to which section 27A(1) of this Act applies or an application made by any person for the variation or revocation of a registered order, or

(b) in proceedings on appeal from proceedings within paragraph (a),

be admissible as evidence of any fact stated to the same extent as oral evidence of that fact is admissible in those proceedings.”

(3) In subsection (1) (statements made in convention country to be admissible)—

(a) for “A statement contained in—” substitute “The documents referred to in subsections (A1) and (1A) are—”,

(b) omit the “or” following paragraph (a) and the “or” following paragraph (b),

(c) after paragraph (c) insert—

“(1A) A statement contained in a document mentioned in subsection (1)”,

(d) after “magistrates’ court” insert “in Northern Ireland”, and

(e) omit “an application to which section 27A(1) of this Act applies,”.

27Z In section 38 (obtaining evidence at request of court in convention country)—

(a) in subsection (4) (application of provisions of Magistrates’ Courts Act 1980) for the words from “Section” to “1980” substitute “Articles 118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland) Order 1981”,

(b) in subsection (4) after “a magistrates’ court” insert “in Northern Ireland”, and

(c) omit subsection (6) (Northern Ireland: modifications).

27Z1 In section 38A(1) (rules of court) after “done by” insert “the family court or”.

27Z2 In section 42 (provisional order to cease to have effect on remarriage) in subsection (1) and in the title omit “magistrates’”.

27Z3 In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the words from “construed—” to “in relation to”, in the second place, substitute “construed in relation to”.”

102*

Page 153, line 10, at end insert—

“Civil Jurisdiction and Judgments Act 1982 (c. 27)

55A (1) The Civil Jurisdiction and Judgments Act is amended as follows.

(2) In the second sentence of section 5(1) (enforcement of maintenance orders under 1968 Convention) after “Article 32” insert “but, if the appropriate court is a magistrates’ court in England and Wales, the Lord Chancellor is to transmit the application to the family court”.

(3) In section 5(2) (determination of transmitted application) for “officer of that court” substitute “officer—

(a) of the family court if the application is transmitted to that court, or

(b) in any other case, of the court having jurisdiction in the matter”.

(4) Omit section 5(5A) to (5C) (enforcement in magistrates’s courts in England and Wales).

(5) In section 5(7) omit “England and Wales or”.

(6) In section 5(8) omit paragraph (a) (including the “and” at the end).

(7) In the second sentence of section 5A(1) (enforcement of maintenance orders under the Lugano Convention of 2007) after “Article 39” insert “but, if the appropriate court is a magistrates’ court in England and Wales, the Lord Chancellor is to transmit the application to the family court”.

(8) In section 5A(2) (determination of transmitted application) for “officer of” substitute “officer—

(a) of the family court if the application is transmitted to that court, or

(b) in any other case, of”.

(9) Omit section 5A(5) (enforcement in magistrate’s courts in England and Wales).

(10) In section 5A(7) omit “England and Wales or”.

(11) In section 5A(9) omit paragraph (a) (including the “and” at the end).

(12) Omit sections 6(3)(a) and 6A(3)(a) (appeals in England and Wales).

(13) In section 7(4) (interest on arrears)—

(a) omit “England and Wales or”,

(b) omit “section 2A of the Maintenance Orders Act 1958 or”, and

(c) for “enable” substitute “enables”.

(14) In section 15(3) (jurisdiction of magistrates’ courts)—

(a) after “particular magistrates’ court” insert “in Northern Ireland”, and

(b) for “in the same local justice area (or, in Northern Ireland, for the same petty sessions district)” substitute “for the same petty sessions district”.

(15) In section 36(1)(b) (registration of maintenance orders) for “county court order, a magistrates’” substitute “family”.

(16) In section 48(3) (rules of court relating to maintenance orders)—

(a) in the words before paragraph (a) for “magistrates’ courts,” substitute “the family court, the power to make rules of court for magistrates’ courts in Northern Ireland,”,

(b) in paragraphs (a) and (g) after “purposes of” insert “the family court or”, and

(c) in paragraphs (f) and (h) after “which” insert “the family court or”.

(17) In section 50 (interpretation) in the definition of “court of law”—

(a) after paragraph (a) insert—

“(aa) in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates’ court,”, and

(b) in paragraph (b) omit “England and Wales or”.”

103*

Page 154, line 38, at end insert—

“71A In section 14(1) (enforcement of residence orders in magistrates’ courts) omit “under section 63(3) of the Magistrates’ Courts Act 1980”.”

104*

Page 157, line 5, at end insert—

“Criminal Justice Act 1991 (c. 53)

93A In section 60(3) (applications under section 25 of Children Act 1989 in certain cases) for “92(2) of that Act or section 65 of the 1980” substitute “92(7) of that”.”

105*

Page 165, line 9, at end insert—

“170A In section 98F (power of constable to assist in exercise of powers of entry)—

(a) omit subsection (5) (which applies Schedule 11 to the Children Act 1989 to proceedings under section 98F), and

(b) for subsection (6) (meaning of “the court”) substitute—

“(6) In this section “court” means the High Court or the family court.””

106*

Page 166, line 5, after “paragraphs” insert “105, 109,”

107*

Page 166, line 6, at end insert—

“Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) In Schedule 6, paragraphs 21 and 25.”

108*

Page 166, line 10, leave out “and 70” and insert “, 45, 50, 70 and 89(2)”

109*

Page 166, line 15, leave out “paragraph 3” and insert “paragraphs 3, 13, 14, 18 and 21”

110*

Page 166, line 18, leave out “paragraph 2(7)” and insert “paragraphs 2(7), 7, 9 and 15”

111*

Page 166, line 24, at end insert—

“Access to Justice Act 1999 (c. 22) In Schedule 13, paragraphs 73(1) to (3), 79 and 80.”

112*

Page 166, line 30, at end insert “151 to 153, 154(a), 155(2)(a), 157, 158(a), 159 to 163,”

113*

Page 166, line 31, after “196(2),” insert “268, 269,”

114*

Page 167, line 10, column 2, leave out from beginning to “8.” in line 12 and insert “Articles 5 to”

Clause 18

LORD LLOYD OF BERWICK

[Amendment 115 was formerly numbered 69]

115*

Page 16, leave out lines 24 to 27

LORD GOODHART

 

Lord Goodhart gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill.

Schedule 12

LORD LLOYD OF BERWICK

[Amendment 116 was formerly numbered 70]

116*

Page 167, line 25, leave out paragraphs 2 and 3

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

[Amendment 117 was formerly numbered 71]

117*

Page 168, leave out line 42

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

[Amendment 118 was formerly numbered 72]

118*

Page 168, leave out line 45

LORD HENLEY

LORD MCNALLY

119*

Page 169, line 26, leave out “Prime Minister or”

LORD LLOYD OF BERWICK

[Amendment 120 was formerly numbered 73]

120*

Page 172, line 30, leave out paragraphs 9 to 13

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

[Amendment 121 was formerly numbered 74]

121*

Page 172, line 41, at end insert—

“In section 64(1) (encouragement of diversity) after “under this Part,” insert “and the Lord Chancellor and the Lord Chief Justice in performing their functions,”.”

LORD HENLEY

LORD MCNALLY

122*

Page 174, line 35, after “3B(2)(a)” insert “, 11”

123*

Page 175, line 12, leave out paragraph 19 and insert—

“19 (1) Paragraph 11 (vice-chairman) is amended as follows.

(2) In sub-paragraph (1) (most senior judicial member is vice-chairman) for “Commissioner who is the most senior of the persons appointed as judicial members” substitute “most senior of the holders of judicial office who are Commissioners”.

(3) In sub-paragraph (2) (meaning of seniority for the purposes of sub-paragraph (1)) for the words after “sub-paragraph (1)” substitute “seniority is to be determined in accordance with regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.”

(4) In sub-paragraph (3) (exercise by vice-chairman of functions of chairman) for the words from “other” to the end substitute “other than—

(a) any functions as a member of a commission convened under section 26(5) or (5A) or of a panel appointed under section 70(1), 75B(1) or 79(1) (including functions of chairing such a commission or panel), and

(b) any functions specified in regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.””

124*

Page 177, line 21, at end insert—

“Senior District Judge (Chief Magistrate) designated under section 23 of that Act

Deputy Senior District Judge (Chief Magistrate) designated under that section

(3A) In Table 1 of Part 1 omit the entries for the following former offices—

Senior District Judge (Chief Magistrate) designated under subsection (2) of section 10A of the Justices of the Peace Act 1997

Deputy Senior District Judge (Chief Magistrate) designated under that subsection”

125*

Page 178, leave out lines 14 to 18 and insert—

“(b) in paragraph (c) for “(3)(c)” substitute “(3)(d)”.”

126*

Page 184, line 29, at end insert—

“(6) In Table 1 of Part 2 omit the entry for the following former office—

Justice of the Peace appointed under section 5 of the Justices of the Peace Act 1997”

127*

Page 184, leave out line 40

128*

Page 184, leave out line 43

129*

Page 186, line 13, at end insert—

“(2A) In paragraph 3(1) (removal from office) before the “or” at the end of paragraph (b) insert—

“(ba) a person who is a deputy judge of the Upper Tribunal (whether by appointment under paragraph 7(1) or as a result of provision under section 31(2)),”.”

130*

Page 187, line 15, leave out from “Chancellor” to “and” in line 16 and insert “(and in accordance with paragraph 3),”

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

[Amendment 131 was formerly numbered 75]

131*

Page 194, leave out line 31

LORD PANNICK

BARONESS PRASHAR

LORD WOOLF

BARONESS JAY OF PADDINGTON

[Amendment 132 was formerly numbered 76]

132*

Page 194, leave out line 34

LORD HENLEY

LORD MCNALLY

133*

Page 195, line 14, leave out “(4) (subsection (3)” and insert “(5) (subsection (4)”

LORD GOODHART

 

Lord Goodhart gives notice of his intention to oppose the Question that Schedule 12 be the Twelfth Schedule to the Bill.

Clause 19

LORD HENLEY

LORD MCNALLY

134*

Page 17, line 17, after “tribunals” insert “, and updates references to chairmen of employment tribunals following their being renamed as Employment Judges”

After Clause 19

LORD HENLEY

LORD MCNALLY

135*

Insert the following new Clause—

“Transfer of immigration or nationality judicial review applications

(1) In section 31A of the Senior Courts Act 1981 (transfer from the High Court to the Upper Tribunal)—

(a) in subsection (2), for “, 3 and 4” substitute “and 3”,

(b) omit subsection (2A),

(c) in subsection (3), for “, 2 and 4” substitute “and 2”, and

(d) omit subsections (7) and (8).

(2) In consequence of the amendments made by subsection (1), section 53(1) of the Borders, Citizenship and Immigration Act 2009 is repealed.”

Schedule 13

LORD HENLEY

LORD MCNALLY

136*

Page 202, line 33, after “Wales)” insert “or the President of Employment Tribunals (Scotland)”

137*

Page 203, line 39, leave out “1” and insert “2”

138*

Page 203, line 41, leave out “Chancellor” and insert “Chief Justice”

139*

Page 204, line 4, leave out “1 of”” and insert “2 of”, and

(b) paragraph 38 of Schedule 12 has effect—

(i) as if a reference to the office of deputy judge of the High Court were inserted at the beginning of the list in sub-paragraph (4) of that paragraph, and

(ii) as if “second” were substituted for “first” in sub-paragraph (5) of that paragraph”

140*

Page 204, line 4, at end insert—

“(3) After section 94A of the 2005 Act (appointments not subject to section 85: courts) insert—

“94AA Appointments not subject to section 85: High Court deputy judge

(1) Where this section applies to an appointment, section 85 does not apply.

(2) This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that—

(a) there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court,

(b) it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and

(c) there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business.

(3) An appointment to which this section applies is to be made—

(a) so as not to extend beyond the day on which the particular business concerned is concluded, or

(b) so as not to extend beyond the later of—

(i) the day on which the business is concluded, or

(ii) the day expected when the appointment is made to be the day on which the business is concluded.”

(4) In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.”

141*

Page 204, line 41, leave out “chairmen of employment tribunals” and insert “Employment Judges”

142*

Page 204, line 42, after “Wales” insert “or for Scotland”

143*

Page 205, line 36, leave out “chairmen of employment tribunals” and insert “Employment Judges”

144*

Page 205, line 37, after “Wales” insert “or for Scotland”

145*

Page 205, line 41, at end insert—

“Part 3A Deployment of judges to the Court of Protection

5A (1) Section 46 of the Mental Capacity Act 2005 (judges of the Court of Protection) is amended as follows.

(2) In subsection (2) (persons who may be nominated as court’s judges) omit the “or” at the end of paragraph (d) and, after paragraph (e), insert “,

(f) a District Judge (Magistrates’ Courts),

(g) a judge of the First-tier Tribunal, or of the Upper Tribunal, by virtue of appointment under paragraph 1(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007,

(h) a transferred-in judge of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act),

(i) a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(j) the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal,

(k) the Judge Advocate General,

(l) a Recorder,

(m) the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc),

(n) a holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

(o) a deputy district judge appointed under section 102 of that Act or under section 8 of the County Courts Act 1984,

(p) a member of a panel of Employment Judges established for England and Wales or for Scotland,

(q) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(r) a deputy judge of the High Court,

(s) the Senior President of Tribunals,

(t) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

(u) the President of the Queen’s Bench Division,

(v) the Master of the Rolls, or

(w) the Lord Chief Justice.”

(3) In subsection (2)(b) for “Vice-Chancellor” substitute “Chancellor of the High Court”.

(4) In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be appointed senior judge of the court) for “or (e)” substitute “to (q)”.

(5) In section 4(5)(f) of the Human Rights Act 1998 (things done by certain judges in Court of Protection) for “Vice-Chancellor” substitute “Chancellor of the High Court”.”

146*

Page 208, line 17, at end insert—

“Part 7 Amendments following renaming of chairmen of employment tribunals

12 (1) In the following provisions for “chairmen”, or for “chairmen of employment tribunals”, substitute “Employment Judges”—

Constitutional Reform Act 2005: section 3(7B)(d) and (e),

Courts Act 1971: Part 1A of Schedule 2,

Courts and Legal Services Act 1990: Schedule 11,

Employment Tribunals Act 1996: sections 3A, 5A, 5B(4), 5D(2)(e) and 7B(6),

Judicial Pensions Act 1981: section 12(1)(c),

Judicial Pensions and Retirement Act 1993: section 26(12A)(i), and

Tribunals, Courts and Enforcement Act 2007: sections 4(1)(e) and (3)(d) and 47(5)(c)(iii), paragraph 12(1)(c) of Schedule 1 and paragraph 7(1)(a) of Schedule 2.

(2) In the following provisions for “chairman of employment tribunals” substitute “Employment Judge”—

Constitutional Reform Act 2005: Part 3 of Schedule 14, in both places,

Tribunals, Courts and Enforcement Act 2007: paragraph 6(1)(e) and (4)(b) of Schedule 7, and

Judicial Pensions and Retirement Act 1993: Schedules 1 and 5.

(3) In sections 10(4) and 30(2B)(b) of the Employment Tribunals Act 1996 for “Chairman” substitute “Employment Judge”.

(4) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for “or member of a panel of persons appointed to act as chairmen or other members of employment tribunals” substitute “Employment Judge, or member of a panel of members of employment tribunals that is not a panel of Employment Judges”.

(5) In paragraph 5(2)(g) and (5)(vii) of Schedule 7 to the Judicial Pensions and Retirement Act 1993 before “chairman” insert “Employment Judge, before 3 November 2008 called”.”

Clause 20

LORD TOUHIG

[Amendment 147 was formerly numbered 77]

147*

Page 17, line 23, at end insert—

“( ) In fixing such an amount, and subsequent additions, account must be taken of the person’s relevant weekly income, excluding housing benefit and child benefit, and allowance must be made for the protection of a reasonable financial subsistence level, in the manner used to determine the initial fine.”

After Clause 22

LORD LESTER OF HERNE HILL

LORD PANNICK

[Amendment 148 was formerly numbered 78]

148*

Insert the following new Clause—

“Scandalising the judiciary

Abolition of offence of scandalising the judiciary

The offence of scandalising the judiciary under the common law of England and Wales and the common law of Northern Ireland is abolished.”

Clause 25

LORD HENLEY

149*

Page 23, line 23, leave out subsection (4)

Clause 26

LORD HENLEY

150*

Page 25, line 23, at end insert “, or

(c) in connection with the prevention, investigation or prosecution of any of the following offences (insofar as that does not involve the exercise of a function which falls within paragraph (a) or (b))—

(i) an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

(ii) an offence under section 22 of the UK Borders Act 2007 (assaulting an immigration officer).”

151*

Page 26, line 8, after “offence” insert “or immigration enforcement offence”

152*

Page 26, line 26, at end insert—

““immigration enforcement offence” means any of the following offences (insofar as they are not immigration or nationality offences)—

(a) an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

(b) an offence under section 22 of the UK Borders Act 2007 (assaulting an immigration officer);”

153*

Page 26, line 44, leave out “officers of Revenue and Customs” and insert “immigration officers”

Schedule 14

LORD HENLEY

154*

Page 219, line 9, at end insert—

“(4) Regulation 3(1)(b) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 (duty solicitors: advice for suspects) applies in relation to a person to whom section 25A of the 1995 Act applies by virtue of its amendment by paragraph 46 of this Schedule; and, accordingly, in regulation 3(1)(b), after “customs” insert “, immigration and nationality”.

(5) But regulation 3(1)(b) does not have effect in relation to such a person in a case where—

(a) the person is detained under section 24 of the 1995 Act, and the period of detention began before the time at which paragraph 46 of this Schedule comes into force;

(b) the person attends as mentioned in section 25A(1)(d) of the 1995 Act, and the period of attendance began before that time; or

(c) the person is arrested and detained as mentioned in section 25A(1)(e) of that Act, and the arrest occurred before that time.

(6) Sub-paragraph (4) does not affect the application of regulation 3(1)(b) in relation to a person to whom section 25A of the 1995 Act applies otherwise than by virtue of its amendment by paragraph 47 of this Schedule.

(7) Sub-paragraphs (4) to (6) do not prevent regulation 3(1)(b) from being amended or revoked by exercise of any power conferred by the Legal Aid (Scotland) Act 1986 or any other power.

(8) In this paragraph “1995 Act” means the Criminal Law (Consolidation) (Scotland) Act 1995.”

After Clause 27

LORD MAWHINNEY

LORD MACKAY OF CLASHFERN

LORD MACDONALD OF RIVER GLAVEN

[Amendment 155 was formerly numbered 79]

155*

Insert the following new Clause—

“Public order

Public order offences

(1) Section 5 of the Public Order Act 1986 is amended as follows.

(2) In subsection (1), for “abusive or insulting” in the two places where it occurs there is substituted “or abusive”.”

Clause 31

LORD HENLEY

LORD MCNALLY

156*

Page 31, line 35, after “1920” insert “, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972”

157*

Page 31, line 36, at end insert—

“(7A) The amendments made by this Act in the Industrial and Provident Societies Act 1965 extend to England and Wales, and Scotland, only.”

158*

Page 31, line 37, leave out “subsection (7)” and insert “subsections (7) and (7A)”

159*

Page 31, line 39, at end insert—

“(8A) Subsection (8) does not apply to the amendments made by this Act in the Government Annuities Act 1929 or the Friendly Societies Act 1974 (which amendments, accordingly, extend to England and Wales, Scotland and Northern Ireland only).”

Prepared 20th June 2012