Crime and Courts Bill [HL]

REVISED
FOURTH
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 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 12

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 PANNICK

BARONESS JAY OF PADDINGTON

LORD IRVINE OF LAIRG

LORD MACKAY OF CLASHFERN

119A

Page 172, line 26, at end insert—

“8A Section 35(3) of the Constitutional Reform Act 2005 is repealed.

8B A judge of the Supreme Court shall vacate that office on the day on which he attains the age of 75.”

LORD LLOYD OF BERWICK

LORD WOOLF

LORD CARSWELL

[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 PANNICK

BARONESS PRASHAR

121A

Page 172, line 41, at end insert—

“(4) Sections 63 and 64 shall apply in relation to the appointment of judges of the Supreme Court.”

LORD FALCONER OF THOROTON

LORD BEECHAM

121AA

Page 172, line 41, at end insert—

“Duty to promote diversity in the judiciary

After section 64 of the Constitutional Reform Act 2005 insert—

“64A Duty to promote diversity in the judiciary

(1) The Lord Chancellor, the Lord Chief Justice and the Commission shall each be under a duty to promote diversity in the judiciary.

(2) For the avoidance of doubt, the duty set out in this section is additional to the duty on the Commission set out in section 64.

(3) Each of the persons and the Commission identified in subsection (1) shall lay before Parliament a report annually, describing their performance of the duty in this section, and in the Commission’s case the duty in section 64 as well, and the contribution made towards a more diverse judiciary, in the preceding year.

(4) These duties shall continue for five years, but may be extended for five year terms by order.

(5) This section is subject to section 63.””

121AB

Page 173, line 32, at end insert—

“Judicial appointments

13A After section 65 of the Constitutional Reform Act 2005 insert—

“65A Additional guidance

The Lord Chancellor, after consultation with the Lord Chief Justice, the Treasury Solicitor and the chairman of the Judicial Appointments Commission, shall issue guidance as to the circumstances in which those employed by the Government Legal Service, the Crown Prosecution Service or any other government legal office may apply for any of the judicial office or tribunal posts, which are in the remit of the Judicial Appointments Commission.””

121AC

Page 174, line 11, leave out “not be greater” and insert “be less”

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.””

LORD FALCONER OF THOROTON

LORD BEECHAM

123A

Page 176, line 35, leave out paragraph 27

LORD HENLEY

LORD MCNALLY

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”

LORD FALCONER OF THOROTON

LORD BEECHAM

124A

Page 177, line 27, leave out paragraph 28

LORD HENLEY

LORD MCNALLY

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”

LORD FALCONER OF THOROTON

LORD BEECHAM

126A

Page 184, line 32, leave out paragraph 40

LORD HENLEY

LORD MCNALLY

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.”

LORD BEECHAM

147ZA*

Page 17, line 41, at end insert—

“75B Minimum size of Charging Order

The Secretary of State shall by regulation prescribe the minimum amount above which a Charging Order may be granted in respect of a judgment debt, which shall be laid before, and approved by a resolution of, each House of Parliament.”

147ZB*

Page 18, line 6, at end insert—

“36B Regulatory system for bailiffs

The Secretary of State shall establish a new regulatory system for bailiffs.”

 

Lord Beecham gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.

Clause 22

LORD BEECHAM

147ZC*

Page 21, line 28, at end insert—

“(1A) Before issuing any order under subsection (1), the Lord Chancellor shall first report to Parliament that the following principles have been adhered to in any decisions made under subsection (1)—

(a) The protection of witnesses, victims, defendants, parties and jurors, who shall under no circumstances be recorded;

(b) The promotion and proper administration of justice;

(c) Filming shall not be permitted if it would cause undue prejudice to any person involved in the proceedings.”

LORD THOMAS OF GRESFORD

BARONESS HAMWEE

147A

Page 21, line 34, at end insert—

“( ) An order made pursuant to subsection (1) may relate to—

(a) the delivery of judgments in appeals before the Court of Appeal;

(b) sentencing remarks after verdict in trials in the Crown Court; or

(c) such other proceedings as may be prescribed.”

LORD BEECHAM

147B*

Page 21, line 43, at end insert—

“In making such a direction, the court or tribunal shall have regard to the principles set out in subsection (1A)(a) to (c).”

After Clause 22

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD BEW

LORD MACKAY OF CLASHFERN

[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 24

LORD AVEBURY

148A

Page 23, line 2, at end insert—

“( ) This section shall not have effect in relation to an appeal against a refusal of entry clearance where that decision was taken wholly or partly on a general ground for refusal in rules as laid by the Secretary of State for the purposes of section 1(4) of the Immigration Act 1971.”

 

Lord Avebury gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill.

After Clause 24

LORD AVEBURY

148B

Insert the following new Clause—

“Immigration appeals: race discrimination grounds

In the Nationality, Immigration and Asylum Act 2002, in section 84(1)(b), after “Race Relations (Northern Ireland) Order 1997” insert “or relates to section 115 of the Equality Act 2010 in relation to the protected characteristic identified in section 9 of that Act”.”

148C

Insert the following new Clause—

“Immigration appeals: asylum and humanitarian protection

In the Nationality, Immigration and Asylum Act 2002, in section 83(1)(b) omit the words from “Kingdom” to the end.”

148D

Insert the following new Clause—

“Appeal from within the United Kingdom: unfounded human rights or asylum claim

In the Nationality, Immigration and Asylum Act 2002, in section 94, omit subsection (8).”

148E

Insert the following new Clause—

“Appeal in progress

In the Nationality, Immigration and Asylum Act 2002, in section 99(1), omit “96(1) or (2)”.”

Clause 25

LORD AVEBURY

148F

Page 23, line 22, at end insert—

“(4) This section does not apply if—

(a) the person concerned is stateless,

(b) the person concerned has previously made an asylum claim or a human rights claim and been granted leave on that basis, or

(c) the person concerned asserts in his or her grounds of appeal an asylum claim or a human rights claim.”

148G

[Withdrawn]

LORD HENLEY

LORD AVEBURY

149

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

LORD AVEBURY

 

Lord Avebury gives notice of his intention to oppose the Question that Clause 25 stand part of the Bill.

After Clause 25

LORD AVEBURY

149A

Insert the following new Clause—

“Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, after paragraph 30 insert—

“Immigration: civil legal services provided in relation to certain variations of leave

30A Civil legal services provided in relation to a decision under section 82(2)(e) of the Nationality Immigration and Asylum Act 2002 in cases where the Secretary of State seeks to rely on section 97B of that Act.””

149B

Insert the following new Clause—

“Immigration and nationality appeals from the Upper Tribunal

Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to court of appeal etc.) does not apply in relation to immigration and nationality appeals from the Upper Tribunal.”

149C

Insert the following new Clause—

“Immigration and nationality appeals from the Upper Tribunal

(1) Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to the court of appeal etc.) does not apply in relation to immigration and nationality appeals from the Upper Tribunal where the grounds of appeal include a point of law relating to the Refugee Convention or the Human Rights Convention.

(2) In this section—

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol;

“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998.”

Clause 26

LORD BERKELEY

149D*

Page 25, line 5, at end insert—

“(6A) In the UK Borders Act 2007, in section 48 (establishment) after paragraph (2)(b) insert—

“(c) practice and procedure in facilitating the entry into the UK of all bona fide EU and other passport holders, in monitoring of waiting times for processing of incoming passengers at fixed control points, and in processing passengers on international train services between the nearest stations served on each side of the border.””

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”

LORD AVEBURY

153A

Page 27, line 8, at end insert—

“(15) The Borders, Citizenship and Immigration Act 2009 is amended as follows.

(16) In section 23(1) for “the Secretary of State must” substitute “the Secretary of State may”.

(17) After section 23(1)(d), insert—

“(e) the provision of services provided by another person pursuant to arrangements which are made by the Secretary of State and relating to the discharge of a function within paragraphs (a) to (d).””

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.”

Clause 27

BARONESS HAMWEE

154A

Page 27, line 26, leave out from “supplied” to “, and” in line 29

154B

Page 28, line 12, at end insert “following consultation with the Advisory Council on the Misuse of Drugs, persons representing the medical profession, the pharmaceutical industry, and patients and other appropriate persons”

154C

Page 28, line 16, at end insert—

“( ) In this section “supplied” includes purchased over the counter.”

154D

Page 28, leave out line 17 and insert—

“( ) Limits specified under subsection (2) may be different for—

(a) a drug prescribed or supplied for medical or dental purposes, and

(b) controlled drugs.”

BARONESS MEACHER

 

Baroness Meacher gives notice of her intention to oppose the Question that Clause 27 stand part of the Bill.

After Clause 27

LORD MAWHINNEY

LORD MACKAY OF CLASHFERN

LORD MACDONALD OF RIVER GLAVEN

BARONESS HAMWEE

[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 23

LORD RAMSBOTHAM

 

Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 23 stand part of the Bill.

Clause 28

LORD HENLEY

LORD MCNALLY

155A

Page 29, line 23, after “State” insert “or Lord Chancellor”

155B

Page 29, line 28, after “State” insert “or Lord Chancellor”

155C

Page 29, line 38, at end insert—

“(ea) an order under section 22(1);”

LORD THOMAS OF GRESFORD

BARONESS HAMWEE

155CA

Page 29, line 38, at end insert—

“( ) an order under section 22;”

LORD HENLEY

LORD MCNALLY

155D

Page 29, line 42, after “State” insert “or Lord Chancellor”

155E

Page 30, line 21, leave out subsections (9) and (10)

Clause 31

LORD AVEBURY

155F

Page 31, line 30, at end insert—

“( ) An order to bring section 26 into force shall not be made until—

(a) the Secretary of State has laid before Parliament a report about training, supervision and regulation of immigration officers;

(b) the Secretary of State has confirmed that she is satisfied that the training and supervision provided to immigration officers is adequate to allow them to fulfil their duties; and

(c) the Secretary of State has confirmed that provisions of a code have been specified for the purposes of section 145(1) of the Immigration and Asylum Act 1999 in relation to immigration officers exercising any of the powers to which that section refers.”

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 27th June 2012