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'17D. In section (Proof by written statement)(1) for "section 9 of the Criminal Justice Act 1967" substitute "section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968" and for "subsection (3)(a)" substitute "subsection (4)(a)".'
108

Page 48, line 50, at end insert--


'17E. In section 54 for subsection (1) substitute--
"(1) In Article 10 of the Magistrates' Courts (Northern Ireland) Order 1981--
(a) in paragraph (1) (power of Lord Chancellor to defray expenses in connection with proceedings) after the words "justice or clerk" (where they first occur) there shall be inserted "in relation to any matter other than a criminal matter", and
(b) after paragraph (1) there shall be inserted--
"(1A) The Lord Chancellor shall defray any expenses reasonably incurred by a resident magistrate or other justice of the peace or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution, of the office of that magistrate, justice or clerk in relation to any criminal matter, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith."."'.
109

Page 49, line 11, at end insert--


'19A. For section (Power of magistrates' courts) substitute--

"Power of magistrates' courts.

. Anything authorised or required by this Act to be done by, to or before the magistrates' court by, to or before which any other thing was done, or is to be done, may be done by, to or before any magistrates' court acting for the same county court division as that court."'.
110

Page 50, line 15, leave out 'was' and insert 'is'.


111

Page 53, line 25, at end insert--

'1A. WAR CRIMES

Chapter orNumberShort titleExtent of repeal
1981 NI 18. The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. In Article 29(2), sub-paragraph (d) and the word "or" immediately before it.
1991 c.13. The War Crimes Act 1991. Section 1(4), so far as relating to Part II of the Schedule. Section 3(3). Part II of the Schedule.'

112

Page 53, line 25, at end insert--

'1B. SUMMONSES TO WITNESSES

ChapterShort titleExtent of repeal
1831 c. 44. The Tumultuous Risings (Ireland) Act 1831. Section 8.

This repeal has effect in accordance with section (Summons to witness to attend Crown Court) of this Act.'

Baroness Blatch: My Lords, these amendments to Schedule 3 contain modifications from Northern Ireland in consequence of Commons amendments relating to the law in England and Wales. I realise that the amendments

26 Jun 1996 : Column 1000

tabled by the Opposition have not been moved and I hope that that is what the noble Lord, Lord McIntosh, wants to do with those amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 93 to 112.--(Baroness Blatch.)

Lord McIntosh of Haringey: My Lords, as our plea was rejected so coldly, we were not going to move the amendments to Amendment No. 90 and we accept that Amendment No. 90 has been agreed to.

On Question, Motion agreed to.

COMMONS AMENDMENTS

113

Schedule 4, page 54, line 15, leave out from beginning to end of line 16.


114Page 54, column 3, leave out line 17 and insert-- 'Section 34(7). Section 36(8). Section 37(7). Section 44. Schedule 4. In Schedule 11, the entries mentioned in note 1 below.'
115

Page 54, line 18, at end insert--


'1. The entries in Schedule 11 to the 1994 Act are those relating to the following--
(a) sections 13(3) and 49(2) of the Criminal Justice Act 1925;
(b) section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965;
(c) section 7 of the Criminal Justice Act 1967 and in section 36(1) of that Act the definition of "committal proceedings";
(d) in paragraph 1 of Schedule 2 to the Criminal Appeal Act 1968 the words from "section 13(3)" to "but";
(e) in section 46(1) of the Criminal Justice Act 1972 the words "Section 102 of the Magistrates' Courts Act 1980 and", "which respectively allow", "committal proceedings and in other", "and section 106 of the said Act of 1980", "which punish the making of", "102 or" and ", as the case may be", and section 46(2) of that Act;
(f) in section 32(1)(b) of the Powers of Criminal Courts Act 1973 the words "tried or";
(g) in Schedule 1 to the Interpretation Act 1978, paragraph (a) of the definition of "Committed for trial";
(h) in section 97(1) of the Magistrates' Courts Act 1980 the words from "at an inquiry" to "be) or", sections 102, 103, 105, 106 and 145(1)(e) of that Act, in section 150(1) of that Act the definition of "committal proceedings", and paragraph 2 of Schedule 5 to that Act;
(i) in section 2(2)(g) of the Criminal Attempts Act 1981 the words "or committed for trial";
(j) in section 1(2) of the Criminal Justice Act 1982 the words "trial or";
(k) paragraphs 10 and 11 of Schedule 2 to the Criminal Justice Act 1987;
(l) in section 20(4)(a) of the Legal Aid Act 1988 the words "trial or", and section 20(4)(bb) and (5) of that Act;
(m) in section 1(4) of the War Crimes Act 1991 the words "England, Wales or", and Part I of the Schedule to that Act.'
116

Page 54, line 19, leave out 'These repeals' and insert '2. The repeals under this paragraph (reinstatement of certain provisions)'.

26 Jun 1996 : Column 1001


117

Page 54, line 19, leave out 'Schedule l to' and insert 'section (Reinstatement of certain provisions) of'.


118

Page 54, line 19, at end insert--

'1A. WAR CRIMES

ChapterShort titleExtent of repeal
1988 c.34. Legal Aid Act 1988. Section 20(4)(bb).
1991 c.13. War Crimes Act 1991. In section 1(4) the words "England, Wales or". Section 3(2). Part I of the Schedule.'

119

Page 54, line 20, leave out from beginning to end of line 26.


120

Page 55, line 13, at end insert--

'4A. SPECIMENS

ChapterShort titleExtent of repeal
1992 c.42. Transport and Works Act 1992. In section 31(4) the word "or" at the end of paragraph (b).

This repeal has effect in accordance with section (Road traffic and transport: provision of specimens) of this Act.'
121

Page 55, line 13, at end insert--

'4B. WITNESS ORDERS

ChapterShort titleExtent of repeal
1965 c.69. Criminal Procedure (Attendance of Witnesses) Act 1965. Section 1. In section 3(1) the words "witness order or". In section 4(1) the words "witness order or" and (where they next occur) "order or". In the proviso to section 4(1) the words from "in the case" (where they first occur) to "witness summons". In section 4(2) the words "a witness order or" and (where they next occur) "order or".
1971 c.23. Courts Act 1971. In Schedule 8, paragraph 45(1).
1980 c.43. Magistrates' Courts Act 1980. Section 145(1)(e).

These repeals have effect in accordance with provision made by the Secretary of State by order under section (Abolition of witness orders) of this Act.'
122

Page 55, line 13, at end insert--

'4C. SUMMONSES TO WITNESSES

ChapterShort titleExtent of repeal
1965 c.69. Criminal Procedure (Attendance of Witnesses) Act 1965. Schedule 1.
1971 c.23. Courts Act 1971. In Schedule 8, paragraph 45(2) and (5).

These repeals have effect in accordance with section (Summons to witness to attend Crown Court) of this Act.'
123

Page 56, line 11, at end insert--

'6A. COMMITTAL PROCEEDINGS

ChapterShort titleExtent of repeal
1867 c. 35. Criminal Law Amendment Act 1867. Section 6. Section 7.

26 Jun 1996 : Column 1002

1972 c. 71. Criminal Justice Act 1972. In section 46(1) the following words-- "Section 102 of the Magistrates' Courts Act 1980 and"; "which respectively allow"; "committal proceedings and in other"; "and section 106 of the said Act of 1980"; "which punish the making of"; "102 or"; ", as the case may be". Section 46(2).
1980 c. 43. Magistrates' Courts Act 1980. Section 28. In section 97(1) the words "at an inquiry into an indictable offence by a magistrates' court for that commission area or". Section 102. Section 103(3) and (4). Section 105. In Schedule 7, paragraph 2.
1988 c. 33. Criminal Justice Act 1988. In section 32A(10) the words "notwithstanding that the child witness is not called at the committal proceedings". In Schedule 15, paragraph 68.

These repeals have effect in accordance with provision made by the Secretary of State by order under Schedule (Committal proceedings) to this Act.'
124

Page 56, line 11, at end insert--


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