Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 8
 
  
BY THE LORD CHANCELLOR
 
317A     Page 78, line 22, leave out from ("for") to end of line 28 and insert (""any one of the police magistrates at any of the Metropolitan Police Courts" substitute "two justices of the peace", and
    (b)  omit the words from "or if the offence,", in the first place, to "the county;".")
 
317B     Page 82, line 38, leave out from ("for") to end of line 40 and insert (""chief metropolitan stipendiary magistrate or a designated metropolitan magistrate" substitute "Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him".") 
317C     Page 82, leave out lines 41 to 43 and insert--
 
    ("35.--(1) Section 9 (proceedings for committal) is amended as follows.
 
    (2)  In subsection (1) (person arrested in pursuance of a warrant under section 8 to be brought before a court consisting of a metropolitan magistrate or a sheriff), omit the words from "consisting" to the end.
 
    (3)  In subsection (2) (court of committal in England and Wales), after Wales" insert "shall consist of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him and".
 
    (4)  In subsection (3) (court of committal in Scotland), after "Scotland" insert "shall consist of the sheriff of Lothian and Borders and".")
 
317D     Page 83, leave out line 3 and insert ("In paragraphs 1(2)(b), 6(2), 7(1) and (2), 8(1) and 11, for "metropolitan magistrate"") 
317E     Page 83, line 4, at end insert--
 
    ("(  )  In paragraph 4(2) (order of Secretary of State for issue of warrant), for "a metropolitan magistrate" substitute "the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him".
 
    (  )  In paragraph 5 (issue of warrant for apprehension on receipt of order by metropolitan magistrate)--
    (a)  in sub-paragraphs (1)(a) and (3), for "a metropolitan magistrate" substitute "the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates' Courts) designated by him,", and
    (b)  in sub-paragraph (4), for "metropolitan magistrate, unless the metropolitan magistrate" substitute "District Judge (Magistrates' Courts) unless he".
    (  )  In paragraph 6(1) (hearing of case), for "metropolitan magistrate, the metropolitan magistrate" substitute "District Judge (Magistrates' Courts) he".")
 
317F     Page 83, line 6, at end insert ("references to the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him were to any District Judge (Magistrates' Courts) and those references and the") 
317G     Page 83, line 9, leave out from ("Ireland;",") to end of line 11 and insert--
    ("(b)  in sub-paragraph (1)(c), for "the stipendiary magistrate," substitute "any District Judge (Magistrates' Courts), or the", and
    (c)  omit sub-paragraph (2).")
 
  
Clause 55
 
  
BY THE LORD GISBOROUGH
 
318     Page 30, line 44, at end insert ("; and
    (c)  such functions relating to matters of an administrative character or a non-judicial character as they may be authorised to undertake.")
 
  
Clause 58
 
  
BY THE LORD CHANCELLOR
 
318A     Page 35, line 14, leave out from ("requiring") to end of line 16 and insert ("every magistrates' courts committee, or every specified magistrates' courts committee, to obtain for the performance of any function referred to in section 55(1) above") 
318B     Page 35, leave out lines 22 to 25 and insert--
 
    ("(2)  Regulations made by virtue of subsection (1) above may include provision requiring magistrates' courts committees to obtain the specified goods or services, or goods or services of the specified description--
    (a)  from a specified person or person of a specified description;
    (b)  at or by a specified time; or
    (c)  both from such a person and at or by such a time.")
 
  
Clause 59
 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 59 stand part of the Bill. 
  
Clause 60
 
  
BY THE LORD GISBOROUGH
 
319     Page 36, leave out lines 7 to 10 
320     Page 36, line 41, at beginning insert ("not") 
321     Page 36, line 42, after ("their") insert ("judicial or legal") 
322     Page 36, line 43, after ("any") insert ("such") 
  
BY THE VISCOUNT TENBY
 
322A*     Page 37, line 4, at end insert--
    ("(  )  after "functions" insert "and powers";")
 
322B*     Page 37, line 10, at end insert--
 
    ("(  ) In section 48(2) of that Act (meaning of functions referred to in subsection (1))--
    (a)  after "functions", in the first place where it occurs, insert "and powers";
    (b)  for "functions", in the second place where it occurs, substitute the functions and powers"; and
    (c)  at the end insert "and the functions and powers referred to in section 45(4) and (5) above".")
 
  
Clause 61
 
  
BY THE LORD GISBOROUGH
 
323     Page 37, line 16, leave out subsections (2) to (4) 
324     Page 37, line 25, after ("functions") insert ("of a non-judicial and legal nature") 
325     Page 37, line 26, leave out ("an individual") and insert ("any") 
326     Page 37, line 27, after ("case,") insert--
    ("(  )  any judicial or legal function,")
 
  
BY THE VISCOUNT TENBY
 
326YA*     Page 37, line 31, at end insert (", and
    (c)  the functions and powers referred to in section 45(4) and (5) of the Justices of the Peace Act 1997 (functions and powers of justices' clerks)")
 
  
BY THE LORD KINGSLAND
THE VISCOUNT TENBY
 
326ZA*     Page 37, line 31, at end insert--
 
    ("(6)  In performing a duty or function imposed or conferred on him by section 41 of the Justices of the Peace Act 1997 or by or under any other enactment, a justices' chief executive must not do anything which--
    (a)  amounts to performance of a judicial function, or
    (b)  might influence anything done by a justice of the peace or justices' clerk in the performance of a judicial function.
    (7)  For the purposes of subsection (6), a judicial function is--
    (a)  any function of a justice of the peace, and
    (b)  any function of a justices' clerk which is not an administrative function.")
 
  
Clause 66
 
  
BY THE LORD CHANCELLOR
 
326A     Page 41, line 42, after ("order);") insert-- 
 
    ("(  )  a warrant under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998 (unwilling witnesses);
1998 c. 37.
 
    (  )  a warrant under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (offenders referred to court by youth offender panel);")
1999 c. 00.
326B     Page 41, line 43, leave out ("or 97") and insert (", 97 or 97A") 
  
Clause 68
 
  
BY THE LORD CHANCELLOR
 
326C     Page 43, line 3, leave out from beginning to ("House") in line 6 and insert ("No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
327     Page 43, line 37, leave out from ("shall") to end of line 40 and insert ("not be made unless they have been laid in draft before, and approved by resolution of, each House of Parliament") 
  
Clause 72
 
  
BY THE LORD CHANCELLOR
 
327A     Page 45, line 10, leave out from beginning to ("House") in line 12 and insert ("No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
328     Page 45, line 11, leave out from ("shall") to ("House") in line 12 and insert ("not be made unless it has been laid in draft before, and approved by resolution of, each") 
  
Clause 74
 
  
BY THE LORD CHANCELLOR
 
328A     Page 46, line 22, leave out ("against him") 
328B     Page 46, line 32, at end insert--
 
    ("(1A)  Subsection (1) above applies in relation to proceedings by a coroner only if and to the extent that the relevant council agrees in advance to indemnify him.
 
    (1B)  A coroner may appeal to the Secretary of State, or to any person appointed by the Secretary of State for the purpose, from any decision of the relevant council under subsection (1A) above.")
 
328C     Page 47, line 17, leave out ("against him") 
328D     Page 47, line 27, at end insert--
 
    ("(2)  Subsection (1) applies in relation to proceedings by a coroner only if and to the extent that the Lord Chancellor agrees in advance to indemnify him."")
 
  
Schedule 10
 
  
BY THE LORD CHANCELLOR
 
328E     Page 100, line 14, at end insert-- 
 ("Lord Mayor and aldermen of City of London 
     . The person who is the Lord Mayor of London, and the persons who are aldermen of the City of London, at the end of the period of two months beginning with the day on which this Act is passed shall be treated as having at that time been appointed in accordance with section 5 of the Justices of the Peace Act 1997 as justices of the peace for the commission area which includes the City of London; and, accordingly, subsection (1A) of section 6 of that Act (inserted by paragraph 23A of Schedule 7 to this Act) has effect in relation to them.")1997 c. 25.
328F     Page 100, line 20, at end insert-- 
     (" . Any person who, immediately before the time when section 52 of this Act comes into force, is authorised under section 13(1)(a) or 19 of the Justices of the Peace Act 1997 to act as a stipendiary magistrate or metropolitan stipendiary magistrate shall be treated as having been appointed to be a Deputy District Judge (Magistrates' Courts) at that time for the remainder of the period for which he is so authorised.")1997 c. 25.
328G     Page 101, line 2, leave out from beginning to (""District") in line 6 and insert ("If paragraph 38 of Schedule 8 to this Act comes into force before the repeal by this Act of section 19(5) of the Legal Aid Act 1988, that provision shall have effect as if, in the definition of "proceedings for dealing with an offender as a fugitive offender" the reference to a metropolitan stipendiary magistrate were to a")1988 c. 34.
  
Schedule 11
 
  
BY THE LORD THOMAS OF GRESFORD
 
329     Page 104, leave out lines 40 and 41 
330     Page 105, leave out line 18 
  
BY THE LORD CHANCELLOR
 
330A     Page 106, line 14, at end insert-- 
 
("6 & 7 Vict. c. 86. The London Hackney Carriages Act 1843. In section 24, the words from ", or, if he shall dwell" to "the said city,", the words "or justice" and the words ", or to some justice as aforesaid,".
16 & 17 Vict. c. 33. The London Hackney Carriage Act 1853. In section 18, the words from "or if the offence,", in the second place, to the end.")
 
330B     Page 106, line 28, column 3, at beginning insert-- 
 
          ("In section 38(1), the definition beginning London commission areas".")
 
330C     Page 106, line 31, at end insert-- 
 
("1974 c. 47. The Solicitors Act 1974. Section 38(4).")
 
330D     Page 106, line 38, column 3, leave out ("67(4), the second sentence") and insert ("67, in subsection (4), the second sentence and subsection (8)") 
330E     Page 107, line 10, column 3, at end insert-- 
 
          ("In Schedule 11, in paragraph 8(d), the words and (8)".")
 
330F     Page 107, line 28, column 3, at beginning insert-- 
 
          ("Section 5(2)(b) and the preceding "and".

In section 7(3), the words from "(whether" to acting Chief Magistrate)".

Section 21 (and the preceding heading).

Section 23.

In section 25, in subsection (1), the words ", other than the City of London," and subsection (3).")
 
330G     Page 107, line 34, column 3, leave out from ("section") to end of line 35 and insert ("70, in subsection (1), the words from the beginning to above," and, in subsection (2), the words "or to justices or magistrates for a county or non-metropolitan county" and the words "or to justices or magistrates for the City".") 
330H     Page 107, line 50, column 3, after ("14,") insert ("16(b) and the preceding "and",") 
330J     Page 108, line 4, at end insert-- 
 
("16 & 17 Vict. c. 33. The London Hackney Carriage Act 1853. In section 18, the words from "or if the offence,", in the second place, to for the county;".")
 
330K     Page 108, line 33, column 3, at end insert-- 
 
          ("In section 9(1), the words from "consisting" to the end.")
 
330L     Page 108, column 3, leave out lines 40 and 41 and insert ("5(1)(b), the words "a metropolitan magistrate or" and paragraph 13(2).") 
331     Page 111, line 18, at end insert-- 
 
("1998 c. 37. The Crime and Disorder Act 1998. In Schedule 8, paragraph 44.
1999 c. 00. The Youth Justice and Criminal Evidence Act 1999. In Schedule 3, paragraph 7.")
 
  
Clause 78
 
  
BY THE LORD CHANCELLOR
 
332     Page 48, line 2, leave out (" 52") and insert (" 51") 
333     Page 48, line 2, leave out ("Schedules 7 and 8") and insert ("Schedule 7") 
334     Page 48, line 4, leave out (", (2)") 
335     Page 48, line 4, at end insert (", apart from the provisions specified in subsection (3). 
     (3)  The provisions excepted from subsection (2)(e) are the repeal of section 67(8) of the Magistrates' Courts Act 1980 (and that in Schedule 11 to the Children Act 1989) contained in Part IV(1) of Schedule 11.")1980 c. 43.
1989 c. 41.
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 28 January 1999