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Session 1998-99
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Amendments to the Access to Justice Bill [H.L.]

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

Here you can browse the Amendments to the Access to Justice Bill [H.L.] to be moved on Third Reading in the House of Lords.

  
Clause 13
 
  
BY THE LORD CHANCELLOR
 
     Page 10, line 22, leave out (", for dealing with an individual in respect of a sentence or") and insert ("(including proceedings in respect of a sentence or order),
    (ba)  proceedings")
 
     Page 10, leave out lines 31 to 34 
  
Clause 15
 
  
BY THE LORD CHANCELLOR
 
     Page 12, line 37, leave out ("for him") 
     Page 12, line 38, leave out ("for an individual") 
     Page 12, line 39, leave out ("by him") 
     Page 12, line 41, leave out ("an individual may select") 
     Page 12, line 42, at end insert ("may be selected") 
  
Clause 32
 
  
BY THE LORD ACKNER
 
     Leave out Clause 32 
  
After Clause 43
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
     (".--(1) In section 40(6) of the Criminal Justice Act 1991 (order returning offender to prison for unserved portion of sentence to be treated for purposes of appeal provisions as sentence passed for original offence), for the words from "any enactment" to "made" substitute "sections 9 and 10 of the Criminal Appeal Act 1968, any order made by the Crown Court under subsection (2) above, or made under subsection (3A) above,".Appeals against orders to serve remainder of sentence.
1991 c. 53.
1968 c. 19.
     (2)  Section 10 of the Criminal Appeal Act 1968 (appeal to Court of Appeal by person dealt with by Crown Court for offence of which he was not convicted on indictment) is amended in accordance with subsections (3) and (4).
 
    (3)  In subsection (2) (proceedings from which an appeal lies), insert at the end "; or
1968 c. 19.
 
      (c)  having been released under Part II of the Criminal Justice Act 1991 after serving part of a sentence of imprisonment or detention imposed for the offence, is ordered by the Crown Court to be returned to prison or detention,".
    (4)  In subsection (3) (cases where person may appeal), in paragraph (cc) (order under section 40(3A)), for "40(3A)" substitute "40(2) or (3A)".")
1991 c. 53.
  
After Clause 56
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
     (". Schedule (Enforcement of community orders made by Crown Court) (which transfers to the Crown Court certain functions relating to the enforcement of community orders made by the Crown Court which are currently functions of magistrates' courts) has effect.")Enforcement of community orders made by Crown Court.
  
Schedule 7
 
  
BY THE LORD CHANCELLOR
 
     Page 79, line 9, at end insert-- 
 ("The Parochial Libraries Act 1708 (c.14) 
     . In section 10 of the Parochial Libraries Act 1708 (warrant to search for lost library books), for "within the county riding or division" substitute "for the commission area". 
 The Distress for Rent Act 1737 (c.19) 
     . In section 4 of the Distress for Rent Act 1737 (procedure where goods fraudulently carried off), for "county, riding, or division or such county," substitute "commission area". 
 The Inclosure Act 1773 (c.81) 
     . In section 4 of the Inclosure Act 1773 (expenses), for "county" substitute "commission area". 
 The Burial Ground Act 1816 (c.141) 
     . In section 2 of the Burial Ground Act 1816 (valuation of land), for "county, town, or district" substitute "commission area". 
 The Inclosure and Drainage (Rates) Act 1833 (c.35) 
     . In section 1 of the Inclosure and Drainage (Rates) Act 1833 (recovery of rates or assessments), for "county, riding, or division" substitute "commission area". 
 The Ordnance Survey Act 1841 (c.30) 
     . In section 2 of the Ordnance Survey Act 1841 (powers of entry), for "of the county" substitute "of the place". 
 The Geological Survey Act 1845 (c.63) 
     . In section 1 of the Geological Survey Act 1845 (powers of entry), for "county in which" substitute "place where". 
 The Inclosure Act 1845 (c.118) 
     . In section 159 of the Inclosure Act 1845 (recovery of penalties), after "county" insert "or other jurisdiction".") 
     Page 79, line 21, at end insert-- 
 ("The Municipal Corporations Act 1882 (c.50) 
     . In section 153(3) of the Municipal Corporations Act 1882 (warrant of two justices for the county requiring payment to county treasurer), for "for the county" substitute "for a commission area consisting of or including the whole or part of the county". 
 The Local Government Act 1888 (c.41) 
     . In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for "county sitting in petty sessions" substitute "peace for a commission area consisting of or including the whole or part of the county".") 
     Page 80, line 8, at end insert-- 
 ("The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65) 
     .--(1) Paragraph 4 of Part II of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (allocation of functions to make up civil remuneration of justices' clerks) is amended as follows.
 
    (2)  In the first column--
    (a)  for "Clerk to county justices" substitute "Justices' clerk", and
 
 
    (b)  for "said Act" substitute "Justices of the Peace Act 1997".
    (3)  For the entry in the third column substitute--
1997 c. 25.
 
        The paying authority is the authority which is the paying authority in relation to the magistrates' courts committee for the purposes of section 55 of the Justices of the Peace Act 1997 (and where there are two or more such authorities, the proportions in which they contribute to give effect to any determination shall be such as they may agree or, in default of agreement, as may be determined by the Lord Chancellor).
        The justices for whom the clerk acts are the authority entitled to appeal against a determination."
1997 c. 25.
 The Prison Act 1952 (c.52) 
     . In section 19(1) of the Prison Act 1952 (right of justice to visit prison)--
    (a)  for "county", in the first place, substitute "commission area", and
    (b)  for "county", in the second and third places, substitute "area".")
 
     Page 80, line 8, at end insert-- 
 ("The Maintenance Orders Act 1958 (c.39) 
     . In section 21(1) of the Maintenance Orders Act 1958 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for the words from "and "petty sessions area"" to "court" substitute "has the meaning assigned to it by the Magistrates' Courts Act 1980 and".")1980 c. 43.
     Page 80, line 14, at end insert--
 
    (". In section 85(1) (search warrants for parties organised for gain), for "county or borough" substitute "commission area".
 
    . In section 187(1) (search warrants), for "county or borough" substitute "commission area".
 
    . In section 188(1) (closing of licensed premises in case of riot or tumult), for "county or borough" (in both places) substitute "commission area".
 
    .--(1) Section 193 (disqualification of justices) is amended as follows.
 
    (2)  In subsection (1) (disqualifying trades)--
    (a)  for "any county" substitute "any commission area", and
    (b)  for "county or borough" substitute "area".
    (3)  In subsection (2) (disqualifying shareholdings)--
    (a)  for "any county" substitute "any commission area", and
    (b)  for "that county" substitute "that area".")
 
     Page 81, line 9, at end insert-- 
 ("The Public Passenger Vehicles Act 1981 (c.14) 
     . In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for "and "petty sessions area" have the same meanings" substitute "has the same meaning". 
 The Road Traffic Regulation Act 1984 (c.27) 
     . In section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for "and "petty sessions area" have the same meanings" substitute "has the same meaning".") 
     Page 83, leave out lines 1 to 3 
 
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Prepared 10 March 1999