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

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After Clause 51
 
95     Insert the following new Clause-- 
     (".--(1) A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.
 
    (2)  In this section--
    United Kingdom judicial office" means the office of--
          (a)  Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,
          (b)  judge of the Court of Session or sheriff, in Scotland, or
          (c)  Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and
    relevant international court" means--
          (a)  any court established for any purposes of the European Communities, or
          (b)  any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.
    (3)  A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office--
Judges holding office in European or international courts.
 
    (a)  for the purposes of section 12(1) to (6) of the Supreme Court Act 1981, section 9(1)(c) or (d) of the Administration of Justice Act 1973, section 18 of the Courts Act 1971, section 14 of the Sheriff Courts (Scotland) Act 1907 or section 106 of the County Courts Act (Northern Ireland) 1959 (judicial salaries),
1981 c. 54.
1973 c. 15.
1971 c. 23.
1907 c. 51.
1959 c. 25 (N.I.).
 
    (b)  for the purposes of, or of any scheme established by and in accordance with, the Judicial Pensions and Retirement Act 1993, the Judicial Pensions Act 1981, the Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or
1993 c. 8.
1981 c. 20.
1961 c. 42.
1959 c. 25 (N.I.).
 
    (c)  for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the Court of Session Act 1988 or section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (judicial numbers).
1981 c. 54.
1988 c. 36.
1978 c. 23.
     (4)  If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.
 
    (5)  The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.
 
    (6)  In subsection (5) "appropriate Minister" means--
    (a)  in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and
    (b)  in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.
    (7)  A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
1971 c. 58.
  
After Clause 52
 
96     Insert the following new Clause-- 
     (".--(1) In the Coroners Act 1988, after section 17 insert--Adjournment of inquest in event of judicial inquiry.
1988 c. 13.
 Adjournment of inquest in event of judicial inquiry.     17A.--(1) If on an inquest into a death the coroner is informed by the Lord Chancellor before the conclusion of the inquest that--
    (a)  a public inquiry conducted or chaired by a judge is being, or is to be, held into the events surrounding the death; and
    (b)  the Lord Chancellor considers that the cause of death is likely to be adequately investigated by the inquiry,
the coroner shall, in the absence of any exceptional reason to the contrary, adjourn the inquest and, if a jury has been summoned, may, if he thinks fit, discharge them.
 
    (2)  Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.
 
    (3)  Where a coroner has adjourned an inquest in compliance with subsection (1) above, the Lord Chancellor shall send him the findings of the public inquiry as soon as reasonably practicable after their publication.
 
    (4)  A coroner may only resume an inquest which has been adjourned in compliance with subsection (1) above if in his opinion there is exceptional reason for doing so; and he shall not do so--
    (a)  before the end of the period of 28 days beginning with the day on which the findings of the public inquiry are published; or
    (b)  if the Lord Chancellor notifies the coroner that this paragraph applies, before the end of the period of 28 days beginning with the day on which the public inquiry is concluded.
    (5)  Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above--
    (a)  the provisions of section 8(3) above shall not apply in relation to that inquest; and
    (b)  if he summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment), he shall proceed in all respects as if the inquest had not previously begun and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.
    (6)  Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (2) above) send to the registrar of deaths a certificate under his hand stating any findings of the public inquiry in relation to the death."
 
     (2)  In section 8(4) of that Act (power to summon jury), for "either before he proceeds to hold an inquest" substitute "before he proceeds to hold an inquest, on resuming an inquest begun with a jury after the inquest has been adjourned and the jury discharged".
 
    (3)  In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for "certain cases" substitute "event of criminal proceedings".")
 
  
Clause 55
 
97     Page 29, line 41, at end insert ("; but a commission area may not consist of an area partly within and partly outside Greater London.") 
  
After Clause 57
 
98     Insert the following new Clause-- 
     (".--(1) Part I of the Second Schedule to the Children and Young Persons Act 1933 (constitution of youth courts outside the metropolitan area) is amended in accordance with subsections (2) to (5).
 
    (2)  Omit the headings "Outside Metropolitan Area" and "Youth court panels".
 
    (3)  Omit paragraph 1 (exclusion of inner London and the City of London from the scope of Part I).
 
    (4)  In paragraph 8 (as amended by Schedule 7) (prohibition on forming combined youth court panel unless the area consists of single commission area), at the end insert ", or includes the City of London".
 
    (5)  For paragraph 9 substitute--
        9. No order under this Schedule shall provide for the formation of a combined youth panel for an area unless the area consists of, or is wholly included in, the area of a single magistrates' courts committee."
    (6)  Omit Part II of that Schedule (particular provision for inner London and the City).")
Youth courts.
1933 c. 12.
  
Clause 60
 
99     Page 34, line 23, leave out from ("(which") to ("has") in line 25 and insert ("makes provision about the enforcement of community orders by the Crown Court)") 
100     Transpose Clause 60 to after Clause 51 
  
Clause 62
 
101     Page 35, line 27, after ("shall") insert--
    ("(a)  consist of the whole of one or more commission areas or be included wholly within a single commission area, and
    (b)")  
 
  
Clause 63
 
102     Page 38, leave out lines 19 to 22 
  
Clause 64
 
103     Page 38, line 44, after ("body") insert ("corporate") 
104     Page 38, line 46, leave out ("Greater London Magistrates' Courts") 
105     Page 39, leave out lines 1 and 2 
106     Page 39, leave out lines 10 to 19 and insert ("and
    (b)  provision about the Authority's constitution and procedure (including quorum and meetings).")
 
107     Page 39, line 23, at end insert-- 
 ("Procedure of Authority.     30C.--(1) The Greater London Magistrates' Courts Authority may, with the approval of the Lord Chancellor, act through committees appointed by the Authority which, if they include at least one member of the Authority, may also include persons who are not members.
 
    (2)  The Authority may also arrange for the discharge of any of their functions--
    (a)  by the chairman of the Authority; or
    (b)  by the justices' chief executive.
    (3)  Subject to regulations made under this Act, the Authority shall have power to regulate their own procedure, including quorum.")
 
108     Page 39, leave out lines 25 to 28 and insert--
 
    ("(2)  After section 59 of that Act insert--
 
 The Greater London Magistrates' Courts Authority 
 Functions.     59A.--(1) The Greater London Magistrates' Courts Authority shall provide such petty sessional court-houses and other accommodation, and such goods and services, as they may determine proper for the performance of the Authority's functions and those of--
      (a)  the magistrates for Greater London;
      (b)  any committee of the magistrates for Greater London; and
      (c)  the justices' clerks for any part of Greater London.
        (2)  The Authority may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function in subsection (1) above; but the Authority may not borrow money except insofar as authorised by any other enactment to do so.
 
 Funding.     59B.--(1) The Lord Chancellor may pay grants to the Greater London Magistrates' Courts Authority in respect of the Authority's expenditure.
        (2)  Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.
        (3)  Each London local authority shall pay to the Authority such amount in respect of--
      (a)  any kind of the Authority's expenditure in any year; or
      (b)  if less, such amount as may, in relation to that kind of expenditure and that year, be for the time being determined by the Lord Chancellor,
    as may be determined in accordance with regulations made by the Lord Chancellor by statutory instrument.
        (4)  The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision--
      (a)  as to whether payments are to be made by instalments or otherwise;
      (b)  as to the time when payments are to be made;
      (c)  conferring a right to interest on anything unpaid; and
 
  
      (d)  permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).
        (5)  The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority's expenditure is to be determined.
        (6)  Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority's expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
        (7)  A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
        (8)  In this section "London local authority" means the council of any London borough or the Common Council of the City of London.
1992 c. 14.
 Consultation.     59C.--(1) The Greater London Magistrates' Courts Authority shall consult each London local authority before making any determination under section 59A(1) above or any determination as to-- 
  
      (a)  the salary to be paid to a justices' clerk or justices' chief executive and to staff of the Authority; or
      (b)  the nature and amount of the expenses which the Authority may incur in the discharge of their functions or may authorise to be incurred.
        (2)  Any London local authority which is aggrieved by such a determination may, within one month from the receipt by the London local authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the Authority and the London local authority concerned.
        (3)  In this section, "London local authority" has the same meaning as in section 59B above.
 
 Accounting.     59D.--(1) The Greater London Magistrates' Courts Authority shall keep a fund to be known as the GLMCA fund.
        (2)  All the Authority's receipts shall be paid into the GLMCA fund and all the Authority's expenditure shall be paid out of it.
        (3)  The Authority shall--
      (a)  keep accounts of payments made into or out of the GLMCA fund; and
      (b)  make arrangements for the proper administration of their financial affairs.
        (4)  The Lord Chancellor may by regulations made by statutory instrument make provision applying--
 
  
      (a)  Part VIII of the Local Government Finance Act 1988 (financial administration); and
1988 c. 41.
  
      (b)  Part II of the Audit Commission Act 1998 (accounts and audit of public bodies),
    to the Authority, with or without modifications and exceptions.
        (5)  A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
1998 c. 18.
 Provisions applying to all magistrates' courts committees". 
 
        (3)  Schedule (The Greater London Magistrates Courts' Authority) (which makes provision supplementary to this section) shall have effect.")
 
  
Clause 65
 
109     Page 39, line 31, leave out ("56") and insert ("59D and the heading after that section (inserted by section 64 above)") 
110     Page 39, line 32, leave out ("56A") and insert ("59E") 
111     Page 39, line 36, after ("55(1)") insert ("or 59A(1)") 
112     Page 40, line 11, leave out ("56A(2)") and insert ("59E(2)") 
113     Page 40, line 19, leave out ("56A") and insert ("59E") 
  
After Clause 65
 
114     Insert the following new Clause-- 
 
        (". In section 62 of the Justices of the Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (4) insert--
        (4A)  If pursuant to this section a recommendation is made for the taking of any action by a magistrates' courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction."")
Power to direct implementation of inspectors' recommendations.
1997 c. 25.
115     Insert the following new Clause-- 
     (". In the Justices of the Peace Act 1997, after section 39 insert--Code of conduct.
1997 c. 25.
 Code of conduct for members etc.     39A.--(1) The Lord Chancellor may prepare a code of conduct to be observed by--
    (a)  members of magistrates' courts committees; and
    (b)  members of selection panels for choosing members of such committees.
    (2)  The Lord Chancellor may from time to time prepare a revised version of the code.
 
    (3)  Before preparing the code or a revised version of the code the Lord Chancellor shall undertake such consultation as appears to him to be appropriate.
 
    (4)  The code, and any revised version of the code, shall come into force as provided by an order made by the Lord Chancellor by statutory instrument; and an order providing for the coming into force of the code or a revised version shall set out the code or revised version.
 
    (5)  A statutory instrument containing an order made by virtue of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
 Non-compliance with code.     39B.--(1) The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that--
    (a)  a member of a magistrates' courts committee; or
    (b)  a member of a selection panel for choosing members of such a committee,
has, without reasonable excuse, failed to observe the code.
 
    (2)  An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following--
    (a)  that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or
    (b)  that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates' courts committee or any selection panel for choosing members of such a committee.
    (3)  The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.
 
    (4)  A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
 
  
Clause 67
 
116     Page 40, line 28, leave out ("in relation to") and insert ("appointed by") 
117     Page 40, line 37, after ("of") insert ("all of") 
118     Page 40, line 43, leave out ("administrative responsibilities") and insert ("responsibility") 
119     Page 41, line 5, leave out ("in relation to") and insert ("appointed by") 
120     Page 41, line 11, leave out ("in relation to") and insert ("appointed by") 
121     Page 41, line 19, leave out ("in relation to") and insert ("appointed by") 
122     Page 41, line 27, at end insert--
 
    ("(  )  In section 40 of that Act (appointment of justices' chief executive), after subsection (1) insert--
        (1A)  The justices' chief executive appointed by a magistrates' courts committee is--
      (a)  the justices' chief executive for every magistrates' court for the committee's area,
      (b)  the justices' chief executive for every petty sessions area for which they are the committee, and
      (c)  the chief executive to the justices acting for every such petty sessions area."")
 
 
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