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Lord Phillips of Sudbury: The proposed subsection (1A) refers to agreement "in advance". It seems to me that those words "in advance" may cause problems.

Lord Falconer of Thoroton: Perhaps I may write to the noble Lord on that matter.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 328B to 328D:


Page 46, line 32, at end insert--

28 Jan 1999 : Column 1275


("(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.").
Page 47, line 17, leave out ("against him").
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."").

On Question, amendments agreed to.

Clause 74, as amended, agreed to.

Clause 75 agreed to.

Schedule 10 [Transitional provisions and savings]:

Lord Falconer of Thoroton moved Amendment No. 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.").

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendment No. 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.").

The noble and learned Lord said: With Amendment No. 328F I propose to make an amendment to Schedule 10, Part V, paragraph 20, in order to ensure that transitional arrangements are in place for the continued administration of justice by those acting stipendiaries who, when Clause 52 of the Access to Justice Bill becomes law, will be known as deputy district judges (magistrates' courts).

This amendment will allow for any person acting as a stipendiary magistrate or a metropolitan stipendiary magistrate immediately before Clause 52 comes into force to be taken as having been appointed to be a deputy district judge (magistrates' courts) at that time and his appointment to act will be treated as being for such period as represents the remaining duration of his authorisation to act as a stipendiary had Clause 52 not come into force.

Amendment No. 328G is proposed to deal with the changes of date of commencement of Clause 52 and the effect that that will have on paragraph 38 of Schedule 8 which makes transitional provisions in respect of the Legal Aid Act 1988. The three minor amendments, Amendments Nos. 332, 333 and 334, which I propose

28 Jan 1999 : Column 1276

to Clause 78 will have the effect of altering the commencement of the provisions of Clause 52 of the Access to Justice Bill from two months after the Bill receives Royal Assent to such day as the Lord Chancellor may, by order made by statutory instrument, appoint.

The reason for this is that there are a number of existing statutory instruments which refer to stipendiary magistrates, metropolitan stipendiary magistrates or the chief metropolitan stipendiary magistrate which will need to be amended to substitute the title district judge (magistrates' courts) or senior district judge (magistrates' courts) and we wish to ensure that all those changes are made at the same time. I beg to move.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendment No. 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").

On Question, amendment agreed to.

Schedule 10, as amended, agreed to.

Clause 76 agreed to.

Schedule 11 [Repeals and revocations]:

[Amendments Nos. 329 and 330 not moved.]

Lord Falconer of Thoroton moved Amendment No. 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.")

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 330B to 330L:


Page 106, line 28, column 3, at beginning insert--
("In section 38(1), the definition beginning "London commission areas".")

Page 106, line 31, at end insert--
("1974 c. 47.The Solicitors Act 1974.Section 38(4).")

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)").

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Page 107, line 10, column 3, at end insert--
("In Schedule 11, in paragraph 8(d), the words "and (8)".")

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).")

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".").
Page 107, line 50, column 3, after ("14,") insert ("16(b) and the preceding "and",").
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;".")

Page 108, line 33, column 3, at end insert--
("In section 9(1), the words from "consisting" to the end.")

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).").

The noble and learned Lord said: With the leave of the Committee I shall move Amendments Nos. 330B to 330L en bloc. I beg to move.

28 Jan 1999 : Column 1278

On Question, amendments agreed to.

Lord Falconer of Thoroton moved Amendment No. 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.")

On Question, amendment agreed to.

Schedule 11, as amended, agreed to.

Clause 77 agreed to.

Clause 78 [Commencement]:

Lord Falconer of Thoroton moved Amendment No. 332:


Page 48, line 2, leave out (" 52") and insert (" 51").

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 333 to 335:


Page 48, line 2, leave out ("Schedules 7 and 8") and insert ("Schedule 7").
Page 48, line 4, leave out (", (2)").
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.").

The noble and learned Lord said: With the leave of the Committee I shall move Amendments Nos. 333 to 335 en bloc. I beg to move.

On Question, amendments agreed to.

Clause 78, as amended, agreed to.

Remaining clauses agreed to.

House resumed: Bill reported with amendments.


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