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Amendments to the Courts Bill [HL]

Courts Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 2

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 2, line 13, at end insert—
"(   )  The Lord Chancellor shall not exercise his powers under subsection (4) unless he has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice Chancellor".
Page 2, line 16, at end insert "(including the functions of a fines officer)"
 

Clause 4

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 2, line 40, at beginning insert "Subject to subsections (4A) to (4C)"
Page 3, line 3, leave out paragraph (b) and insert—
"(b)  three members who are lay justices who have been assigned to a local justice area within the area of the council,"
Page 3, line 9, at end insert—
"(4A)  The members of the council under subsection (4)(b) shall be elected by the lay justices assigned to local justice areas within the area of the council.
(4B)  Any contested election under subsection (4A) is to be held by secret ballot.
(4C)  Rules may make provision for the purposes of an election under this section and may in particular make provision—
(a)  about the procedure for nominating candidates, and
(b)  about the procedure at such an election."
Page 3, line 9, at end insert—
"(   )  The Lord Chancellor shall by order make provision about the constitution, procedure and quorum of the councils."
Page 3, line 12, leave out subsection (6) and insert—
"(6)  The Lord Chancellor shall lay before each House of Parliament any guidance provided under subsection (5)."
 

Clause 5

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 3, line 16, at end insert—
"(A1)  Each court administration council shall on behalf of the Lord Chancellor discharge his duty to ensure that there is an efficient and effective system to support the carrying on of the business of—
(a)  county courts, and
(b)  magistrates' courts,
  in the area for which the council is established.
(B1)  In acting under subsection (A1) a council shall comply with any directions given by the Lord Chancellor."
Page 3, line 29, at end insert—
"(   )  The Lord Chancellor shall make regulations providing for court administration councils—
(a)  to adopt each year a strategic plan for the area,
(b)  to approve any proposals to open or close court buildings,
(c)  to agree staffing structures and strategies for the recruitment and retention of officers and staff,
(d)  to decide spending priorities, and
(e)  to publish an annual report."
 

Clause 6

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

Clause 47

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 22, line 34, at end insert—
"(   )  An officer may carry out a search under subsection (1) only if he has reasonable grounds to believe—
(a)  that the person is in possession of an article which ought to be surrendered under section 49, or
(b)  that persons in or seeking to enter the building are likely to be in possession of such articles."
 

Clause 66

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 31, line 7, at end insert—
"(   )  No order may be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 67

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 31, line 17, leave out ", disallow or alter" and insert "or disallow"
Page 31, line 18, leave out subsection (4)
Page 31, line 19, leave out "or altered".
 

Clause 68

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 31, line 31, at end insert—
"(   )  No order which amends or repeals any enactment may be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament".
 

Clause 73

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 34, line 24, at end insert—
"(   )  No order may be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 74

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 34, line 33, leave out "disallow or alter" and insert "or disallow".
Page 34, line 34, leave out subsection (4).
Page 34, line 35, leave out "or altered".
 

Clause 75

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 35, line 6, at end insert—
"(   )  No order which amends or repeals any enactment may be made under this section unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Paliament."
 

Clause 79

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 36, line 24, leave out from "order" to end of line 25 and insert "shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament".
 

Clause 80

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 36, line 38, leave out ", disallow or alter" and insert "or disallow".

 
 
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©Parliamentary copyright 2002
19 December 2002