Courts Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 8

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

35Page 4, line 11, at beginning insert "Subject to subsection (2A),"
36Page 4, line 11, at end insert—
"(2A)  In specifying local justice areas under subsection (2), the Lord Chancellor shall have regard to the desirability of ensuring that their boundaries are coterminous with such areas as are established for the time being in respect of the police and the Crown Prosecution Service."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

37Page 4, line 19, at end insert—
"(   )  In making an order under subsection (2) or (4), the Lord Chancellor shall—
(a)  make provision for the continuation of the employment of those justices' clerks who are currently employed, without imposing any requirement for a process of re-appointment; and
(b)  have regard to the importance of retaining a link between existing benches of justices and their justices' clerk."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

38Page 4, line 27, at end insert—
"(d)  such other persons as appear to him to be appropriate"
 

Clause 10

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

39Page 5, line 3, at end insert—
"(1A)  The Lord Chancellor shall appoint such a number of lay justices as appears to him to be appropriate for the purpose of discharging the work of the magistrates' courts.
(1B)  To assist him in discharging his duties under subsections (1) and (1B), the Lord Chancellor shall publish within six months of Royal Assent a national recruitment strategy for the recruitment of lay justices."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

40Page 5, line 10, leave out "or on behalf of"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

41Page 5, line 10, at end insert—
"(   )  The Lord Chancellor shall produce an annual report which shall include information reporting the optimum number of lay magistrates to be assigned to each local justice area."
 

Clause 11

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

42Page 5, line 27, leave out "Chancellor" and insert "Chief Justice"
 

After Clause 13

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

43Insert the following new Clause—
  "Supplemental list
(1)  There shall be kept in the office of the keeper of the rolls for each local justice area a supplemental list as provided for by this Act (in this Act referred to as "supplemental list").
(2)  There shall be entered in the supplemental list the name of any justice of the peace who has attained the age of 70.
(3)  The name of a justice of the peace shall be entered in the supplemental list if he applies for it to be so entered and the application is approved by the Lord Chancellor.
(4)  A person's name shall be removed from the supplemental list if—
(a)  he ceases to be a justice of the peace; or
(b)  the Lord Chancellor so directs.
(5)  A justice of the peace for any area while his name is entered in the supplemental list shall not by reason of being a justice for that area be qualified as a justice to do any act or to be a member of any committee or other body."
 

Clause 15

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

44Page 7, line 27, leave out "sitting or other"
45Page 7, line 30, leave out "sitting or other"
 

After Clause 15

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

46Insert the following new Clause—
  "Training and appraisal of lay justices
(1)  The justices for each local justice area shall establish a bench training and development committee to monitor the training and appraisal of lay justices.
(2)  The bench training and development committee may make recommendations to the Lord Chancellor to which he shall have regard in carrying out his duties under the provisions of section 11(6)."
 

Clause 17

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

47Page 8, line 29, at end insert—
"(   )  Before making a recommendation under subsection (1), the Lord Chancellor shall consult the lay justices of the local justice area to which it is intended that the District Judge may be assigned."
 

Clause 22

 

THE LORD DIXON-SMITH

48Page 10, line 14, after "2(1)" insert "to be clerk of a local justice area"
49Page 10, line 15, at end insert—
"(c)  appointed with the agreement of the chairman and deputy chairmen of the local justice area."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

50Page 10, line 15, at end insert—
"(c)  appointed to serve on one or more local justice areas."
 

THE LORD DIXON-SMITH

51Page 10, line 24, at end insert—
"(c)  appointed with the agreement of the clerk of the local justice area."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

52Page 10, line 30, at end insert—
"(   )  Before the Lord Chancellor takes steps to remove a justices' clerk from office he shall—
(a)  consult the justices for the relevant local justice area;
(b)  consult the Court Administration Council for the area which includes the relevant local justice area; and
(c)  consider any recommendations made to him by the justices, the Court Administration Council or by the justices' clerk who is under notice of removal."
 

Clause 23

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

53Page 10, line 33, after "things" insert "currently"
54Page 10, line 38, at end insert "and not by any other person"
55Page 11, line 26, at end insert—
"(   )  A justices' clerk shall not spend fewer than 2 years in the same local justice area."
 

Clause 25

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

56Page 11, line 40, at end insert—
"(   )  In discharging his duties under subsection (1), the Lord Chancellor shall have regard to the need to ensure that courts are locally accessible by all communities."
 

Clause 26

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

57Page 12, line 33, at end insert—
"(   )  Nothing in this section or section 27 excludes a right to damages under section 9 of the Human Rights Act 1998 (c. 42)."
 

Clause 31

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

58Page 14, line 39, at end insert—
"(c)  provided with training as a fines officer by the Lord Chancellor"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

59Page 15, line 4, leave out "Schedule 2, or"
60Page 15, line 16, leave out subsection (8)
 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

61Page 15, line 21, at end insert—
"(9)  The Lord Chancellor may by order make fines collections regulations.
(10)  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."
 

Schedule 2

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

62Page 59, line 16, at end insert—
"(   )      For the avoidance of doubt, where this Schedule applies, the court may reserve to itself any case which shall not then be subject to enforcement through the fines collection scheme."
63Page 59, line 23, at end insert—
"(   )      After a collection order has been made, the court may require the fines officer identified in it under the provisions of sub-paragraph (2)(a) to report back to the court at any time required by the court which has made the collection order."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

64Page 61, line 35, leave out from "determined" to end of line 36 and insert "by the court at the time of setting the initial terms of the collection order"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

65Page 61, line 37, leave out sub-paragraph (4)
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

66*Page 63, line 23, at end insert—
"(2A)  For the avoidance of doubt, any action taken to enforce a clamping order shall not be licensable conduct for the purposes of the Private Security Industry Act 2001 (c. 12)"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

67Page 63, line 24, after "except" insert "by a court and"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

68Page 63, line 25, leave out from "is" to end of line 26 and insert "owned by P"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

69Page 66, line 13, at end insert ", and
(   )  has been notified to the court which imposed the fine"
 

Clause 36

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

70Page 18, line 4, leave out subsection (5)
 

Schedule 3

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

71Page 68, line 2, at end insert—
"(   )      A party to the case may appeal to the Crown Court against a ruling made under this section."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

72Page 68, line 5, at end insert—
"(8)      Where there has been a pre-trial hearing under this section, Rules of Court may provide for the constitution of the magistrates' court which shall hear the trial of information to be different from that which conducted the pre-trial hearing."
 

Clause 41

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

73Page 19, line 32, at end insert "after hearing representations from all parties, including those representing the interests of the victim, lay and professional witnesses and defendants."
 

Clause 44

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

74Page 21, leave out lines 15 and 16 and insert—
"(6)  The Lord Chancellor may make rules under subsection (4) provided that he has—
(a)  published the draft rules;
(b)  consulted the Family Procedure Rule Committee; and
(c)  had regard to their recommendations."
75Page 21, line 22, at end insert—
"(   )  In discharging his duties under this section, the Lord Chancellor shall make provision for the training of a sufficient number of lay justices to sit on family proceedings courts."

 
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©Parliamentary copyright 2003
17 January 2003