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

House of Lords

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Clause 86

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

131Page 41, line 16, at end insert "or the Defence Council"
 

Clause 87

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

132Page 41, line 26, at end insert—
"(   )  In prescribing fees payable under subsection (1), the Lord Chancellor shall have regard to the need to facilitate access to justice."
 

Clause 88

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

133Page 42, line 17, after "of" insert "all or any part of the"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

134Page 42, line 21, leave out "serious"
135Page 42, line 21, after "serious" insert "and wilful"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

136Page 42, line 24, at end insert—
"(   )  Regulations made under this section must provide that a third party costs order shall not be made unless the court considering making the order has—
(a)  notified the third party that it is considering making a third party costs order against him, and
(b)  if the third party so requests, hold a hearing to determine whether the third party has been guilty of serious misconduct and whether it is appropriate to make an order against him."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

137Page 42, line 24, at end insert—
"(   )  Serious misconduct shall be an intentional or reckless act that materially contributes to the delay or abandonment of a trial which thereby causes costs to be incurred."
 

THE LORD THOMAS OF GRESFORD
THE LORD GOODHART

138Page 42, line 28, at end insert—
"(   )  make provision for ordering third party costs against the prison service or any security firm for failure to deliver prisoners to the court in time, or at all;"
 

Clause 92

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

139Page 44, line 28, at end insert—
"(   )  Periodical payments shall, with a view to maintaining the real value of the payments, be liable to be increased or decreased in accordance with such index as may from time to time be specified in an order made by the Lord Chancellor."
 

THE BARONESS FINLAY OF LLANDAFF

139A*Page 45, leave out lines 4 and 5
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

140Page 45, line 10, after "arrangement" insert "shall not vest in his trustee in the event of his bankruptcy and"
 

THE BARONESS FINLAY OF LLANDAFF

140A*Page 46, line 6, leave out "(otherwise than in accordance with section 2(5)(c))"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

141Page 46, line 6, at end insert—
"(   )  No order under subsection (1) may permit an order made by a court to be varied more than—
(a)  5 years from the date when the order was made by the court, or
(b)  10 years from the date of the inquiry,
  whichever is the later."
 

Clause 94

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

142Page 49, line 37, at end insert "and have regard to his recommendations made as a consequence of that consultation"
 

Clause 97

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

143Page 51, line 38, at end insert "or under section 88 (award of costs against third parties)"
144Page 52, line 1, after "made" insert "under section 31(4) which contains provision of the type specified in section 31(5) or"
145Page 52, line 6, leave out paragraph (a)
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

146Page 52, line 9, leave out paragraph (c)
 

Clause 98

 

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

147Page 52, line 31, at end insert—
"(   )  An order under subsection (3) shall not be made until a draft has been laid before both Houses of Parliament and approved by a resolution of each House."
148Page 52, line 31, at end insert—
"(   )  This section shall cease to have effect at the end of one year beginning with the date on which it comes into force."
 The above-named Lords give notice of their intention to oppose the Question that Clause 98 stand part of the Bill.

 
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27 January 2003