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Amendments to the Courts Bill [HL]

Courts Bill [HL]


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


The amendments have been marshalled in accordance with the Instruction of 18th December 2002, as follows—

Clauses 5 and 6
Schedule 1
Clauses 7 to 31
Schedule 2
Clauses 32 to 40
Schedule 3
Clauses 41 to 60
Schedule 4
Clauses 61 to 91
Schedule 5
Clauses 92 to 98
Schedules 6 and 7
Clauses 99 to 101

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 5

 

THE LORD DIXON-SMITH

24Page 3, line 23, at beginning insert "after consultation with the chairman and deputy chairmen of any local justice area affected by the recommendations"
 

THE LORD KINGSLAND
THE LORD FRASER OF CARMYLLIE

24A*Page 3, line 23, leave out "in" and insert "with particular reference to"
 

THE LORD DIXON-SMITH

25Page 3, line 24, leave out from "courts," to end of line 26 and insert "where the Lord Chancellor agrees with the recommendations they may be implemented.
(   )  Where there is no agreement, new proposals may be made by either the court administration council or the Lord Chancellor.
(   )  Proposals may be implemented only when agreement is reached."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

26Page 3, line 25, leave out "give due consideration" and insert "have regard"
27Page 3, line 27, leave out subsection (3)
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

28Leave out Clause 5 and insert the following new Clause—
  "Function of area courts management boards
(1)  It is the function of an area courts management board—
(a)  to make arrangements for ensuring that sufficient provision is made in respect of its area for the fulfilment of the general duty set out in section 1(1) and for ensuring the performance of any other functions conferred by virtue of this Act or any other enactment on the board,
(b)  to make arrangements for ensuring the performance of any functions conferred by virtue of this Act or any other enactment on officers of the board, and to implement, or ensure the implementation of, any arrangements it makes under this section.
(2)  In addition to making arrangements for provision to be made by staff allocated to it, an area courts management board may—
(a)  make arrangements with organisations for provision to be made on the board's behalf by those organisations, and for individuals designated by those organisations to perform functions of officers of the board; and
(b)  make arrangements with individuals who are not members of staff allocated to the board.
(3)  An area courts management board may provide for staff allocated to it to co-operate with persons in its area who are concerned with the conduct of the criminal justice process, the prevention or reduction of crime or with the giving of assistance to the victims of crime.
(4)  Regulations may confer further functions on area courts management boards or officers of area courts management boards.
(5)  Regulations may provide for area courts management boards to give grants or other financial assistance to any person.
(6)  An area courts management board—
(a)  may make an arrangement with another area courts management board under which it provides on behalf of the other board, in respect of the other board's area, any services which it could provide under this section in respect of its own area, and
(b)  may charge the other area courts management board for any services it provides in pursuance of the arrangement.
(7)  The Lord Chancellor may determine whether or not any provision made by an area courts management board under this section is sufficient.
(8)  The Lord Chancellor may by order provide for any services to which, in his opinion, subsection (10) applies to be provided not by staff allocated to area courts management boards but by others under arrangements made with the boards.
(9)  An order made under subsection (8) may provide that only the Lord Chancellor, or an organisation or individual of a description specified in the order, may provide the services.
(10)  This subsection applies to services—
(a)  which are required by area courts management boards in connection with the exercise of their functions, but
(b)  which, with a view to obtaining better value for money or to improving the standard of the services or the efficiency of their provision, are better provided by persons other than staff allocated to area courts management boards.
(11)  The power conferred by subsection (12) is exercisable by the Lord Chancellor in respect of an area courts management board if it appears to him that the board is failing to perform the functions conferred on it or that its arrangements for performing those functions do not represent good value for money.
(12)  The Lord Chancellor may make an order (a "management order") in respect of the board.
(13)  A management order may modify the application of Schedule (Area courts management boards) in relation to the board by—
(a)  providing for the board to comprise persons determined in accordance with an arrangement made between the Lord Chancellor and an organisation (a "management arrangement"), and
(b)  making any other modifications which appear to the Lord Chancellor to be necessary or expedient in consequence of that provision or of the management arrangement.
(14)  A management order may provide for the persons determined in accordance with the management arrangement to replace all or any of the chairman, the chief officer and the other existing members of the board; and vacancies occurring among the replacements are to be filled in accordance with the management arrangement.
(15)  The Lord Chancellor may at any time revoke a management order if he considers it necessary or expedient.
(16)  On the revocation of a management order, any person who is a member of the board by virtue of the order ceases to be a member; and, accordingly, any vacancy occurring by virtue of the revocation is to be filled in accordance with Schedule (Area courts management boards) (unless the Lord Chancellor makes a new management order)."
 

After Clause 5

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

29Insert the following new Clause—
  "Judicial consultative committees
(1)  A judicial consultative committee shall be established for each area for which there is a court administration council.
(2)  The members of the committee shall be drawn from the judiciary for the area.
(3)  The judicial consultative committee shall be consulted on any arrangements proposed by the local chief officer relating to the judiciary and judicial functions, including—
(a)  listing of cases;
(b)  use of courthouses;
(c)  appointment of magistrates and judges;
(d)  deployment of magistrates and judges;
(e)  appointment and removal of senior court officers; and
(f)  other matters which may be defined in rules.
(4)  Where no agreement can be reached between the judicial consultative committee and the local chief officer, there shall be a right of appeal to the Lord Chancellor, and the Lord Chancellor's decision shall be final.
(5)  Rules may make provision for the purposes of this section."
 

Before Schedule 1

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

30Insert the following new Schedule—
 

"SCHEDULE A1
AREA COURTS MANAGEMENT BOARDS

 

Constitution

 1      An area courts management board shall be a body corporate.
 2   (1)   An area courts management board shall consist of a chairman, a chief officer and not less than 10 other members, of whom 4 shall be justices of the peace.
(2)      One of the other 10 members shall be appointed by the Lord Chancellor from among the judges of the Crown Court (being a judge of the High Court, a Circuit judge or a Recorder).
(3)      The chairman shall be appointed by the Lord Chancellor, and the Chief Officer shall be appointed by the board, from a shortlist of individuals approved by the Lord Chancellor as being suitable for appointment.
(4)      The 10 other members shall be appointed by a local selection panel, subject to the final approval of the Lord Chancellor.
(5)      Regulations must make provision as to—
(a)  the appointment of board members, including the composition of, and procedure for, the selection panel;
(b)  limits on the number of members who may be appointed; and
(c)  any conditions to be fulfilled for appointment as a member.
(6)      Regulations made by virtue of sub-paragraph (5) must make provision for the selection procedure for the chairman, the chief officer and the other members of the board who are to be appointed by local selection panels.
(7)      Regulations made by virtue of sub-paragraph (5) must provide, so far as it is practicable to do so, for the persons appointed to be representative of the local community in the board's area and to live or work (or to have lived or worked) in that area.
(8)      In the following paragraphs of this Schedule where the context allows, "member" includes the chairman and chief officer.
 

Tenure of members

 3   (1)   A person is to hold and vacate office as a member in accordance with the terms of the instrument appointing him.
(2)      A person may at any time resign office as a member by giving written notice to the board or, as the case may be, the Lord Chancellor.
(3)      The board or, as the case may be, the Lord Chancellor may remove a member from office by giving written notice to him.
(4)      Regulations may make provision as to the tenure of office of the members including the circumstances in which they cease to hold office or may be removed or suspended from office.
(5)      The chief officer is to be treated for the purposes of the Employment Rights Act 1996 (c. 18) as if he were in Crown employment (within the meaning of that Act).
(6)      Sub-paragraphs (1) to (3) have effect subject to sub-paragraph (5) and any regulations made by virtue of sub-paragraph (4).
 

Chairman's report

 4      Regulations may require the chairman to make a report to the Lord Chancellor about the performance of the other members, or any of them, and may confer other functions on the chairman.
 

Remuneration etc.

 5   (1)   The Lord Chancellor shall pay, or make provision for paying, to or in respect of any person who is or has been a member—
(a)  any remuneration, fees or expenses,
(b)  any pension, allowance or gratuity, determined by him.
(2)      If the Lord Chancellor determines that there are special circumstances that make it right for a person ceasing to hold office as a member otherwise than on the expiration of his term of office to receive compensation, the Lord Chancellor may pay an amount of compensation determined by him to that person.
 

Procedure

 6      Regulations may provide for—
(a)  the establishment and functions of committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members),
(b)  the procedures of the boards and of any committees or sub-committees of the boards (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
 

Secretary and Treasurer

 7      Regulations shall provide for—
(a)  each area courts management board to appoint a secretary or treasurer (including the conditions to be fulfilled for appointment),
(b)  the tenure of office of a secretary or treasurer so appointed (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
 

Staff

 8   (1)   An area courts management board may deploy staff allocated to it on terms and conditions determined by the area courts management board as to—
(a)  any remuneration, fees or expenses,
(b)  any pension, allowance or gratuity.
(2)      But—
(a)  a determination under this paragraph requires the approval of the Lord Chancellor,
(b)  the Lord Chancellor may give directions as to the deployment of staff of a description specified in the directions, and
(c)  the Lord Chancellor may give directions as to the qualifications, experience or training of staff.
 

Delegation of functions

 9      An area courts management board may arrange for a committee, sub-committee or member to discharge functions of the board.
 10      Regulations may provide for prescribed functions or other powers of an area courts management board to be exercised by the chief officer on behalf of the board.

 
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©Parliamentary copyright 2003
3 February 2003