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

House of Lords

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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"
 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

53APage 10, line 33, leave out second ", to"
53BPage 10, line 34, leave out second ", to"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

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 LORD HUNT OF WIRRAL

56Page 11, line 40, at end insert—
"(   )  In discharging his duty under subsection (1), the Lord Chancellor shall have regard to the need to ensure that all members of the community have reasonable access to a local magistrates' court."
 

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

66Page 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

71APage 68, line 2, at end insert—
    "(   )  A party to the case may appeal against a ruling made under this section by way of case stated to a Divisional Court of the Queen's Bench Division of the High Court."
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."
 

Clause 45

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

76Page 22, leave out lines 7 and 8 and insert—
    "(   )  The Lord Chancellor may make rules under subsection (4) provided that he has—
    (a)  published the draft rules;
    (b)  consulted the Criminal Procedure Rule Committee; and
    (c)  had regard to their recommendations."
77Page 22, line 16, 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 youth courts."
 

Clause 46

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

78Page 22, line 24, leave out "may" and insert "shall"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

79Page 22, line 26, after "conditions" insert "(including conditions as to good character)"
 

Before Clause 47

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

80Insert the following new Clause—
  "Interpretation of sections 47 and 48
  In sections 47 and 48, the term "any person" does not include judges and justices of the peace who are present in, or seeking to enter, a court building for the purposes of their duties."
 

Clause 47

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

81Page 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 51

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

82Page 24, line 7, leave out "may" and insert "shall"
 

Clause 54

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

83Page 25, line 18, after "services" insert ", including information technology services,"
84Page 25, line 30, after "court" insert ", save the High Court,"
 

Clause 55

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

85Page 26, line 2, at end insert "which shall highlight best practice and catalogue inefficiencies"
 

Clause 58

 

THE LORD DONALDSON OF LYMINGTON

85APage 27, line 17, leave out from "styled" to end of line 18 and insert ""Justice of Appeal""
 

Clause 59

 

THE LORD DONALDSON OF LYMINGTON

85BPage 28, leave out line 2
 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

86Page 28, line 23, at end insert—
  "and have regard to their recommendations made as a consequence of that consultation"
 

Clause 61

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

87Page 29, line 2, leave out paragraph (b)
88Page 29, line 11, leave out subsection (4)
 The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill.
 

Clause 65

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

89Page 30, line 30, after "Officers," insert—
"(k)  one person who shall represent Victim Support,
(l)  one person who shall represent the National Association of Citizens' Advice Bureaux,"
90Page 30, line 31, leave out "appear to"
91Page 30, line 38, leave out "may" and insert "shall"
92Page 30, line 40, after "Committee" insert "necessarily incurred in the course of their work as members of the Committee"
93Page 30, line 43, at end insert—
"(   )  Persons appointed under subsection (2) shall serve as members of the Committee for a maximum of three years."

 
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©Parliamentary copyright 2003
3 February 2003