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

House of Lords

back to previous amendments

 

Clause 66

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

94Page 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 KINGSLAND
THE LORD HUNT OF WIRRAL

95Page 31, line 12, leave out "(unless it is inexpedient to do so)"
96Page 31, line 16, leave out ", with the concurrence of the Secretary of State,"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

97Page 31, line 17, leave out ", disallow or alter" and insert "or disallow"
98Page 31, line 18, leave out subsection (4)
99Page 31, line 19, leave out "or altered"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

100Page 31, line 24, leave out from "Rules" to third "of" in line 25 and insert "shall not be made unless a draft of the instrument has been laid before and approved by resolution of both Houses"
 

Clause 68

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

101Page 31, line 29, leave out "or desirable"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

102Page 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 72

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

103Page 34, line 4, leave out "one person with" and insert "two persons with current"
104Page 34, line 16, leave out "may" and insert "shall"
105Page 34, line 17, at end insert "necessarily incurred in the course of their work as members of the Committee"
106Page 34, line 17, at end insert—
"(   )  Persons appointed under subsection (2) shall serve as members of the Committee for a maximum of three years."
 

Clause 73

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

107Page 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 KINGSLAND
THE LORD HUNT OF WIRRAL

108Page 34, line 29, leave out "(unless it is inexpedient to do so)"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

109Page 34, line 33, leave out ", disallow or alter" and insert "or disallow"
110Page 34, line 34, leave out subsection (4)
111Page 34, line 35, leave out "or altered"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

112Page 34, line 40, leave out from "Rules" to third "of" in line 41 and insert "shall not be made unless a draft of the instrument has been laid before and approved by a resolution of both Houses"
 

Clause 75

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

113Page 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 Parliament."
 

Clause 78

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

114Page 36, line 6, after "with" insert "current"
 

Clause 79

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

115Page 36, line 24, leave out from "order" to "House" in line 25 and insert "shall not be made unless a draft of it has been laid before, and approved by a resolution of, each"
 

Clause 80

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

116Page 36, line 34, leave out "(unless it is inexpedient to do so)"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

117Page 36, line 38, leave out ", disallow or alter" and insert "or disallow"
118Page 37, leave out lines 1 and 2
119Page 37, line 3, leave out "or altered"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

120Page 37, line 8, leave out from "Rules" to third "of" in line 9 and insert "shall not be made unless a draft of the instrument has been laid before and approved by a resolution of both Houses"
 

Before Clause 81

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

121Insert the following new Clause—
  "
(1)  In section 9 of the Criminal Appeal Act 1995 (c. 35) (cases dealt with on indictment in England and Wales), after subsection (4) there is inserted—
    "(4A)  In proceedings before the Court of Appeal following a reference under subsection (1), the appellant's grounds of appeal shall be restricted to the matters specified in the Commission's statement of reasons given under section 14(4), unless the Court of Appeal grants leave to the appellant to include other matters in the grounds of appeal."
(2)  In section 10 of the Criminal Appeal Act 1995 (c. 35) (cases dealt with on indictment in Northern Ireland), after subsection (4) there is inserted—
    "(4A)  In proceedings before the Court of Appeal following a reference under subsection (1), the appellant's grounds of appeal shall be restricted to the matters specified in the Commission's statement of reasons given under section 14(4), unless the Court of Appeal grants leave to the appellant to include other matters in the grounds of appeal.""
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

122Insert the following new Clause—
  "Court of Appeal: Attorney General's power to refer unduly lenient sentences
  In section 35(3) of the Criminal Justice Act 1988 (c. 33) (scope of Part IV) after paragraph (b)(ii) there is inserted—
      "; or
    (iii)  for an offence under section 9 of the Theft Act 1968 (c. 60) (burglary)"."
 

Clause 81

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

123Page 37, line 16, leave out "by a judge of the High Court"
 

Clause 83

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

124Page 38, line 42, leave out "by the defendant,"
125Page 38, line 42, leave out "14" and insert "28"
126Page 39, leave out lines 1 and 2
127Page 39, line 9, leave out "by the defendant,"
128Page 39, line 9, leave out "14" and insert "28"
129Page 39, leave out lines 12 and 13
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

130Page 39, line 14, at end insert "or prosecutor"
 

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 GOODHART
THE LORD THOMAS OF GRESFORD

137APage 42, line 24, at end insert—
    "(   )  In deciding whether there has been serious misconduct, the court must have particular regard to the importance of the Convention right (as defined in the Human Rights Act 1998 (c. 42)) of freedom of expression."
 

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 be increased or decreased in accordance with the Retail Price Index."
    139ZAPage 44, line 28, at end insert—
      "(   )  In considering whether to order periodical payments under subsection (1), the court shall take into account the views of the claimant."
     

    THE BARONESS FINLAY OF LLANDAFF
    THE LORD GOODHART
    THE LORD THOMAS OF GRESFORD

    139APage 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

140APage 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."
141ZAPage 46, line 6, at end insert—
    "(   )  But no order may be made under subsection (1) authorising the increase of periodical payments previously ordered under section 2(1) unless in the proceedings in which the payments were originally ordered—
    (a)  it was proved or admitted that at some definite or indefinite time in the future the injured person would, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his or her physical or mental condition; and
    (b)  the court assessed the periodical payments on the assumption that the injured person would not develop the disease or suffer the deterioration in his condition."
141APage 46, leave out lines 17 and 18
141BPage 46, line 28, leave out "or amend"

 
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3 February 2003