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Amendments to the Courts Bill [HL]

Courts Bill [HL]


REVISED
SECOND
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 1 to 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.

 

After Clause 1

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

6Insert the following new Clause—
  "Establishment of courts agency
(1)  The Lord Chancellor is under a duty to establish a courts agency which shall be responsible for the administration of all the courts in England and Wales save the House of Lords.
(2)  The Lord Chancellor may appoint a chief executive to be accountable to him for the performance of the courts agency.
(3)  Before appointing a chief executive the Lord Chancellor shall consult such persons who appear to him to have appropriate knowledge or experience of the work of the courts.
(4)  England and Wales shall be divided into areas for each of which there is to be a local area managed by agency chief officers who shall be responsible for the delivery of service in their area.
(5)  The local area chief officers shall have a duty to work in partnership with the court administration councils.
(6)  Where there is a dispute over proposals to open, close or relocate court-houses, the issue shall be referred to the Lord Chancellor; and in resolving the dispute the Lord Chancellor shall have regard to the views of the court administration councils.
(7)  The Lord Chancellor shall by order publish guidelines setting out the good governance principles under which the courts agency shall operate."
 

Clause 2

 

THE BARONESS GIBSON OF MARKET RASEN
THE LORD LEA OF CRONDALL
THE LORD BROOKE OF ALVERTHORPE

7Page 2, line 7, after "(1)" insert "or transferred under Schedule 1"
8Page 2, line 11, leave out "arrangements" and insert "contracts or sub-contracts, or both,"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

9Page 2, line 11, after "arrangements" insert "including contracting out services to private companies"
 

THE BARONESS GIBSON OF MARKET RASEN
THE LORD LEA OF CRONDALL
THE LORD BROOKE OF ALVERTHORPE

10Page 2, line 12, leave out ", staff or services" and insert "or staff"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS GIBSON OF MARKET RASEN
THE LORD LEA OF CRONDALL

11Page 2, line 13, at end insert—
"(   )  The Lord Chancellor shall not exercise his powers under subsection (4) unless he has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice Chancellor."
 

THE BARONESS GIBSON OF MARKET RASEN
THE LORD LEA OF CRONDALL
THE LORD BROOKE OF ALVERTHORPE

12Page 2, line 13, insert—
"(4B)  An order under subsection (4) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

13Page 2, line 16, at end insert "(including the functions of a fines officer)"
 

Clause 3

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

14Page 2, line 18, leave out "may" and insert "shall"
15Page 2, line 22, after "equipment" insert "(including information technology equipment)"
 

Clause 4

 

THE LORD DIXON-SMITH

16Page 2, line 37, after "into" insert "a minimum of 25"
17Page 2, line 38, at end insert—
"(   )  The number of court administration councils and the area for which each is responsible shall be the same as the number and area of police authorities."
18Page 2, line 40, at end insert—
"(   )  Before appointing the members of a court administration council, the Lord Chancellor shall consult judges, lay justices and local authorities serving in the area."
19Page 3, line 2, leave out paragraph (a) and insert—
"(a)  a minimum of 2 members who are judges serving in the area chosen by the judges serving in the area,"
20Page 3, line 3, leave out paragraph (b) and insert—
"(b)  a minimum of five members who are lay justices serving in the area chosen by the lay justices serving in the area,"
21Page 3, line 7, leave out paragraph (d) and insert—
"(d)  four members chosen from among those who are elected representatives of the people living in the area,"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

21APage 3, line 10, after "must" insert "by order"
21BPage 3, line 11, at end insert—
"(   )  An order under subsection (5) shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

22Page 3, line 12, leave out "may" and insert "will"
 

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

23Leave out Clause 4 and insert the following new Clause—
  "Area courts management boards
(1)  For the purpose of implementing this Part, England and Wales shall be divided into areas.
(2)  For each area there shall be a board (referred to in this Act as an "area courts management board") which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
(3)  Schedule (Area courts management boards) (which makes provision about the constitution of area courts management boards, their powers and other matters relating to them) is to have effect.
(4)  References in this Act or any other enactment to an officer of an area courts management board are references to—
(a)  any member of the staff allocated to an area courts management board to exercise the functions of an officer of the board, and
(b)  any other individual exercising functions of an officer of an area courts management board by virtue of section 5(2).
(5)  The initial areas for the purpose of implementing this Part are—
(a)  the police areas listed in Schedule 1 to the Police Act 1996 (c. 16) (police areas), and
(b)  the area comprising the Metropolitan Police District and the City of London Police Area.
(6)  The division of England and Wales into areas for that purpose may be altered from time to time by order made by the Lord Chancellor."
 

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"
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."

 
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©Parliamentary copyright 2003
28 January 2003