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Amendments to the Courts Bill [HL]

Courts Bill [HL]


FOURTH
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 13 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 13

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

43Insert the following new Clause—
  "Supplemental list
(1)  There shall be kept in the office of the keeper of the rolls for each local justice area a supplemental list as provided for by this Act (in this Act referred to as "the supplemental list").
(2)  There shall be entered in the supplemental list the name of any justice of the peace who has attained the age of 70.
(3)  The name of a justice of the peace shall be entered in the supplemental list if he applies for it to be so entered and the application is approved by the Lord Chancellor.
(4)  A person's name shall be removed from the supplemental list if—
(a)  he ceases to be a justice of the peace; or
(b)  the Lord Chancellor so directs.
(5)  A justice of the peace for any area while his name is entered in the supplemental list shall not by reason of being a justice for that area be qualified as a justice to do any act or to be a member of any committee or other body."
 

Clause 15

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

44Page 7, line 27, leave out "sitting or other"
45Page 7, line 30, leave out "sitting or other"
 

After Clause 15

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

46Insert the following new Clause—
  "Training and appraisal of lay justices
(1)  The justices for each local justice area shall establish a bench training and development committee to monitor the training and appraisal of lay justices.
(2)  The bench training and development committee may make recommendations to the Lord Chancellor to which he shall have regard in carrying out his duties under the provisions of section 11(6)."
47[Withdrawn]
 

Clause 22

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

48*Page 10, line 14, after "2(1)" insert "to be clerk of a local justice area or of local justice areas"
49[Withdrawn]
50[Withdrawn]
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

50A*Page 10, line 15, at end insert—
"(c)  appointed with the agreement of the justices assigned to the local justice area or areas to which the Lord Chancellor intends to assign the justices' clerk"
 

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
THE LORD ACKNER

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."

 
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©Parliamentary copyright 2003
7 February 2003