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Amendments to the Courts Bill [HL]

Courts Bill [HL]


FIFTH
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—

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 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

83[Withdrawn]
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."
 

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)"."

 
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©Parliamentary copyright 2003
11 February 2003