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Amendments to the Courts Bill [HL]

Courts Bill [HL]


SIXTH
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 79 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 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."
132APage 41, line 30, at end insert—
  "but should only seek to recover the recurrent running costs of the courts"
132BPage 42, line 10, at end insert—
"(   )  The Lord Chancellor may not under this section seek to recover—
(a)  judicial salaries;
(b)  costs of accommodation."
 

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 KINGSLAND
THE LORD HUNT OF WIRRAL

138APage 44, line 24, leave out "pecuniary"
 

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 LORD CHANCELLOR

139ZBPage 44, line 35, leave out "it is protected by"
139ZCPage 44, line 36, at beginning insert "it is protected by"
139ZDPage 44, leave out line 37
139ZEPage 44, line 38, at beginning insert "it is protected by"
139ZFPage 44, line 40, at end insert ", or
(c)  the source of payment is a government or health service body."
139ZGPage 45, line 1, leave out paragraphs (a) and (b) and insert—
"(a)  requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure by virtue of subsection (4);
(b)  about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure by virtue of subsection (4);
(ba)  requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure by virtue of subsection (4);"
 

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

139APage 45, leave out lines 4 and 5
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

139BPage 45, line 5, leave out "(a) or"
 

THE LORD CHANCELLOR

139CPage 45, line 5, leave out "or (b)" and insert ", (b) or (ba)"
 

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 LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140ZAPage 45, line 18, leave out "whether or not" and insert "if"
140ZBPage 45, line 22, at end insert "or"
 

THE LORD CHANCELLOR

140ZBAPage 45, line 24, leave out second "or"
140ZBBPage 45, line 27, at end insert ", or
(d)  the source of payment under the new method is a government or health service body."
140ZBCPage 45, line 33, at end insert—
"(1A)  For the purposes of section 2(4)(c) and (7)(d) "government or health service body" means a body designated as a government body or a health service body by order made by the Lord Chancellor.
(1B)  An order under subsection (1A)—
(a)  shall be made by statutory instrument, and
(b)  shall be subject to annulment in pursuance of a resolution of either House of Parliament."
140ZBDPage 45, line 37, leave out "or"
140ZBEPage 45, line 40, at end insert ", or
(   )  a person's power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140ZCPage 46, line 3, leave out from beginning to end of line 42 on page 47
 

THE BARONESS FINLAY OF LLANDAFF

140APage 46, line 6, leave out "(otherwise than in accordance with section 2(5)(c))"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140BPage 46, line 6, at end insert "where there is admitted or proved a significant likelihood of serious deterioration or development of a serious further complication consequent upon the act or omission giving rise to the cause of action"
140CPage 46, line 6, at end insert "provided that the original court order for periodical payments expressly permits a party to apply to a court for variation in those circumstances"
 

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

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
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

141AAPage 46, leave out lines 23 to 26
141ABPage 46, leave out lines 27 and 28
 

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

141BPage 46, line 28, leave out "or amend"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

141CPage 46, line 34, leave out "may" and insert "shall"
141DPage 46, line 34, leave out "such persons as he thinks appropriate" and insert "as widely as is reasonable in the circumstances"
141EPage 46, line 38, at end insert—
  "but in any event shall only apply to claims arising after the coming into force of this section."
 

THE LORD CHANCELLOR

141FPage 47, line 12, after "court" insert "in so far as it is"
141GPage 47, line 13, at end insert ", or"
141HPage 47, line 14, leave out "settling" and insert "in so far as it settles"
141JPage 47, line 16, leave out from "varied)," to end of line 22
141KPage 47, line 26, leave out "and" and insert—
"(ba)  in subsection (6) after "claim or action for" insert "damages in respect of","
141LPage 47, line 32, leave out "and"
141MPage 47, line 36, at end insert—
  ", and
(c)  the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury also includes a reference to an undertaking given by the Motor Insurers' Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929), or an Article 75 insurer under the Bureau's Articles of Association, in relation to a claim or action in respect of personal injury.""
141NPage 47, line 36, at end insert—
      ", and
(d)  omit subsection (8)."
141PPage 48, line 34, after "court" insert "in so far as it is"
141QPage 48, line 35, at end insert ", or"
141RPage 48, line 36, leave out "settling" and insert "in so far as it settles"
141SPage 48, line 37, leave out from "varied)," to end of line 42 and insert—
"(6)  In subsection (5)(b) the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury includes a reference to an undertaking given by the Motor Insurers' Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929), or an Article 75 insurer under the Bureau's Articles of Association, in relation to a claim or action in respect of personal injury.""

 
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©Parliamentary copyright 2003
17 February 2003