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

House of Lords

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After Clause 95

 

THE LORD CHANCELLOR

142AInsert the following new Clause—
  "Alteration of place fixed for Crown Court trial: Northern Ireland
  An application under section 48(3) of the 1978 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court; and accordingly section 48(4) of the 1978 Act ceases to have effect."
 

Clause 97

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

143Page 51, line 38, at end insert "or under section 88 (award of costs against third parties)"
144Page 52, line 1, after "made" insert "under section 31(4) which contains provision of the type specified in section 31(5) or"
144APage 52, line 2, after "officers)" insert ", section 68 (power to amend legislation in connection with Criminal Procedure Rules) or section 75 (power to amend legislation in connection with Family Procedure Rules)"
145Page 52, line 6, leave out paragraph (a)
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

146Page 52, line 9, leave out paragraph (c)
 

Clause 98

 

THE LORD HUNT OF WIRRAL
THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

147Page 52, line 31, at end insert—
"(   )  An order under subsection (3) shall not be made until a draft has been laid before both Houses of Parliament and approved by a resolution of each House."
148Page 52, line 31, at end insert—
"(   )  This section shall cease to have effect at the end of three years beginning with the date on which it comes into force."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

148APage 52, line 39, at end insert—
"(   )  Under section 92, the inserted section 2B of the Damages Act 1996 (c. 48) (variation of orders and settlements) shall not come into effect until the Lord Chancellor is satisfied that secure funding for such future variation to structured settlements is available to defendants."
 

THE LORD HUNT OF WIRRAL
THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Clause 98 stand part of the Bill.
 

Schedule 6

 

THE LORD DONALDSON OF LYMINGTON

149Page 104, line 19, at end insert—
 

"Judicial Pensions and Retirement Act 1993 (c. 8)

      In section 26 (7) (retirement date for holders of certain judicial offices etc.)—
(a)  at the end of paragraph (a), insert the words "or a person who has been a Lord of Appeal in Ordinary or a judge of the Court of Appeal";
(b)  at the end of paragraph (b), insert the words "or a person who has been a Lord of Appeal in Ordinary or a judge of the Court of Appeal"; and
(c)  at the end of paragraph (c), insert the words "unless he is a person who has been a judge of the Court of Appeal"."
 

Schedule 7

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

150Page 107, line 34, at end insert—
  "Law Reform (Personal Injuries) Act 1948 (c. 41)Section 2(4)."
 

THE LORD CHANCELLOR

151Page 109, line 18, column 2, at beginning insert—
  "Section 48(4)."
152Page 109, line 18, column 2, at beginning insert—
  "In section 70(2)(a), the words ", or in the case of the Official Solicitor a solicitor,"."
153Page 110, line 40, at end insert—
  "Income and Corporation Taxes Act 1988 (c. 1)Section 329AA(8)."
154Page 111, line 43, at end insert—
  "Judicial Pensions and Retirement Act 1993 (c. 8)In Part II of Schedule 1, in the entry for Schedule 3 to the Judicature (Northern Ireland) Act 1978, the words from ", other than" to the end.
  In Schedule 5, in the entry for the Judicature (Northern Ireland) Act 1978 the words "or 75(1)"."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

155Page 112, line 13, column 2, at end insert ", except section 26"
 

THE LORD CHANCELLOR

156Page 113, line 8, at end insert—
  "Justice (Northern Ireland) Act 2002 (c. 26)In section 18(9), the words "and in the entry relating to the Official Solicitor"."
 

Clause 100

 

THE LORD CHANCELLOR

157Page 53, line 10, leave out "or 95" and insert ", 95 or (Alteration of place fixed for Crown Court trial: Northern Ireland)"

 
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27 March 2003