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Amendments to the Courts Bill [HL]

Courts Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS

Page 2, line 3, at end insert—
"(5)  The Lord Chancellor shall discharge his general duty in relation to the courts in accordance with an annual national strategic plan ("the national plan").
(6)  The national plan must be approved by a resolution of each House of Parliament before the beginning of the year to which it relates.
(7)  The national plan may be modified by the Lord Chancellor during the year to which it relates provided such modification is approved by a resolution of each House of Parliament prior to its being made.
(8)  The Lord Chancellor shall discharge his general duty in relation to the courts in each of the areas specified under section 4(2) in accordance with an annual local strategic plan for each area ("a local plan").
(9)  The Lord Chancellor shall submit a local plan to each area justice board established under section 4 containing his proposals for discharging his general duty in relation to the courts in that board's area.
(10)  A local plan must be approved by the board to which it has been submitted before the beginning of the year to which it relates.
(11)  The Lord Chancellor may modify a local plan during the year to which it relates provided such modification is approved by the board to which it has been submitted prior to its being made."
 

After Clause 1

 

THE BARONESS ANELAY OF ST JOHNS

Insert 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 chief officers shall have a duty to work in partnership with the area justice boards.
(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 area justice boards.
(7)  The Lord Chancellor shall by order publish guidelines setting out the good governance principles under which the courts agency shall operate."
 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS

Page 3, line 4, leave out "court administration council" and insert "area justice board"
Page 3, line 5, at end insert—
"(2A)  In specifying areas under subsection (2) the Lord Chancellor shall have regard to the desirability of ensuring that area boundaries are coterminous with those established for the time being in respect of police forces.
(3A)  Where the Lord Chancellor specifies an area whose boundaries are not coterminous as set out in subsection (2A) of this section he shall lay a statement of his reasons for so specifying the area before each House of Parliament."
Page 3, line 6, at end insert—
"(   )  In making appointments under subsection (3) the Lord Chancellor shall give effect to any Code of Practice or other guidance published by the Commission for Public Appointments."
Page 3, line 9, leave out paragraph (b) and insert—
"(b)  two members who are lay justices,"
Page 3, line 15, at end insert "(provided always that a majority of members of each board are members appointed under paragraphs (a) to (d) above)"
Page 3, line 15, at end insert—
"(4A)  When appointing members of area justice boards the Lord Chancellor shall have regard to such criteria as he shall specify in regulations which shall be made by statutory instrument."
Page 3, line 16, leave out "provide the councils with guidance about the way in which they" and insert "make regulations about the way in which boards"
Page 3, line 18, leave out "guidance" and insert "regulations shall be made by statutory instrument and"
 

Clause 5

 

THE LORD FRASER OF CARMYLLIE
THE LORD KINGSLAND

Page 3, line 29, leave out "in" and insert "with particular reference to"
Page 3, line 33, leave out subsection (3)
 

After Clause 5

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

Insert the following new Clause—
  "Duties of a justice
(   )  The Lord Chancellor shall consult the magistrates for a local justice areas on any matters relating to the duties of a justice.
(   )  Rules may make provision for the purposes of this section."
 

Clause 8

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

Page 4, line 25, at end insert—
"(   )  In making an order under subsection (2) or (4), the Lord Chancellor shall—
(a)  make provision for the continuation of the employment of those justices' clerks who are employed when this section comes into force, without imposing any requirement for a process of re-appointment; and
(b)  have regard to the importance of retaining a link between existing benches of justices and their justices' clerk."
 

Clause 10

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

Page 5, line 7, at end insert—
"(1A)  The Lord Chancellor shall appoint such a number of lay justices as appears to him to be appropriate for the purposes of discharging the work of the magistrates' courts.
(1B)  To assist him in discharging his duties under subsections (1) and (1A), the Lord Chancellor shall publish within six months of Royal Assent a national recruitment strategy for the recruitment of lay justices."
 

After Clause 13

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

Insert 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."
 

After Clause 15

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

Insert 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)."
 

Clause 22

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

Page 10, line 17, at end insert—
"(c)  appointed after consultation by the Lord Chancellor with the chairman or chairmen and deputy chairmen of the justices assigned to the local justice area or areas to which the Lord Chancellor intends to assign the justices clerk."
Page 10, line 32, at end insert—
"(   )  Before the Lord Chancellor takes steps to remove a justices' clerk from office he shall—
(a)  consult the chairman and deputy chairman who have worked in the relevant local justice area in the past 12 months;
(b)  consult the Area Justice Board for the area which includes the relevant local justice area; and
(c)  consider any recommendations made to him by the chairman, the deputy chairman, the area justice board or by the justices' clerk who is under notice of removal."
 

Clause 25

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

Page 11, line 42, at end insert—
"(   )  In discharging his duties under subsection (1), the Lord Chancellor shall have regard to the need to ensure that courts are locally accessible by all persons resident in each local justice area."
 

Clause 31

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

Page 15, line 4, leave out "Schedule 2, or"
Page 15, line 16, leave out subsection (8)
Page 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."
 

After Clause 31

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

Insert the following new Clause—
  "Power of the court to order fines officers to report back to court
  A magistrates court may require a fines officer to report to it on the conduct of any case."
 

Clause 47

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

Page 22, line 31, leave out subsection (2)
 

Clause 67

 

THE LORD HUNT OF WIRRAL
THE LORD KINGSLAND

Page 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 a resolution of both Houses"
 

Clause 74

 

THE LORD HUNT OF WIRRAL
THE LORD KINGSLAND

Page 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 80

 

THE LORD HUNT OF WIRRAL
THE LORD KINGSLAND

Page 37, line 6, 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"
 

Clause 98

 

THE BARONESS ANELAY OF ST JOHNS

Page 52, line 13, after "under" insert "section 4(4A) or"
Page 52, line 13, after "under" insert "section 4(5) or"
 

Schedule 1

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

Page 54, line 23, at end insert—
"(2A)      Before making a property transfer scheme, the Lord Chancellor shall consult the persons mentioned in sub-paragraph (2) who are affected by the scheme."

 
 
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©Parliamentary copyright 2003
1 April 2003