House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Courts Bill [HL]

Courts Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE LORD CHANCELLOR

Page 2, line 3, leave out "business of the courts referred to in subsection (1)" and insert "way in which he has discharged his general duty in relation to the courts"
 

Clause 2

 

THE LORD CHANCELLOR

Page 2, line 9, leave out subsections (2) and (3) and insert—
"(2)  The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to persons appointed under subsection (1) as they apply to other persons employed in the civil service of the State.
(3)  "The civil service pension arrangements" means—
(a)  the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c.11)), and
(b)  any other superannuation benefits for which provision is made under or by virtue of section 1 of the 1972 Act for or in respect of persons in employment in the civil service of the State."
 

Clause 4

 

THE LORD CHANCELLOR

Leave out Clause 4 and insert the following new Clause—
  "Establishment of courts boards
(1)  England and Wales is to be divided into areas for each of which there is to be a courts board.
(2)  The areas are to be those specified by an order made by the Lord Chancellor.
(3)  Each area established by an order under subsection (2) is to be known by such name as is specified in the order (but subject to subsection (4)).
(4)  The Lord Chancellor may make orders altering the areas.
(5)  "Altering", in relation to an area, includes (as well as changing its boundaries)—
(a)  combining it with one or more other areas,
(b)  dividing it between two or more other areas, and
(c)  changing its name.
(6)  Before making an order under subsection (4), the Lord Chancellor must consult any courts board affected by the proposed order.
(7)  Schedule (Constitution and procedure of courts boards) contains provisions about the constitution and procedure of courts boards."
 

Clause 5

 

THE LORD CHANCELLOR

Leave out Clause 5 and insert the following new Clause—
  "Functions of courts boards
(1)  Each courts board is under a duty, in accordance with guidance under this section—
(a)  to scrutinise, review and make recommendations about the way in which the Lord Chancellor is discharging his general duty in relation to the courts with which the board is concerned, and
(b)  for the purposes mentioned in paragraph (a), to consider draft and final business plans relating to those courts.
(2)  In discharging his general duty in relation to the courts, the Lord Chancellor must give due consideration to recommendations provided by the boards under subsection (1).
(3)  The courts with which a courts board is concerned are—
(a)  the Crown Court,
(b)  county courts, and
(c)  magistrates' courts,
  in the board's area.
(4)  The Lord Chancellor must prepare and issue the boards with guidance about how they should carry out their functions under subsection (1).
(5)  The guidance may in particular contain provisions—
(a)  about the procedures to be followed in connection with draft and final business plans;
(b)  conferring on the boards functions supplementing their functions under subsection (1).
(6)  The Lord Chancellor may from time to time issue the boards with revised guidance and revoke previous guidance.
(7)  Guidance issued under this section must be laid before both Houses of Parliament."
 

Clause 10

 

THE LORD CHANCELLOR

Page 5, line 14, at end insert—
"(4)  Rules may make provision about the training courses to be completed before a person may exercise functions as a lay justice in any proceedings or class of proceedings specified in the rules.
(5)  Subsection (3) is subject to section (The supplemental list) (entry of names in the supplemental list)."
 

Clause 11

 

THE LORD CHANCELLOR

Page 5, line 16, leave out subsections (1) to (4)
Page 5, line 33, leave out "or" and insert—
"(   )  on the ground of a persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chancellor, or"
 

After Clause 11

 

THE LORD CHANCELLOR

Insert the following new Clause—
  "The supplemental list
(1)  A list, to be known as "the supplemental list", must be kept in the office of the Clerk of the Crown in Chancery.
(2)  A lay justice whose name is entered in the supplemental list is not qualified as a justice of the peace to do any act or to be a member of a committee or other body.
(3)  No act or appointment is invalidated by reason of the disqualification of a lay justice under subsection (2)."
Insert the following new Clause—
  "Entry of names in the supplemental list
(1)  Subject to subsections (2) and (3), the name of a lay justice who has reached 70 must be entered in the supplemental list.
(2)  The name of a lay justice who, when he reaches 70, is chairman of the lay justices assigned to a local justice area need not be entered in the supplemental list until the term for which he is serving as chairman has ended.
(3)  Where—
(a)  proceedings are, or are expected to be, in progress on the day on which the lay justice reaches 70, and
(b)  the lay justice is exercising functions in those proceedings as a justice of the peace,
  the Lord Chancellor may direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.
(4)  The name of a lay justice must be entered in the supplemental list if—
(a)  he applies for it to be entered, and
(b)  the application is approved by the Lord Chancellor.
(5)  The Lord Chancellor may direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity."
Insert the following new Clause—
  "Removal of names from the supplemental list
(1)  A person's name must be removed from the supplemental list if he ceases to be a justice of the peace.
(2)  A person's name must be removed from the supplemental list if—
(a)  his name is in the list as a result of section (Entry of names in the supplemental list)(4) or (5), and
(b)  the Lord Chancellor directs its removal."
 

Clause 13

 

THE LORD CHANCELLOR

Page 7, line 1, leave out paragraph (c) and insert—
"(c)  the fact that a lay justice assigned to the area has ceased to be a justice of the peace or that his name has been entered in or removed from the supplemental list."
 

After Clause 15

 

THE LORD CHANCELLOR

Insert the following new Clause—
  "Training, development and appraisal of lay justices
(1)  Rules may (in addition to making provision under sections 10(4) and 15(6)) make provision for, or in connection with, the training, development and appraisal of lay justices.
(2)  Such rules may make provision for committees, constituted in accordance with the rules, to have such functions as may be specified in the rules, including, in particular—
(a)  providing advice and support to lay justices in connection with their functions as lay justices;
(b)  identifying the training needs of lay justices;
(c)  appraising lay justices and reporting on the results of appraisals;
(d)  giving or withholding approval for the purposes of section 15;
(e)  advising the Lord Chancellor in relation to authorisations of lay justices as members of family proceedings courts or youth courts;
(f)  granting or revoking such authorisations on behalf of the Lord Chancellor.
(3)  The Lord Chancellor must ensure that appropriate training and training materials are provided for lay justices with a view to enabling them to comply with requirements as to training imposed by rules under section 10 or 15 or this section."
 

Clause 16

 

THE LORD CHANCELLOR

Page 8, line 24, leave out "14 and 15" and insert "10, 14, 15 and (Training, development and appraisal of lay justices)"
Page 8, line 25, leave out "14 or 15" and insert "10, 14, 15 or (Training, development and appraisal of lay justices)"
 

Clause 17

 

THE LORD CHANCELLOR

Page 8, line 37, leave out from "1871 (c. 48)" to end of line 38
 

Clause 19

 

THE LORD CHANCELLOR

Page 9, line 16, leave out from "1871 (c. 48)" to end of line 19
 

Clause 25

 

THE LORD CHANCELLOR

Page 12, line 2, after "distribution" insert "and transfer"
 

Clause 31

 

THE LORD CHANCELLOR

Page 14, line 36, leave out "(whenever passed)"
 

Clause 32

 

THE LORD CHANCELLOR

Page 15, line 23, leave out "(whenever passed)"
 

Clause 41

 

THE LORD CHANCELLOR

Page 19, line 35, leave out "again."" and insert "again.
    (4)  The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 25(2) of the Courts Act 2003.""
 

Clause 43

 

THE LORD CHANCELLOR

Page 20, line 22, leave out "proceedings."" and insert "proceedings.
    (4)  The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 25(2) of the Courts Act 2003.""
 

Clause 59

 

THE LORD CHANCELLOR

Page 28, line 28, leave out "or repealing any enactment (whenever passed)." and insert ", repealing or revoking any enactment."
 

Clause 68

 

THE LORD CHANCELLOR

Page 31, line 28, leave out "or repeal any enactment, or amend or revoke any provision of subordinate legislation," and insert ", repeal or revoke any enactment"
 

Clause 70

 

THE LORD CHANCELLOR

Page 32, line 17, leave out "means family proceedings as defined by" and insert ", in relation to a court, means proceedings in that court which are family proceedings as defined by either"
 

Clause 71

 

THE LORD CHANCELLOR

Page 33, line 11, at end insert—
"(   )  Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions."
 

Clause 75

 

THE LORD CHANCELLOR

Page 35, line 2, leave out "or repeal any enactment, or amend or revoke any provision of subordinate legislation," and insert ", repeal or revoke any enactment"

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
16 April 2003