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

House of Lords

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Clause 81

 

THE LORD CHANCELLOR

Page 37, line 14, at end insert "; and accordingly section 76(4) of the 1981 Act ceases to have effect."
 

Clause 82

 

THE LORD CHANCELLOR

Page 37, line 18, at end insert—
"(   )  In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—
    "(d)  to make orders under section 23(1)(a).",
  and, at the end of paragraph (b), omit "and".
Page 37, line 19, leave out subsection (2) and insert—
"(2)  After section 31A of the 1968 Act insert—
    "31BProcedural directions: powers of single judge and registrar
    (1)  The power of the Court of Appeal to determine an application for procedural directions may be exercised by—
    (a)  a single judge, or
    (b)  the registrar.
    (2)  "Procedural directions" means directions for the efficient and effective preparation of—
    (a)  an application for leave to appeal, or
    (b)  an appeal,
      to which this section applies.
    (3)  A single judge may give such procedural directions as he thinks fit—
    (a)  when acting under subsection (1);
    (b)  on a reference from the registrar;
    (c)  of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
    (4)  The registrar may give such procedural directions as he thinks fit—
    (a)  when acting under subsection (1);
    (b)  of his own motion.
    (5)  This section applies to an appeal, and an application to the Court of Appeal, under—
    (a)  this Part,
    (b)  section 9 of the Criminal Justice Act 1987, or
    (c)  section 35 of the Criminal Procedure and Investigations Act 1996.
    31CAppeals against procedural directions
    (1)  Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.
    (2)  The Court of Appeal may, on an application to it under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the single judge, and
    (b)  give such procedural directions as it thinks fit.
    (3)  Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
    (4)  A single judge may, on an application to him under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the registrar, and
    (b)  give such procedural directions as he thinks fit.
    (5)  An application under this subsection may be made by—
    (a)  an appellant;
    (b)  a respondent, if the directions—
    (i)  relate to an application for leave to appeal and appear to need the respondent's assistance to give effect to them,
    (ii)  relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
    (iii)  relate to an appeal.
    (6)  In this section—
     "appellant" includes a person who has given notice of application for leave to appeal;
     "respondent" includes a person who will be a respondent if leave to appeal is granted.""
Page 38, line 25, leave out "Section 31ZA of the 1968 Act applies" and insert "Sections 31B to 31C of the 1968 Act apply"
 

Clause 83

 

THE LORD CHANCELLOR

Leave out Clause 83 and insert the following new Clause—
  "Extension of time for criminal appeals to House of Lords
(1)  Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to House of Lords) as follows.
(2)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of that court" substitute "relevant date".
(3)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the decision of the court below, or
    (b)  if later, the date on which that court gives reasons for its decision."
(4)  Amend section 34 of the 1968 Act (applications for leave to appeal to the House of Lords) as follows.
(5)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of the Court" substitute "relevant date".
(6)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the Court of Appeal's decision, or
    (b)  if later, the date on which the Court gives reasons for its decision.""
 

Clause 86

 

THE LORD CHANCELLOR

Leave out Clause 86 and insert the following new Clause—
  "Extension of time for appeals from Courts-Martial Appeal Court
(1)  Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications for leave to appeal to House of Lords) as follows.
(2)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of the Court" substitute "relevant date".
(3)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the Appeal Court's decision, or
    (b)  if later, the date on which the Court gives reasons for its decision.""
 

After Clause 88

 

THE LORD CHANCELLOR

Insert the following new Clause—
  "Award of costs in appeals under Proceeds of Crime Act 2002
(1)  Amend the Proceeds of Crime Act 2002 (c.29) as follows.
(2)  In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—
    "(4)  Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—
    (a)  section 43(1) or (2) (appeals against orders made in restraint proceedings), or
    (b)  section 65 (appeals against, or relating to, the making of receivership orders),
      are in the discretion of the court.
    (5)  Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
    (6)  The court shall have full power to determine by whom and to what extent the costs are to be paid.
    (7)  In any proceedings mentioned in subsection (4), the court may—
    (a)  disallow, or
    (b)  (as the case may be) order the legal or other representative concerned to meet,
      the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91.
    (8)  In subsection (7) "wasted costs" means any costs incurred by a party—
    (a)  as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
    (b)  which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
    (9)  "Legal or other representative", in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf."
(3)  Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.
(4)  In section 91 (Crown Court Rules) after "Crown Court Rules" insert "or (as the case may be) Criminal Appeal Rules"."
 

Clause 94

 

THE LORD CHANCELLOR

Page 50, line 13, leave out "or repealing any enactment (whenever passed)." and insert ", repealing or revoking any enactment."
 

After Clause 96

 

THE LORD CHANCELLOR

Insert the following new Clause—
  "Extension of time for criminal appeals to House of Lords: Northern Ireland
(1)  Amend paragraph 1 of Schedule 1 to the 1978 Act (applications for leave to appeal to House of Lords in certain criminal matters) as follows.
(2)  In sub-paragraph (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of that court" substitute "relevant date".
(3)  After sub-paragraph (1) insert—
    "(1A)      In subsection (1), "the relevant date" means—
    (a)  the date of the decision of the court below, or
    (b)  if later, the date on which that court gives reasons for its decision."
(4)  Amend section 32 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (applications for leave to appeal to the House of Lords) as follows.
(5)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of the Court" substitute "relevant date".
(6)  After subsection (1) insert—
    "(1A)      In subsection (1), "the relevant date" means—
    (a)  the date of the Court of Appeal's decision, or
    (b)  if later, the date on which the Court gives reasons for its decision.""
Insert the following new Clause—
  "Fees: Northern Ireland
  In section 116 of the 1978 Act (fees) after subsection (1) insert—
    "(1A)  Without prejudice to the generality of subsection (1), an order under that subsection may make provision for exemptions from fees and remission of fees (in whole or in part).""
 

Clause 97

 

THE LORD CHANCELLOR

Page 52, line 9, at end insert—
"(8)  In this Act "enactment" includes subordinate legislation and, except where otherwise provided, any reference to an enactment is to an enactment whenever passed or made; and "subordinate legislation" here has the same meaning as in the Interpretation Act 1978 (c. 30).
(9)  In sections 94(6) and 99(4)(b) "enactment" also includes Northern Ireland legislation (whenever passed or made); and "Northern Ireland legislation" here has the same meaning as in the Interpretation Act 1978 (c. 30)."
 

Clause 98

 

THE LORD CHANCELLOR

Page 52, line 13, leave out subsections (2) and (3) and insert—
"(2)  None of the orders and regulations mentioned in subsection (3) may be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(3)  The orders and regulations are—
(a)  the first order to be made under section 4 (areas of courts boards);
(b)  regulations under section 29(5) (costs in legal proceedings);
(c)  an order under section 31(6) or (8) (power to make permanent provision about collection of fines by fines officers);
(d)  an order under—
(i)  section 68 or 75 (powers to amend enactments in connection with Criminal Procedure Rules and Family Procedure Rules), or
(ii)  section 99 (power to make consequential provision etc.),
  which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act;
(e)  regulations under Schedule (Constitution and procedure of courts boards)."
Page 52, line 21, at end insert "or"
Page 52, line 23, leave out from "officers)" to end of line 24

 
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©Parliamentary copyright 2003
16 April 2003