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 10

 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

Page 5, line 14, at end insert—
"(   )  This section shall have effect subject to section (Greater Manchester, Merseyside and Lancashire)."
 

Clause 11

 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

Page 5, line 35, at end insert—
"(   )  This section shall have effect subject to section (Greater Manchester, Merseyside and Lancashire)."
 

Clause 13

 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

Page 7, line 4, at end insert—
"(   )  This section shall have effect subject to section (Greater Manchester, Merseyside and Lancashire)."
 

Clause 47

 

THE LORD CHANCELLOR

Page 22, line 32, leave out "gloves or hat" and insert "headgear, gloves or footwear"
 

Clause 85

 

THE LORD CHANCELLOR

Page 39, line 33, leave out "(2)" and insert "(1)"
Page 39, line 34, at end insert—
  "and at the end of paragraph (f), omit "and".
(   )  In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert "and—
    (c)  to make orders under section 28(1)(a).",
  and at the end of paragraph (a), omit "and"."
Page 39, line 35, leave out subsection (2) and insert—
"(2)  After section 36A of that Act insert—
    "36BProcedural directions: powers of single judge and registrar
    (1)  The power of the Appeal Court to determine an application for procedural directions may be exercised by—
    (a)  a judge of the Appeal Court, 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,
      under this Part.
    (3)  A judge of the Appeal Court 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.
    36CAppeals against procedural directions
    (1)  Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.
    (2)  The Appeal Court may, on an application to it under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the 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 judge of the Appeal Court 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)  the Defence Council, if the directions—
    (i)  relate to an application for leave to appeal and appear to need the Defence Council's assistance to give effect to them,
    (ii)  relate to an application for leave to appeal which is to be determined by the Appeal Court, or
    (iii)  relate to an appeal.""
Page 40, line 30, leave out "Section 36ZA of that Act applies" and insert "Sections 36B to 36C of that Act apply"
 

Clause 87

 

THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

Page 42, line 8, at end insert—
  "and should only seek to recover the recurrent running costs of the courts"
Page 42, line 8, at end insert—
"(   )  An order under subsection (1) above shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
 

Clause 92

 

THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

Page 44, line 20, at end insert—
"(   )  may order that such payments be increased or decreased on an annual basis but any such increase must not exceed the increase in the Retail Price Index"
Page 46, line 16, leave out from beginning to end of line 13 on page 47
Page 46, line 27, after "may" insert "only"
Page 46, line 34, leave out paragraph (d)
Page 46, line 38, leave out subsection (4)
 

Schedule 1

 

THE LORD CHANCELLOR

Page 54, line 23, at end insert—
"(   )      Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect."
Page 54, line 26, at beginning insert "In this Part of this Schedule"
Page 56, line 13, leave out from beginning to end of line 44 on page 57 and insert—
 

"Supplementary provisions in property transfer scheme

 8A      A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.
 

PART 2
STAFF TRANSFERS

 

Interpretation

 8B      In this Part of this Schedule—
(a)  "TUPE" means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),
(b)  "the appointed day" means the day immediately before the abolition day,
(c)  references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997 (c. 25),
(d)  references to a responsible authority's relevant functions are to its functions under that Act, and
(e)  references to a transferred employee are to an employee transferred to the Lord Chancellor's employment by virtue of paragraph 8C or 8D.
 

Application of TUPE

 8C      For the purposes of TUPE—
(a)  the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and
(b)  each such transfer is to be treated as the transfer of an undertaking.
 8D   (1)   For the purposes of TUPE—
(a)  the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,
(b)  each such transfer is to be treated as the transfer of an undertaking, and
(c)  each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.
(2)      A person falls within this sub-paragraph if—
(a)  immediately before the appointed day he is employed by the responsible authority under a contract of employment,
(b)  he spends a substantial part of his time on duties connected with the relevant functions of the authority, and
(c)  the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor's employment.
(3)      Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.
 8E      A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.
 

Restrictions on employment of aliens not to apply to transferred employees

 8F      Nothing in—
(a)  section 3 of the Act of Settlement (1700 c. 2),
(b)  section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), or
(c)  any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,
  applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 8C or 8D.
 

Compensation for responsible authorities

 8G      The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who—
(a)  immediately before the appointed day is employed by the authority under a contract of employment, and
(b)  spends part of his time on duties connected with the relevant functions of the authority,
  but who is not transferred to the Lord Chancellor's employment by virtue of paragraph 8D.
 

PART 3
MISCELLANEOUS AND SUPPLEMENTARY"

Page 58, line 21, leave out from "with" to end of line 27 and insert "—
(a)  the exercise of any powers exercisable by him in relation to a property transfer scheme, or
(b)  Part 2 of this Schedule."
 

Schedule 7

 

THE LORD CHANCELLOR

Page 108, line 20, column 2, at beginning insert—
  "In section 36(1), at the end of paragraph (f) "and".
  In section 36A(1), at the end of paragraph (a) "and"."

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
1 May 2003