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Amendments to the Courts Bill [HL]

Courts Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 6th May 2003, as follows—

Clauses 1 to 6
Schedule 1
Clauses 7 to 31
Schedule 2
Clauses 32 to 40
Schedule 3
Clauses 41 to 60
Schedule 4
Clauses 61 to 91
Schedule 5
Clauses 92 to 99
Schedules 6 and 7
Clauses 100 to 102

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD CHANCELLOR

1Page 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"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

2Page 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
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

3Insert 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 2

 

THE LORD CHANCELLOR

4Page 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."
5Page 2, line 14, leave out subsections (4) and (5) and insert—
"(4)  Subject to subsections (5) and (6), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
(5)  The Lord Chancellor may not enter into contracts for the provision of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.
(6)  The Lord Chancellor may not enter into contracts for the provision of officers and staff to carry out the administrative work of the courts unless an order made by the Lord Chancellor authorises him to do so.
(7)  Before making an order under subsection (6) the Lord Chancellor must consult—
(a)  the Lord Chief Justice,
(b)  the Master of the Rolls,
(c)  the President of the Family Division, and
(d)  the Vice-Chancellor,
  as to what effect (if any) the order might have on the proper and efficient administration of justice.
(8)  An order under subsection (6) may authorise the Lord Chancellor to enter into contracts for the provision of officers or staff to discharge functions—
(a)  wholly or to the extent specified in the order,
(b)  generally or in cases or areas specified in the order, and
(c)  unconditionally or subject to the fulfilment of conditions specified in the order."
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

6Page 2, line 16, at end insert—
"(   )  Before entering into an arrangement under subsection (4), which includes the provision of officers or staff who are not employed in the civil service of the State, the Lord Chancellor shall consult—
(a)  the Lord Chief Justice,
(b)  the Master of the Rolls,
(c)  the President of the Family Division, and
(d)  the Vice Chancellor,
  as to what effect (if any) the arrangement might have on the proper and efficient administration of justice."
 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

7Page 3, line 3, leave out "a court administration council" and insert "an area justice board"
8Page 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.
(2B)  Where the Lord Chancellor specifies an area whose boundaries are not coterminous as set out in subsection (2A) he shall lay a statement of his reasons for so specifying the area before each House of Parliament."
9Page 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 Office of the Commissioner for Public Appointments."
10Page 3, line 9, leave out paragraph (b) and insert—
"(b)  two members who are lay justices,"
11Page 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)"
12Page 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."
13Page 3, line 16, leave out from "must" to "should" in line 17 and insert "make regulations about the way in which boards"
14Page 3, line 18, leave out "guidance" and insert "regulations shall be made by statutory instrument and"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART

15Page 3, line 21, at end insert—
"(   )  The appointment by the Lord Chancellor of a person to be the chief officer for an area specified under this section for the purpose of discharging his general duty in relation to the courts shall require the prior consent of the area justice board for that area."
16Page 3, line 21, at end insert—
"(   )  Each area justice board shall keep under review the discharge of the Lord Chancellor's duty and his compliance with the local plan for the area for which the board is established, and shall make such reports to the Lord Chancellor as they consider appropriate in respect of that work."
17Page 3, line 21, at end insert—
"(   )  Each area justice board may draw to the attention of the Lord Chancellor such matters as they consider appropriate relating to his general duty in relation to the courts."
 

THE LORD CHANCELLOR

18Leave 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.
5(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."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
[As an amendment to amendment 18]

19Line 5, at end insert—
"(   )  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."
 

Clause 5

 

THE LORD CHANCELLOR

20Leave 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
9  
(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).
12  
(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."
 

THE LORD PHILLIPS OF SUDBURY
[As amendments to amendment 20]

21Line 9, after "final" insert "strategy and"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

22*Line 12, at end insert—
"(2A)  If the Lord Chancellor rejects a recommendation made by a courts board about a final business plan under subsection (1) he shall give to the board written reasons for so doing."

 
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7 May 2003