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

House of Lords

back to previous amendments

 

Clause 13

 

THE LORD CHANCELLOR

42Page 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."
 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

43Page 7, line 4, at end insert—
"(   )  This section shall have effect subject to section (Greater Manchester, Merseyside and Lancashire)."
 

After Clause 13

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

44Insert 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 LORD CHANCELLOR

45Insert 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."
 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

46Insert 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)."
 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

47Insert the following new Clause—
  "Greater Manchester, Merseyside and Lancashire
(1)  This section applies to the area consisting of the counties of Greater Manchester and Merseyside and the retained county of Lancashire; and for this purpose the retained county of Lancashire is that county as it stood immediately before 1st April 1995.
(2)  Sections 10, 11 and 13 above have effect—
(a)  in the case of a local justice area which is wholly included within the area to which this section applies with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster; and
(b)  in the case of a local justice area which is partly included within that area with the substitution, for any reference to the Lord Chancellor, of a reference to the Lord Chancellor and the Chancellor of the Duchy of Lancaster acting jointly."
 

Clause 16

 

THE LORD CHANCELLOR

48Page 8, line 24, leave out "14 and 15" and insert "10, 14, 15 and (Training, development and appraisal of lay justices)"
49Page 8, line 25, leave out "14 or 15" and insert "10, 14, 15 or (Training, development and appraisal of lay justices)"
 

After Clause 16

 

THE LORD CHANCELLOR

50Insert the following new Clause—
  "Duty to consult lay justices on matters affecting them etc.
  The Lord Chancellor must take all reasonable and practicable steps—
(a)  for ensuring that lay justices acting in a local justice area are kept informed of matters affecting them in the performance of their duties, and
(b)  for ascertaining their views on such matters."
 

Clause 17

 

THE LORD CHANCELLOR

51Page 8, line 37, leave out from "1871 (c. 48)" to end of line 38
 

Clause 19

 

THE LORD CHANCELLOR

52Page 9, line 16, leave out from "1871 (c. 48)" to end of line 19
 

Clause 22

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

53Page 10, line 17, at end insert ", and
(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."
 

THE LORD CHANCELLOR

54Page 10, line 22, at end insert—
"(2A)  The Lord Chancellor—
(a)  must assign each justices' clerk to one or more local justice areas, and
(b)  subject to subsection (2B), may change an assignment so as to assign the justices' clerk to a different local justice area or to different local justice areas.
(2B)  Before changing an assignment of a justices' clerk so that he is no longer assigned to a local justice area, the Lord Chancellor must consult—
(a)  the chairman of the lay justices assigned to that area, or
(b)  if it is not possible or not practicable to consult the chairman, the deputy chairman or such of the lay justices assigned to or acting in the area as appear to the Lord Chancellor appropriate."
 

THE BARONESS ANELAY OF ST JOHNS

55*Page 10, line 22, at end insert—
"(2A)  Before the Lord Chancellor takes steps to remove a justices' clerk from office in the local justice area or areas to which he has been assigned, he shall consult the chairman, or chairmen, and deputy chairmen who have worked with that justices' clerk during the previous 12 months."
 

THE LORD CHANCELLOR

56Page 10, line 25, leave out "arrangements made by him under" and insert "a contract made by virtue of"
 

Clause 23

 

THE BARONESS ANELAY OF ST JOHNS

57*Page 11, line 19, leave out subsection (7)
 

Clause 25

 

THE BARONESS ANELAY OF ST JOHNS

58*Page 11, line 42, at end insert—
"(   )  In exercising his powers under subsection (1), the Lord Chancellor shall have regard to the need to ensure that court-houses are locally accessible by persons resident in each local justice area."
 

THE LORD CHANCELLOR

59Page 12, line 2, after "distribution" insert "and transfer"
 

Clause 31

 

THE LORD CHANCELLOR

60Page 14, line 36, leave out "(whenever passed)"
 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

61Page 15, line 4, leave out "Schedule 2, or"
62Page 15, line 16, leave out subsection (8)
63Page 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

64Insert 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."
 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

65Insert the following new Clause—
  "Training
(1)  The Lord Chancellor may provide guidance as to the training of a fines officer.
(2)  Guidance provided in accordance with subsection (1) shall be published—
(a)  before the pilot scheme regarding fines officers is established, and
(b)  after consultation with such persons as the Lord Chancellor may deem appropriate."
 

Schedule 2

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

66Page 61, line 34, leave out sub-paragraphs (2) and (3) and insert—
"(2)      Interest shall be payable from the date of default on the amount of the fine for the time being unpaid at the rate of interest payable on judgment debts."
67Page 61, line 37, leave out "increase" and insert "interest"
68Page 61, line 39, leave out "increase" and insert "interest"
69Page 61, line 41, leave out "increase" and insert "interest"
70Page 61, line 42, at end insert ", and
(c)  shall not be taken into account when calculating the amount on which interest is payable under sub-paragraph (2)"
71Page 62, line 2, leave out "an increase is imposed" and insert "interest becomes payable"
72Page 62, line 3, leave out ""increase" and insert ""interest"
73Page 62, line 4, leave out "increase" and insert "interest"
74Page 62, line 10, leave out "increase" and insert "interest"
75Page 62, line 18, leave out "increase" and insert "interest becomes payable"
76Page 62, line 22, leave out "the increase" and insert "interest"
77Page 62, line 26, leave out "increase" and insert "interest"
78Page 62, line 28, leave out "increase" and insert "interest"
79Page 62, line 32, leave out "the increase is imposed" and insert "interest becomes payable"
80Page 63, line 2, at end insert "(other than a clamping order)"
 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

81Page 63, line 24, after "except" insert "by a court and"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

82Page 63, line 39, leave out "the increase" and insert "interest"
83Page 64, line 11, at end insert—
"(   )      The magistrates' court may (either before or after the end of the period of 10 working days) extend the time for appealing under this paragraph."
84Page 64, line 27, leave out "increase)" and insert "interest)"

 
back to previous pagecontinue 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
7 May 2003