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

House of Lords

back to previous amendments

 

Clause 32

 

THE LORD CHANCELLOR

85Page 15, line 23, leave out "(whenever passed)"
86Page 15, line 27, leave out "arrangements made by him under" and insert "a contract made by virtue of"
 

Clause 36

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS ANELAY OF ST JOHNS

87Page 18, line 4, leave out subsection (5)
 

Clause 37

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS ANELAY OF ST JOHNS

88Page 18, line 26, at end insert—
"(   )  Nothing in that section shall disqualify any person from being appointed or acting as a justice of the peace."
 

Clause 40

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

89Leave out Clause 40
 

Schedule 3

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

90Page 68, line 1, at end insert—
"(   )      A party to the case may appeal to the Crown Court against a ruling made under this section."
 

THE LORD CHANCELLOR

91Page 68, leave out lines 30 to 32 and insert "—
    (a)  the magistrates' court commits or sends him to the Crown Court for trial for the offence charged in the information, or
    (b)  a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988."
92Page 68, line 34, leave out from "section" to end of line 39 and insert "no report of matters falling within subsection (2) may be published in England and Wales."
93Page 69, line 21, leave out from "matters" to end of line 22
94Page 69, line 24, at end insert—
    "(6A)  Subsection (1) does not apply to a report which contains only one or more of the following matters—
    (a)  the identity of the court and the names of the justices;
    (b)  the names, ages, home addresses and occupations of the accused and witnesses;
    (c)  the offence or offences, or a summary of them, with which the accused or any of the accused are charged;
    (d)  the names of counsel and solicitors in the proceedings;
    (e)  where the proceedings are adjourned, the date and place to which they are adjourned;
    (f)  any arrangements as to bail;
    (g)  whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.
    (6B)  The addresses that may be included in a report by virtue of subsection (6A) are addresses—
    (a)  at any relevant time, and
    (b)  at the time of their inclusion in the publication.
    (6C)  In subsection (6B), "relevant time" means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred."
95Page 69, line 26, leave out from first "on" to end of line 27 and insert "the publication of a report of any matter"
96Page 69, line 29, leave out paragraph (a) and insert—
    "(a)  references to publication of a report of matters falling within subsection (2)—
    (i)  include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but
    (ii)  do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;"
97Page 69, line 37, leave out "or included in a relevant programme"
98Page 69, line 40, leave out "written"
99Page 69, line 43, leave out paragraph (b)
100Page 70, line 4, at end insert—
    "(   )  in the case of any other publication, any person publishing it.
    (1A)  If an offence under this section committed by a body corporate is proved—
    (a)  to have been committed with the consent or connivance of, or
    (b)  to be attributable to any neglect on the part of,
      an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
    (1B)  In subsection (1A), "officer" means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
    (1C)  If the affairs of a body corporate are managed by its members, "director" in subsection (1B) means a member of that body."
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

101Leave out Schedule 3
 

Clause 41

 

THE LORD CHANCELLOR

102Page 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

103Page 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 46

 

THE LORD CHANCELLOR

104Page 22, line 18, leave out "arrangements made by him under" and insert "a contract made by virtue of"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

105Page 22, line 19, at end insert—
"(1A)  Anyone appointed or designated under subsection (1) must be a person who has been subject to and passed a police check."
 

THE LORD SWINFEN
THE BARONESS ANELAY OF ST JOHNS

106Page 22, line 23, at end insert "; and
(c)  the procedure to be followed by court security staff in the discharge of their functions"
 

Clause 47

 

THE LORD SWINFEN
THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

107Page 22, line 31, leave out subsection (2)
 

THE LORD CHANCELLOR

108Page 22, line 32, leave out "gloves or hat" and insert "headgear, gloves or footwear"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

109Page 22, line 36, at end insert—
"(4)  Where a court security officer reasonably believes that a more thorough search is required arrangements should be made for this to take place in private."
 

Clause 48

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

110Page 23, line 17, at end insert—
"(   )  The Lord Chancellor shall ensure that sufficient resources are allocated in order to discharge the functions in subsections (2) and (3)."
 

Clause 54

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

111Page 25, line 18, at end insert "including information technology services"
 

Clause 56

 

THE LORD CHANCELLOR

112Page 26, line 15, leave out "arrangements made by the Lord Chancellor under" and insert "a contract made by the Lord Chancellor by virtue of"
113Page 26, line 20, leave out "arrangements made by the Lord Chancellor under" and insert "a contract made by the Lord Chancellor by virtue of"
 

Clause 59

 

THE LORD CHANCELLOR

114Page 28, line 28, leave out "or repealing any enactment (whenever passed)" and insert ", repealing or revoking any enactment"
 

Schedule 4

 

THE LORD CHANCELLOR

115Page 70, line 33, leave out "sitting as a judge of the Crown Court"
116Page 71, line 7, at end insert—
 

""Interpretation"

117Page 71, line 17, leave out paragraph 9 and insert—
 "9      In Schedule 5 (terrorist investigations: information)—
(a)  in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after "Circuit judge" insert "or a District Judge (Magistrates' Courts)", and
(b)  in paragraphs 5(4)(a) and 7(1)(b), after "Circuit judge" insert "or the District Judge (Magistrates' Courts)"."
 

Clause 67

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS ANELAY OF ST JOHNS

118Page 31, line 17, leave out "disallow or alter" and insert "or disallow"
119Page 31, line 18, leave out subsection (4)
120Page 31, line 19, leave out "or altered"
 

THE LORD HUNT OF WIRRAL
THE LORD KINGSLAND

121Page 31, line 24, leave out from "Rules" to third "of" in line 25 and insert "shall not be made unless a draft of the instrument has been laid before and approved by a resolution of both Houses"
 

Clause 68

 

THE LORD CHANCELLOR

122Page 31, line 28, leave out from first "amend" to "to" in line 29 and insert ", repeal or revoke any enactment"
 

Clause 70

 

THE LORD CHANCELLOR

123Page 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

124Page 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 74

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS ANELAY OF ST JOHNS

125Page 34, line 33, leave out ", disallow or alter" and insert "or disallow"
126Page 34, line 34, leave out subsection (4)
127Page 34, line 35, leave out "or altered"
 

THE LORD HUNT OF WIRRAL
THE LORD KINGSLAND

128Page 34, line 40, leave out from "Rules" to third "of" in line 41 and insert "shall not be made unless a draft of the instrument has been laid before and approved by a resolution of both Houses"
 

Clause 75

 

THE LORD CHANCELLOR

129Page 35, line 2, leave out from first "amend" to "to" in line 3 and insert ", repeal or revoke any enactment"
 

Clause 80

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS ANELAY OF ST JOHNS

130Page 36, line 38, leave out ", disallow or alter" and insert "or disallow"
131Page 36, leave out lines 39 and 40
132Page 37, line 1, leave out "or altered"
 

THE LORD HUNT OF WIRRAL
THE LORD KINGSLAND

133Page 37, line 6, leave out from "Rules" to third "of" in line 7 and insert "shall not be made unless a draft of the instrument has been laid before and approved by a resolution of both Houses"

 
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7 May 2003