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

House of Lords

back to previous amendments

 

Clause 92

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

148Page 44, line 21, at end insert—
    "(   )  Periodical payments shall, unless the court otherwise directs, be increased or decreased in accordance with the Retail Price Index."
149*Page 44, line 24, at end insert—
    "(2A)  A court which awards damages for personal injury in respect of the future cost of medicinal care and treatment wholly or partly in the form of periodical payments may order that the payments may be increased at a rate not exceeding increases in the cost from time to time of such care and treatment.
    (2B)  If as a result of an order made under subsection (2A) the amount of any periodical payment exceeds the amount which would have been payable if the payment had been increased by the same proportion as the increase in the Retail Price Index since the date of the original order for periodical payments, the excess shall be defrayed out of monies provided by Parliament."
 

THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

150Page 46, line 16, leave out from beginning to end of line 13 on page 47
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

151Page 46, line 19, at end insert—
"(   )  But no order may be made under subsection (1) authorising an increase of periodical payments unless in the proceedings in which the payments were originally ordered—
(a)  it was proved or admitted that there was a chance that at some definite or indefinite time in the future the injured person would, as result of the act or omission which gave rise to the case of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition; and
(b)  the court assessed the periodical payments on the assumption that the injured person would not develop the disease or suffer the deterioration in his condition."
 

THE BARONESS FINLAY OF LLANDAFF

152Page 46, line 19, at end insert—
"(   )  An order under subsection (1) may not apply to injuries that occurred prior to the date on which sections 2, 2A and 2B came into force."
 

THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

153Page 46, line 27, after "may" insert "only"
154Page 46, leave out lines 34 to 37
155Page 46, leave out lines 38 and 39
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

156Page 46, line 39, leave out "or amend"
 

Clause 94

 

THE LORD CHANCELLOR

157Page 50, line 13, leave out "or repealing any enactment (whenever passed)" and insert ", repealing or revoking any enactment"
 

After Clause 96

 

THE LORD CHANCELLOR

158Insert 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.""
159Insert 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

160Page 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

161Page 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)."
 

THE BARONESS ANELAY OF ST JOHNS

162Page 52, line 13, after "under" insert "section 4(4A) or"
163Page 52, line 13, after "under" insert "section 4(5) or"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

164Page 52, line 21, leave out paragraph (a)
 

THE LORD CHANCELLOR

165Page 52, line 21, at end insert "or"
166Page 52, line 23, leave out from "officers)" to end of line 24
 

Clause 99

 

THE LORD CHANCELLOR

167Page 53, line 11, leave out paragraph (b) and insert—
"(b)  amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed."
168Page 53, line 16, leave out subsection (6)
 

Schedule 6

 

THE LORD CHANCELLOR

169Page 76, line 29, after "omit" insert "—
(a)  "under the hand and seal", and
(b)  "
170Page 77, line 13, at end insert—
 

"Ordnance Survey Act 1841 (c. 30)

      In section 2 (dispute as to damage caused during survey)—
(a)  for "by any two or more justices in petty sessions assembled of the place in which the lands, grounds, heritages, or trees may be situate" substitute "by a magistrates' court", and
(b)  for "the justices, may appeal" substitute "the magistrates' court, may appeal".
 

Railway Regulation Act 1842 (c. 55)

(1)      In section 17 (punishment of persons employed on railways guilty of misconduct)—
(a)  for "before some justice of the peace for the place within which such offence shall be committed" substitute "before a magistrates' court",
(b)  for "such justice as aforesaid (who is hereby authorised and required, upon complaint to him made, without information in writing, to take cognizance thereof, and to act summarily in the premises), in the discretion of such justice," substitute "a magistrates' court,"
(c)  omit ", in the like discretion of such justice, shall",
(d)  for "as such justice shall appoint" substitute "as a magistrates' court shall appoint", and
(e)  omit the words from "and every such penalty" to the end.
(2)      This paragraph extends only to England and Wales.
 

Defence Act 1842 (c. 94)

(1)      In section 24 (compensation for damage caused by temporary buildings), omit "of the county, riding, city, or place".
(2)      This paragraph extends only to England and Wales."
171Page 77, line 15, leave out paragraph 11 and insert—
"(1)      Amend section 24 (proceedings with respect to licences on quitting service) as follows.
(2)      Re-number the existing provision subsection (1).
(3)      In that subsection—
(a)  for "any time not exceeding" substitute "a time which, excluding any day mentioned in subsection (2), does not exceed",
(b)  for "the magistrates' court for the petty sessions area in which the said proprietor shall dwell" substitute "a magistrates' court",
(c)  for "at the time of applying" substitute "when applying",
(d)  for "justices' chief executive for such" substitute "designated officer for the",
(e)  for "twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit," substitute "that time", and
(f)  for "at the same magistrates' court" substitute "to a magistrates' court".
(4)      After that subsection insert—
    "(2)      The days are—
    (a)  Saturday or Sunday;
    (b)  Christmas Day or Good Friday;
    (c)  a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).""
172Page 77, line 21, at end insert—
 

"Companies Clauses Consolidation Act 1845 (c. 16)

 11A      In section 3 (interpretation), omit the words from "The word "justice"" to "acting together in petty sessions".
 11B      In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from "before a justice" to "and such declaration" substitute "before a justice or a person authorised to administer oaths; and such declaration".
 11C      In section 33 (evidence as to forfeiture of shares), for the words from "before any justice" to "that the call" substitute "before any justice or a person authorised to administer oaths, that the call".
 11D      Paragraphs 11A to 11C extend only to England and Wales.
 

Lands Clauses Consolidation Act 1845 (c. 18)

 11E   (1)   In section 3 (interpretation), omit the words from "The word "justices"" to "acting together".
(2)      This paragraph extends only to England and Wales.
 

Railway Clauses Consolidation Act 1845 (c. 20)

 11F      In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
 11G      In section 11 (limiting deviation from datum line described on sections, etc.)—
(a)  for "in petty sessions assembled for that purpose, and acting for the district" substitute "acting in the local justice area", and
(b)  for the words from "every petty sessions" to "holding of such petty sessions" substitute "every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing".
 11H      In section 46 (crossings of roads—level crossings), omit "in petty sessions".
 11I      In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)—
(a)  for "fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made" substitute "at least 14 days before the application is intended to be made",
(b)  for "acting for the district" substitute "acting in the local justice area", and
(c)  omit ", and assembled in petty sessions,".
 11J      Paragraphs 11F to 11I extend only to England and Wales.

 
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7 May 2003