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Amendments to the Courts Bill [HL]

Courts Bill [HL]


SECOND
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 67 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 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 CHANCELLOR

120A*Page 31, line 24, at beginning insert "Subject to subsection (7),"
 

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"
 

THE LORD CHANCELLOR

121A*Page 31, line 25, at end insert—
"(7)  A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a)."
 

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 CHANCELLOR

127A*Page 34, line 40, at beginning insert "Subject to subsection (7),"
 

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"
 

THE LORD CHANCELLOR

128A*Page 34, line 41, at end insert—
"(7)  A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a)."
 

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 CHANCELLOR

132A*Page 37, line 6, at beginning insert "Subject to subsection (7),"
 

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"
 

THE LORD CHANCELLOR

133A*Page 37, line 7, at end insert—
"(7)  A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a).""
 

Clause 81

 

THE LORD CHANCELLOR

134Page 37, line 14, at end insert "; and accordingly section 76(4) of the 1981 Act ceases to have effect."
 

Clause 82

 

THE LORD CHANCELLOR

135Page 37, line 18, at end insert—
"(   )  In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—
    "(d)  to make orders under section 23(1)(a).",
  and, at the end of paragraph (b), omit "and"."
136Page 37, line 19, leave out subsection (2) and insert—
"(2)  After section 31A of the 1968 Act insert—
    "31BProcedural directions: powers of single judge and registrar
    (1)  The power of the Court of Appeal to determine an application for procedural directions may be exercised by—
    (a)  a single judge, 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,
      to which this section applies.
    (3)  A single judge 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.
    (5)  This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—
    (a)  this Part,
    (b)  section 9 of the Criminal Justice Act 1987, or
    (c)  section 35 of the Criminal Procedure and Investigations Act 1996.
    31CAppeals against procedural directions
    (1)  Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.
    (2)  The Court of Appeal may, on an application to it under subsection (5)—
    (a)  confirm, set aside or vary any procedural directions given by the single 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 single judge 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)  a respondent, if the directions—
    (i)  relate to an application for leave to appeal and appear to need the respondent's assistance to give effect to them,
    (ii)  relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
    (iii)  relate to an appeal.
    (6)  In this section—
     "appellant" includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);
     "respondent" includes a person who will be a respondent if leave to appeal is granted.""
137Page 38, line 25, leave out "Section 31ZA of the 1968 Act applies" and insert "Sections 31B to 31C of the 1968 Act apply"
 

Clause 83

 

THE LORD CHANCELLOR

138Leave out Clause 83 and insert the following new Clause—
"Extension of time for criminal appeals to House of Lords
(1)  Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to House of Lords) as follows.
(2)  In subsection (1)—
(a)  for "fourteen" (in both places) substitute "28", and
(b)  for "date of the decision of that court" substitute "relevant date".
(3)  After subsection (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 34 of the 1968 Act (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.""
 

Clause 85

 

THE LORD CHANCELLOR

139Page 39, line 33, leave out "(2)" and insert "(1)"
140Page 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"."
141Page 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.""
142Page 40, line 30, leave out "Section 36ZA of that Act applies" and insert "Sections 36B to 36C of that Act apply"

 
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©Parliamentary copyright 2003
9 May 2003