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

House of Lords

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Clause 86

 

THE LORD CHANCELLOR

143Leave out Clause 86 and insert the following new Clause—
"Extension of time for appeals from Courts-Martial Appeal Court
(1)  Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (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 the Court" substitute "relevant date".
(3)  After subsection (1) insert—
    "(1A)  In subsection (1), "the relevant date" means—
    (a)  the date of the Appeal Court's decision, or
    (b)  if later, the date on which the Court gives reasons for its decision.""
 

Clause 87

 

THE LORD HUNT OF WIRRAL
THE BARONESS ANELAY OF ST JOHNS

144Page 42, line 8, at end insert "and should only seek to recover the recurrent running costs of the courts"
145Page 42, line 8, at end insert—
"(   )  An order under subsection (1) above shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
 

Clause 88

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

146Page 42, line 26, at end insert—
    "(   )  make provision for ordering third party costs against the prison service or any security firm for failure to deliver prisoners to the court on time, or at all"
 

After Clause 88

 

THE LORD CHANCELLOR

147Insert the following new Clause—
"Award of costs in appeals under Proceeds of Crime Act 2002
(1)  Amend the Proceeds of Crime Act 2002 (c. 29) as follows.
(2)  In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—
    "(4)  Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—
    (a)  section 43(1) or (2) (appeals against orders made in restraint proceedings), or
    (b)  section 65 (appeals against, or relating to, the making of receivership orders),
      are in the discretion of the court.
    (5)  Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
    (6)  The court shall have full power to determine by whom and to what extent the costs are to be paid.
    (7)  In any proceedings mentioned in subsection (4), the court may—
    (a)  disallow, or
    (b)  (as the case may be) order the legal or other representative concerned to meet,
      the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91.
    (8)  In subsection (7) "wasted costs" means any costs incurred by a party—
    (a)  as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
    (b)  which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
    (9)  "Legal or other representative", in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf."
(3)  Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.
(4)  In section 91 (Crown Court Rules) after "Crown Court Rules" insert "or (as the case may be) Criminal Appeal Rules"."
 

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."
149Page 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".

 
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©Parliamentary copyright 2003
9 May 2003