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

House of Lords

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"Betting and Gaming Duties Act 1981 (c. 63)

      In paragraph 15(4A) of Schedule 1 (betting duties: notification of forfeiture and cancellation of betting office licence), in paragraph (a) of the definition of "proper officer of the court", for "justices' chief executive" substitute "designated officer".
      In paragraph 15(3)(a) of Schedule 4 (gaming machine licence duty: registers of permits), for "for a petty sessions area, the chief executive to the justices" substitute "in a local justice area, the designated officer for the committee"."
238Page 94, line 38, at end insert—
 

"Administration of Justice Act 1982 (c. 53)

      In section 23(6)(a) (fees for deposit of wills), for "section 130 of the Supreme Court Act 1981" substitute "section 87 of the Courts Act 2003.""
239Page 97, line 21, at end insert—
      "In section 81(1) and (2) (advance notice of expert evidence in Crown Court), for "Crown Court Rules" substitute "Criminal Procedure Rules"."
240Page 97, line 29, at end insert—
"(   )      Omit subsection (5)."
241Page 97, line 37, leave out paragraph 166 and insert—
"(1)      Amend section 23 (discontinuance of proceedings in magistrates' courts) as follows.
(2)      In subsections (3), (7) and (8), for "justices' chief executive for" substitute "designated officer for".
(3)      In subsection (10), for "rules made under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules"."
242Page 101, line 24, at end insert—
      "In section 7(3) (rules as to service of documents), for "Rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules"."
243Page 101, line 32, at end insert—
      "In section 13(5)(a) (return to foreign states - supplementary), for "rules under section 84 of the Supreme Court Act 1981" substitute "Criminal Procedure Rules".
      In section 14(2) (simplified procedure)—
(a)  for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules", and
(b)  for the words from "without" to "include power to" substitute "those rules may"."
244Page 101, line 41, at end insert—
"(   )      In paragraph 9(2), for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules"."
245Page 102, line 3, at end insert—
"(1)      In paragraph 5 of Schedule 1A (adaptation of Act where 1995 Convention applies), amend inserted section 14A as follows.
(2)      In subsection (4), for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules".
(3)      In subsection (5)—
(a)  for the words from "Without" to "includes power to" substitute "Criminal Procedure Rules may", and
(b)  for "a Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him" substitute "a District Judge (Magistrates' Courts) designated by the Lord Chancellor"."
246Page 102, line 5, leave out paragraph 203 and insert—
(1)      Amend section 7 (disqualification for membership of scheme) as follows.
(2)      In subsection (7)(b), for "justices' chief executive for" substitute "designated officer for".
(3)      In subsection (10), omit paragraph (c) and the word "and" preceding it."
247Page 102, line 11, leave out paragraph 205 and insert—
"(1)      Amend section 18 (information) as follows.
(2)      In subsection (1), for "justices' chief executive for" substitute "designated officer for".
(3)      In subsection (2), for "clerk of" substitute "designated officer for".
(4)      Omit subsection (4)."
248Page 102, line 22, at end insert—
"(1)      Amend section 97 (privacy for children involved in certain proceedings) as follows.
(2)      In subsection (1), for "Rules made under section 144 of the Magistrates' Courts Act 1980" substitute "Family Procedure Rules".
(3)      Omit subsection (7)(a).
(1)      Amend paragraph 6A of Schedule 1 (variation of orders for periodical payments etc. made by magistrates' courts) as follows.
(2)      In sub-paragraph (2), for "the clerk to the justices for the petty sessions area for which the court is acting" substitute "a magistrates' court acting in the same local justice area as the court which made the order".
(3)      In sub-paragraph (3)—
(a)  for "the clerk" substitute "a justices' clerk", and
(b)  for "to the justices' chief executive for the court" substitute "to the designated officer for the court".
(4)      In sub-paragraph (9), for "the clerk to the justices" substitute "a justices' clerk".
      In paragraph 10(6) of Schedule 1 (jurisdiction to hear application for alteration of maintenance agreement), for "at least one of the parties is resident in the commission area for which the court is appointed" substitute "the court acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident"."
249Page 103, line 12, at end insert—
      "In section 10(2) (family proceedings in magistrates' courts), for "Rules made under section 144 of the Magistrates' Courts Act 1980" substitute "Family Procedure Rules"."
250Page 103, leave out lines 29 to 34 and insert—
"(a)  in subsections (5)(c) and (9), for "the clerk to the justices for the petty sessions area for which the court is acting" substitute "a justices' clerk",
(b)  in subsections (5) and (11), for "to the justices' chief executive for the court" substitute "to the designated officer for the court", and
(c)  in subsection (15), for the definition of "court" substitute—
      ""court" (where it occurs other than in the expression       "magistrates' court") means in England and Wales a       magistrates' court, and in Scotland the sheriff;".
      In section 121(1) (unpaid contributions - supplementary)—
(a)  in paragraph (a), for "rules under section 144 of that Act" substitute "Criminal Procedure Rules", and
(b)  in paragraph (b), for "justices' chief executive for" substitute "designated officer for"."
251Page 103, line 36, at end insert—
 

"Friendly Societies Act 1992 (c. 40)

      For section 110 (jurisdiction of magistrates' courts) substitute—
    "110Jurisdiction of magistrates' courts in Northern Ireland
    (1)      In Northern Ireland, a friendly society or an officer of a friendly society may be prosecuted for a summary offence under this Act before a magistrates' court acting for the county court division in which the registered office of the society is situated.
    (2)      Subsection (1) is without prejudice to the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as to the jurisdiction of a magistrates' court.""
    252Page 104, line 16, at end insert—
     

    "Vehicle Excise and Registration Act 1994 (c. 22)

          In—
    (a)  section 51(3)(b)(i) (meaning of "appropriately proved"), and
    (b)  section 55(2)(a)(ii) (meaning of "appropriately proved"),
      for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules"."
    253Page 104, line 20, at end insert—
     

    "Drug Trafficking Act 1994 (c. 37)

          In section 55(7) (power to make rules about orders under section 55), for "Crown Court Rules" substitute "Criminal Procedure Rules"."
    254Page 105, line 15, at end insert—
     

    "Criminal Procedure and Investigations Act 1996 (c. 25)

    (1)      Amend section 19 (rules of court) as follows.
    (2)      In subsection (1), for the words from the beginning to "sections" substitute "The power to make Criminal Procedure Rules".
    (3)      In subsection (3), for "Rules made under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules made".
          In section 20(3) (rules as to disclosure), for the words from "Without" to "that section" substitute "The power to make Criminal Procedure Rules".
          In section 33 (Crown Court Rules)—
    (a)  in subsections (1) and (2), for "Crown Court Rules" substitute "Criminal Procedure Rules", and
    (b)  for the section heading, substitute "Criminal Procedure Rules".
          In paragraph 4 of Schedule 2 (rules about statements and depositions), for the words from "Without prejudice" to "includes power to" substitute "Criminal Procedure Rules may".
          In paragraph 13(2) of Schedule 4 (modification of section 20(3) in relation to Northern Ireland), for "that section" substitute "Rules"."
    255Page 105, line 19, at end insert—
          "In each of the following provisions, for "rules of court" substitute "Criminal Procedure Rules"—
    (a)  section 20(6) (applications about special measures directions);
    (b)  section 27(4)(b) (video recorded evidence in chief);
    (c)  section 28(2) and (4) (video recorded cross-examination or re-examination);
    (d)  section 29(3) and (5) (examination of witness through intermediary);
    (e)  section 37(5) (applications about directions under section 36);
    (f)  section 38(6) and (7) (defence representation for purposes of cross-examination);
    (g)  section 43(3) (procedure on applications under section 41);
    (h)  section 65(1) (power to make rules for purposes of Act)."
    256Page 105, line 20, at end insert—
          "In section 44(11) (restrictions on reporting of offences), for "rules of court" substitute "Criminal Procedure Rules in England and Wales, or rules of court in Northern Ireland".
          Omit section 65(2) (meaning of "rules of court")."
    257Page 105, line 29, at end insert—
    "(1)      Amend Schedule 5 (terrorist investigations: information) as follows.
    (2)      In paragraph 10(2), for "Crown Court Rules" substitute "Criminal Procedure Rules".
    (3)      In paragraph 18, after paragraph (d) insert—
      "(dd)  the reference in paragraph 10(2) to "Criminal Procedure Rules" shall be taken as a reference to Crown Court Rules,".
          (1)   Amend paragraph 4 of Schedule 6 (procedure on application for provision of financial information) as follows.
      (2)      In sub-paragraph (1), for "Crown Court Rules" substitute "Criminal Procedure Rules".
      (3)      After sub-paragraph (2) insert—
        "(3)      Crown Court Rules may make provision about the procedure for an application under paragraph 1.""
        258Page 106, line 28, leave out "for" substitute "designated officer for"" and insert "for the petty sessions" substitute "designated officer for the local justice""
        259Page 106, line 30, leave out "executive" substitute "designated officer"" and insert "executive for a petty sessions" substitute "designated officer for a local justice""
        260Page 107, line 1, at end insert—
              "In—
        (a)  section 7(3) (form of consent to surrender), and
        (b)  section 13(3) (form of waiver of right to review),
          for "rules under section 144 of the Magistrates' Courts Act 1980 (c. 43)" substitute "Criminal Procedure Rules"."
        261Page 107, line 3, at end insert—
              "In paragraph 5(2) of Schedule 5 (orders under Part 1), after "by" insert "Criminal Procedure Rules or, in Northern Ireland,".

 
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9 May 2003