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

House of Lords

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Before Schedule 1

 

THE LORD CHANCELLOR

24Insert the following new Schedule—
 

"CONSTITUTION AND PROCEDURE OF COURTS BOARDS

 

Constitution

 1      The members of each courts board are to be appointed by the Lord Chancellor.
 2      Each board must have—
(a)  at least one member who is a judge,
8(b)      at least one member who is a lay justice who is assigned to a local justice area the whole or a part of which is included in the board's area,
(c)  at least two other members who are persons appearing to the Lord Chancellor to have appropriate knowledge or experience of the work of the courts in the area for which the board acts, and
(d)  at least two more members who are persons appearing to the Lord Chancellor to be representative of people living in that area,
  and may have such other members of a description mentioned in sub-paragraphs (a) to (d) as the Lord Chancellor considers appropriate.
 3      Regulations may make provision in relation to the appointment of members of courts boards, including in particular provision about the procedures to be followed in connection with appointments.
 

Chairman

 4      Regulations may make provision as to the selection of one of the members of each courts board to be its chairman.
 

Tenure of office

 5   (1)   Regulations may make provision as to—
(a)  the term of office of chairmen and members of courts boards;
(b)  their resignation, suspension or removal.
(2)      Subject to the regulations, a person is to hold and vacate office as a member of a courts board in accordance with the terms of the instrument appointing him.
 

Payments in respect of expenses, etc.

 6      The Lord Chancellor may make such payments to or in respect of members of courts boards by way of reimbursement of expenses, allowances and remuneration as he may determine.
 

Procedure

 7      Regulations may make provision about—
(a)  the procedure of courts boards (including quorum);
(b)  the validation of proceedings in the event of a vacancy among the members of a courts board or a defect in the appointment of a member.
 

Interpretation

 8      In this Schedule "regulations" means regulations made by the Lord Chancellor."
 

THE LORD PHILLIPS OF SUDBURY
[As an amendment to amendment 24]

25Line 8, leave out "one member who is a lay justice who is" and insert "two members who are lay justices who are"
 

Schedule 1

 

THE LORD CHANCELLOR

26Page 54, line 11, after "with," insert "or are otherwise attributable to"
27Page 54, line 23, at end insert—
"(   )      Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect."
28Page 54, line 26, at beginning insert "In this Part of this Schedule"
29Page 56, line 13, leave out from beginning to end of line 44 on page 57 and insert—
 

"Supplementary provisions in property transfer scheme

 8A      A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.
 

PART 2
STAFF TRANSFERS

 

Interpretation

 8B      In this Part of this Schedule—
(a)  "TUPE" means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),
(b)  "the appointed day" means the day immediately before the abolition day,
(c)  references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997 (c. 25),
(d)  references to a responsible authority's relevant functions are to its functions under that Act, and
(e)  references to a transferred employee are to an employee transferred to the Lord Chancellor's employment by virtue of paragraph 8C or 8D.
 

Application of TUPE

 8C      For the purposes of TUPE—
(a)  the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and
(b)  each such transfer is to be treated as the transfer of an undertaking.
 8D   (1)   For the purposes of TUPE—
(a)  the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,
(b)  each such transfer is to be treated as the transfer of an undertaking, and
(c)  each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.
(2)      A person falls within this sub-paragraph if—
(a)  immediately before the appointed day he is employed by the responsible authority under a contract of employment,
(b)  he spends a substantial part of his time on duties connected with the relevant functions of the authority, and
(c)  the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor's employment.
(3)      Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.
 8E      A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.
 

Restrictions on employment of aliens not to apply to transferred employees

 8F      Nothing in—
(a)  section 3 of the Act of Settlement 1700 (c. 2),
(b)  section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), or
(c)  any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,
  applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 8C or 8D.
 

Compensation for responsible authorities

 8G      The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who—
(a)  immediately before the appointed day is employed by the authority under a contract of employment, and
(b)  spends part of his time on duties connected with the relevant functions of the authority,
  but who is not transferred to the Lord Chancellor's employment by virtue of paragraph 8D.
 

PART 3
MISCELLANEOUS AND SUPPLEMENTARY"

30Page 58, line 19, leave out "person falling within paragraph 1(1)(a) or (2)" and insert "magistrates' courts committee, and each person falling within paragraph 1(2)"
31Page 58, line 21, leave out from "with" to end of line 27 and insert "—
(a)  the exercise of any powers exercisable by him in relation to a property transfer scheme, or
(b)  Part 2 of this Schedule."
 

Clause 8

 

THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE

32Page 4, line 25, at end insert—
"(   )  In making an order under subsection (2) or (4), the Lord Chancellor shall—
(a)  make provision for the continuation of the employment of those justices' clerks who are employed when this section comes into force, without imposing any requirement for a process of re-appointment; and
(b)  have regard to the importance of retaining a link between existing benches of justices and their justices' clerk."
 

Clause 10

 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

33Page 5, line 7, at end insert—
"(1A)  The Lord Chancellor shall appoint such a number of lay justices as appears to him to be appropriate for the purposes of discharging the work of the magistrates' courts.
(1B)  To assist him in discharging his duties under subsections (1) and (1A), the Lord Chancellor shall publish within six months of Royal Assent a national recruitment strategy for the recruitment of lay justices."
 

THE LORD CHANCELLOR

34Page 5, line 14, at end insert—
"(4)  Rules may make provision about the training courses to be completed before a person may exercise functions as a lay justice in any proceedings or class of proceedings specified in the rules.
(5)  Subsection (3) is subject to section (The supplemental list) (entry of names in the supplemental list)."
 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

35Page 5, line 14, at end insert—
"(   )  This section shall have effect subject to section (Greater Manchester, Merseyside and Lancashire)."
 

Clause 11

 

THE LORD CHANCELLOR

36Page 5, line 16, leave out subsections (1) to (4)
37Page 5, line 33, leave out second "or" and insert—
"(   )  on the ground of a persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chancellor, or"
 

THE LORD WADDINGTON
THE LORD HUNT OF WIRRAL

38Page 5, line 35, at end insert—
"(   )  This section shall have effect subject to section (Greater Manchester, Merseyside and Lancashire)."
 

After Clause 11

 

THE LORD CHANCELLOR

39Insert the following new Clause—
  "The supplemental list
(1)  A list, to be known as "the supplemental list", must be kept in the office of the Clerk of the Crown in Chancery.
(2)  A lay justice whose name is entered in the supplemental list is not qualified as a justice of the peace to do any act or to be a member of a committee or other body.
(3)  No act or appointment is invalidated by reason of the disqualification of a lay justice under subsection (2)."
40Insert the following new Clause—
  "Entry of names in the supplemental list
(1)  Subject to subsections (2) and (3), the name of a lay justice who has reached 70 must be entered in the supplemental list.
(2)  The name of a lay justice who, when he reaches 70, is chairman of the lay justices assigned to a local justice area need not be entered in the supplemental list until the term for which he is serving as chairman has ended.
(3)  Where—
(a)  proceedings are, or are expected to be, in progress on the day on which the lay justice reaches 70, and
(b)  the lay justice is exercising functions in those proceedings as a justice of the peace,
  the Lord Chancellor may direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.
(4)  The name of a lay justice must be entered in the supplemental list if—
(a)  he applies for it to be entered, and
(b)  the application is approved by the Lord Chancellor.
(5)  The Lord Chancellor may direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity."
41Insert the following new Clause—
  "Removal of names from the supplemental list
(1)  A person's name must be removed from the supplemental list if he ceases to be a justice of the peace.
(2)  A person's name must be removed from the supplemental list if—
(a)  his name is in the list as a result of section (Entry of names in the supplemental list)(4) or (5), and
(b)  the Lord Chancellor directs its removal."

 
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©Parliamentary copyright 2003
8 May 2003