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Amendments to the Courts Bill [HL]

Courts Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


      The amendments have been marshalled in accordance with the Order of 6th May 2003, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART

1Page 3, line 23, at beginning insert "Subject to subsection (6A),"
 

THE BARONESS ANELAY OF ST JOHNS

2Page 3, line 23, at end insert—
"(2A)  Before the Lord Chancellor specifies areas by an order under subsection (2) he shall consult the chairman and deputy chairman of lay justices in all local justice areas in England and Wales."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART

3*Page 3, line 33, at end insert—
"(6A)  When making an order under subsection (2) the Lord Chancellor shall have regard to the desirability of ensuring that the areas specified in the order are coterminous with—
(a)  those for the time being established under Schedule 1 to the Police Act 1996 (c. 16), and
(b)  the area comprising the Metropolitan Police District and the City of London police area."
 

Clause 5

 

THE LORD CHANCELLOR

4Page 4, line 4, leave out "provided" and insert "made"
5Page 4, line 6, leave out from "board" to "written" in line 7 and insert "under subsection (1) as a result of the board's consideration of a final business plan, he must give the board his"
 

THE BARONESS ANELAY OF ST JOHNS

6Page 4, line 14, leave out subsections (5) and (6) and insert—
"(5)  The Lord Chancellor must make regulations about the way in which boards should carry out their functions under subsection (1).
(6)  The regulations may in particular contain provisions—
(a)  about the procedures to be followed in connection with draft and final business plans;
(b)  conferring on the boards functions supplementing their functions under subsection (1)."
7Page 4, line 15, at end insert—
"(5A)  Before the Lord Chancellor prepares guidance under subsection (5) or revised guidance under subsection (7) he shall consult the chairman and deputy chairman of lay justices in all local justice areas in England and Wales."
 

THE LORD CHANCELLOR

8Page 4, line 19, leave out paragraph (b)
 

THE BARONESS ANELAY OF ST JOHNS

9Page 4, leave out line 22 and insert—
  "regulations and revoke previous regulations"
10Page 4, line 23, leave out "Guidance" and insert "Regulations"
11Page 4, line 23, leave out "must be" and insert "shall be made by statutory instrument and"
 

Clause 8

 

THE LORD CHANCELLOR

12Page 5, line 23, leave out "court administration council" and insert "courts board"
13Page 5, line 30, leave out "or" and insert—
"(   )  the Common Council of the City of London, or"
 

Clause 30

 

THE LORD CHANCELLOR

14Page 14, line 16, leave out "locally accesible by" and insert "accessible to"
 

After Clause 31

 

THE BARONESS SECCOMBE

15Insert the following new Clause—
  "Training
(1)  The Lord Chancellor may provide guidance as to the training of a fines officer.
(2)  Guidance provided in accordance with subsection (1) shall be published—
(a)  before the pilot scheme regarding fines officers is established, and
(b)  after consultation with such persons as the Lord Chancellor may deem appropriate."
 

Clause 41

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

16Page 20, line 28, leave out subsection (5)
 

Clause 42

 

THE LORD GOODHART
THE BARONESS ANELAY OF ST JOHNS

17Page 21, line 4, after "2002" insert "or after the coming into force of this section"
 

Clause 60

 

THE LORD HUNT OF WIRRAL

18Page 28, line 30, at end insert—
"(   )  The report made under subsection (1) shall highlight best practice and catalogue inefficiencies in the discharge of the functions of the Inspectorate."
 

Clause 70

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

19Page 33, line 22, at end insert—
"(   )  Persons appointed under subsection (2) shall be appointed for a fixed period of three years and shall be eligible for reappointment for one future period of three years."
 

Clause 77

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

20Page 37, line 10, at end insert—
"(   )  Persons appointed under subsection (2) shall be appointed for a fixed period of three years and shall be eligible for reappointment for one future period of three years."
 

Clause 93

 

THE LORD HUNT OF WIRRAL
THE LORD GOODHART

21*Page 45, line 34, leave out "(whether or not constituting a contempt of court)" and insert "constituting a contempt of court"
22*Page 45, line 35, at end insert—
"(   )  that misconduct has caused substantial prejudice to the administration of justice in those criminal proceedings, such that it has been frustrated or rendered impracticable, and
(   )  the criminal proceedings have thereby been significantly delayed or abandoned, and"
 

Clause 98

 

THE LORD CHANCELLOR

23Page 49, line 41, at end insert—
"(8)  An order for periodical payments shall be treated as providing for the amount of payments to vary by reference to the retail prices index (within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988 (c. 1)) at such times, and in such a manner, as may be determined by or in accordance with Civil Procedure Rules.
7(9)  But an order for periodical payments may include provision—
(a)  disapplying subsection (8), or
(b)  modifying the effect of subsection (8)."
 

THE LORD HUNT OF WIRRAL
[As an amendment to amendment 23]

24*Line 7, after "may" insert "in exceptional circumstances or by agreement between the parties"
 

THE LORD CHANCELLOR

25Page 50, line 9, leave out paragraphs (a) and (b)
 

Clause 99

 

THE LORD CHANCELLOR

26Page 53, line 38, leave out subsection (4) and insert—
"(4)  Where an individual who has a right to receive periodical payments becomes bankrupt—
(a)  the payments shall be treated for the purposes of the bankruptcy as income of the bankrupt (but without prejudice to section 329AA of the Income and Corporation Taxes Act 1988 (c. 1)),
(b)  neither the right to receive periodical payments, nor any property or arrangement designed to protect continuity of the periodical payments, shall form part of the bankrupt's estate for the purposes of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
(c)  an income payments order may not be made in respect of any part of the periodical payments identified (in the order or agreement under which the payments are made) as relating wholly to expenditure likely to be incurred by or for the individual as a result of the personal injury concerned,
(d)  nothing in section 2 of the Damages Act 1996 (c. 48) shall prevent a court from making an income payments order (subject to paragraph (c)), and
(e)  nothing in section 2 of that Act shall prevent entry into an income payments agreement.
(5)  In subsection (4)—
 "bankrupt" has the meaning given by section 381 of the Insolvency Act 1986 (c. 45) or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
 "income payments agreement" means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland,
 "income payments order" means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and
 "periodical payments" means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by—
(a)  an order of a court made in reliance on section 2 of the Damages Act 1996 (c. 48) (including an order as varied), or
(b)  an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
(6)  In this section—
(a)  subsections (1) to (3) shall extend to the whole of the United Kingdom, and
(b)  subsections (4) and (5) shall extend only to England and Wales and Northern Ireland."
 

Schedule 1

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

27Page 60, line 20, leave out from "particular" to end of line 21 and insert "regulations to give effect to any code of practice or other guidance published by the Office of the Commissioner for Public Appointments"
 

Schedule 3

 

THE LORD GOODHART
THE BARONESS SECCOMBE

28Page 68, line 32, after "date" insert "of the delivery to him"
29Page 69, line 20, after "date" insert "of the delivery to him"
30Page 69, line 31, after "date" insert "of the delivery to him"
31Page 70, line 20, after "date" insert "of the delivery to him"
 

THE BARONESS SECCOMBE

32Page 70, line 39, after "except" insert "by a court and"
 

THE LORD GOODHART
THE BARONESS SECCOMBE

33Page 71, line 23, leave out "within 10 working days"
34Page 73, line 41, at end insert—
 

"Delivery of a notice

 22A      Fines collection regulations may specify when a notice under paragraph 7, 10, 11 or 15 is deemed to have been delivered to P."
35Page 73, line 41, at end insert—
 

"Extension of time

 22B      The period of 10 working days specified in paragraph 8, 10, 11 or 15 may on an application by P (whether made before or after the expiration of that period) be extended by a magistrates' court."
 

Schedule 7

 

THE BARONESS ANELAY OF ST JOHNS

36Page 92, line 40, after "Wales" insert "within 12 nautical miles of the coast"
37Page 93, line 2, after "projects" insert "within the boundaries designated by statutory instrument"

 
 
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©Parliamentary copyright 2003
19 May 2003