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"Mental Health Act 1983 (c. 20)

(1) The Mental Health Act 1983 is amended as follows.
(2) In section 52 (further provisions as to persons remanded by magistrates' courts)—
(a) in subsection (2), for "committed" there is substituted "sent",
(b) in subsection (5), for "committed" there is substituted "sent", and
(c) in subsection (6), for "committed" there is substituted "sent"."
Page 214, line 30, at end insert—


"( ) In section 62 (intimate samples), in subsection (10)—
(a) sub-paragraph (i) of paragraph (a) is omitted, and
(b) in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted "paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and"."
Page 215, line 4, at end insert—


"( ) In section 21 (interpretation), in subsection (6)(b), for "committed" there is substituted "sent"."
Page 215, line 42, at end insert—

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"Coroners Act 1988 (c. 13)

(1) The Coroners Act 1988 is amended as follows.
(2) In section 16 (adjournment of inquest in event of criminal proceedings)—
(a) in subsection (1)(b), for "charged before examining justices with" there is substituted "sent for trial for", and
(b) for subsection (8) there is substituted—
"(8) In this section, the "relevant criminal proceedings" means the proceedings—
(a) before a magistrates' court to determine whether the person charged is to be sent to the Crown Court for trial; or
(b) before any court to which that person is sent for trial."
(3) In section 17 (provisions supplementary to section 16)—
(a) in subsection (2), for "committed" there is substituted "sent", and
(b) in subsection (3)(b), for "committed" there is substituted "sent"."
Page 215, line 44, at end insert—


"( ) In section 23 (first-hand hearsay), subsection (5) is omitted.
( ) In section 24 (business etc documents), subsection (5) is omitted.
( ) In section 26 (statements in certain documents), the paragraph beginning "This section shall not apply" is omitted.
( ) In section 27 (proof of statements contained in documents), the paragraph beginning "This section shall not apply" is omitted."
Page 216, line 7, at end insert—

"Road Traffic Offenders Act 1988 (c. 53)

(1) The Road Traffic Offenders Act 1988 is amended as follows.
(2) In section 11 (evidence by certificate as to driver, user or owner), subsection (3A) is omitted.
(3) In section 13 (admissibility of records as evidence), subsection (7) is omitted.
(4) In section 16 (documentary evidence as to specimens), subsection (6A) is omitted.
(5) In section 20 (speeding offences etc), subsection (8A) is omitted."
Page 216, line 42, at end insert—


"( ) In section 21 (common law rules as to disclosure), in subsection (3), for paragraphs (b) and (c) there is substituted—
"(b) the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)),"
Page 217, line 14, at end insert—


"( ) in subsection (3), after "51" there is inserted "or 51A","
Page 218, line 9, at end insert—


"In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of "the relevant date" there is substituted—
""the relevant date" means the expiry of the period referred to in paragraph 1(1) above."
Page 218, line 18, at end insert—


"( ) In section 8 (power and duty to remit young offenders to youth courts for sentence), in subsection (2), for paragraph (a) there is substituted—
"(a) if the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, to a youth court acting for the place where he was sent to the Crown Court for trial;".
( ) In section 89 (restriction on imposing imprisonment), in subsection (2)—
(a) in paragraph (b), the words "trial or" are omitted, and
(b) in paragraph (c), after "51" there is inserted "or 51A".

30 Oct 2003 : Column 425


( ) In section 140 (enforcement of fines etc), in subsection (1)(b)—
(a) the words "was committed to the Crown Court to be tried or dealt with or by which he" are omitted, and
(b) after "51" there is inserted "or 51A"."
Page 218, line 23, at end insert—


"( ) In Schedule 11, paragraph 9 is omitted."

On Question, amendments agreed to.

[Amendment No. 69 had been re-tabled as Amendment No. 143B.]

Lord Bassam of Brighton: My Lords, I beg to move that further consideration on Report be adjourned until after Starred Questions.

Moved accordingly, and, on Question, Motion agreed to.

Lord Bassam of Brighton: My Lords, I beg to move that the House do now adjourn during pleasure.

Moved accordingly, and, on Question, Motion agreed to.

[The Sitting was suspended from 1.23 to 3 p.m.]

Hereditary Peers' By-election

The Clerk of the Parliaments: My Lords, with the leave of the House, I am now able to announce the result of the by-election to elect a hereditary Peer in accordance with Standing Order 10, following the death of Lord Milner of Leeds.

Three Lords completed valid ballot papers. A paper setting out the complete results is being made available in the Printed Paper Office and the Library. That paper gives the number of votes cast for each candidate.

The successful candidate was Lord Grantchester.

House of Lords: Access

3.1 p.m.

Lord Addington asked the Chairman of Committees:

    What steps are being taken to improve access to all areas of the House of Lords for Members and staff with mobility problems.

The Chairman of Committees (Lord Brabazon of Tara): My Lords, the House of Lords is committed to improving access for those with mobility problems and to meeting all its obligations under the Disability Discrimination Act 1995. To that end, a survey of the Palace for access and facilities is under way and the report is due in January 2004. Its recommendations will be considered by the Administration and Works Committee and by other bodies, including English Heritage.

Lord Addington: My Lords, while I thank the noble Lord for that Answer, will he tell us what consideration

30 Oct 2003 : Column 426

has been given to the large number of small flights of steps that are part of this building, and to those who have the sort of difficulty in moving that means that they need a stick or crutches—either permanently or temporarily? If those people are not taken into account, we cannot really say that we have a uniform access plan.

The Chairman of Committees: My Lords, I hope that, where possible, ramps have been installed that should assist those with mobility problems. I know that there was a recent case of access difficulties to the staff restaurant. A temporary ramp was installed, which is now being or will shortly be replaced by a permanent one.

Lord Astor of Hever: My Lords, we on these Benches want as much as possible to be done for those with mobility problems. What practical constraints are imposed on the House authorities because this building is listed Grade I?

The Chairman of Committees: My Lords, there are constraints. For example, it was at one time proposed during the restoration of Nos. 6 to 7 Old Palace Yard to install a lift. That was not allowed by English Heritage. So there are constraints as a result of the listing of this building.

Lord Campbell of Croy: My Lords, has the Chairman of Committees taken into account that ramps are helpful to wheelchairs, but not to calipers and sticks, which require a succession of shallow steps? I declare an obvious interest.

The Chairman of Committees: My Lords, we all admire the way the noble Lord manages to get about. I of course take his point on board. I should hope, if noble Lords have problems or suggestions, that they would not wait for a Starred Question to be tabled but would come to see me about them directly; we will always try to do our best.

Baroness Masham of Ilton: My Lords, what progress is being made in respect of our lovely chapel, St Mary Undercroft?


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