House of Lords
Session 2002 - 03
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Minutes and Order Papers

Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Lunae 3° Novembris 2003

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1.  Regina v. Secretary of State for the Home Department (Appellant) ex parte Uttley (Respondent) (England)—The appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th December next (lodged 30th October).

2.  JD (FC) (Petitioner) v. East Berkshire Health Authority (Respondents) and two other actions (FC)—The petition of JD, MAK, RK and AK praying for leave to appeal was presented and referred to an Appeal Committee. The certificates of public funding of JD, MAK, RK and AK were lodged (lodged 30th October).

3.  Jones (Respondent) v. Friends’ Provident Life Office (Petitioners) (Northern Ireland)—The petition of Friends’ Provident Life Office praying for leave to appeal was presented and referred to an Appeal Committee.

4.  Regina v. Bow Street Magistrates’ Court and another (Petitioner) ex parte Lloyd (Respondent)—The petition of the Director of Public Prosecutions praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 28th October).

5.  In re Liddy (AP) (Petitioner) (Northern Ireland)—The petition of Malachy Daniel Liddy praying for leave to appeal in accordance with the Judicature (Northern Ireland) Act 1978 was presented and referred to an Appeal Committee (lodged 29th October).

6.  Sirius International Insurance Company (Publ) (Appellants) v. FAI General Insurance Limited and others (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 29th October).

7.  Appeal Committee—The 87th Report from the Appeal Committee was agreed to and the following Orders were made—

    Rudd (Valuation Officer) (Respondent) v. Cinderella Rockerfellas Limited (Petitioners)—That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Her Majesty’s Commissioners of Customs and Excise (Petitioners) v. Electronic Data Systems Limited (Respondents)—That the respondents be invited to lodge objections by 17th November next.

    Thames Trains Limited (Respondents) v. Health and Safety Executive (Petitioners)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

    Regina v. Secretary of State for the Home Department (Respondent) ex parte Bloggs 61 (Petitioner)—That the respondent be invited to lodge objections by 17th November next.

    In re C (children)—That leave to appeal be refused.

    Fytche (Petitioner) v. Wincanton Logistics plc (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 17th November next.

    Mattis (Respondent) v. Pollock (t/a Flamingos Nightclub) (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Papers

8.  Statutory Instruments (Standing Order 71)—The following negative instruments, having been laid before the House on 31st October, were ordered to lie on the Table:

    1.  Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003, laid under the School Standards and Framework Act 1998;    (2751)

    2.    (i)  Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003—    (2764)

      (ii)  Trade in Goods (Control) Order 2003—  (2765)

      laid under the Export Control Act 2002.

9.  Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Telephone Number Exclusion (Domain Names and Internet Addresses) Order 2003, laid under the Communications Act 2003, together with an Explanatory Memorandum.

Private Business

10.  Transas Group Bill—The bill was read a second time and committed to an Unopposed Bill Committee.

Public Business

11.  Health and Social Care (Community Health and Standards) Bill—It was moved by the Lord Warner that the amendments for the Report stage be marshalled and considered in the following order:

Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 to 25
Schedule 3
Clauses 26 to 34
Schedule 4
Clauses 35 to 37
Schedule 5
Clauses 38 to 40
Schedule 6
Clause 41
Schedule 7
Clause 42

Schedule 8
Clauses 43 to 143
Schedule 9
Clauses 144 to 146
Schedule 10
Clauses 147 to 180
Schedule 11
Clauses 181 to 183
Schedule 12
Clauses 184 to 186
Schedule 13
Clauses 187 to 192
Schedule 14
Clauses 193 to 198;

    the motion was agreed to.

12.  Waste and Emissions Trading Bill [HL]—The Commons amendments were considered and agreed to.

13.  Anti-social Behaviour Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; amendments were disagreed to (see division lists 1 to 4); it was ordered that the bill be printed as amended. (HL Bill 116)

The House was adjourned during pleasure.

The House was resumed.

14.  Fire Services Bill—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 5 and 6); then the bill was passed and returned to the Commons with amendments.

The House was adjourned at twenty-two minutes past midnight

in the morning of Tuesday 3rd November

till later the same day, half-past two o’clock in the afternoon.

PAUL HAYTER

  Clerk of the Parliaments

CORRECTION

In Division No. 3 on Thursday 30th October on the Criminal Justice Bill, B. Anelay of St Johns should have been recorded as voting Not-content.

 
 
 
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Prepared: 4 november 2003