House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 31 October 2011
3773

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Simon Hughes

Tom Brake

Mike Crockart

148

Page  21,  line  7,  leave out Clause 26.

Secretary Kenneth Clarke

1

Page  24,  line  26  [Clause  32],  after ‘conviction’, insert ‘—

(i)
in England and Wales, to imprisonment for a term not exceeding

12 months or a fine not exceeding the statutory maximum (or

both), and

(ii)
in Northern Ireland’.

Secretary Kenneth Clarke

2

Page  24,  line  35  [Clause  32],  at end insert—

‘( )
In relation to an offence under this section committed before the commencement

of section 154(1) of the Criminal Justice Act 2003, the reference in subsection

(4)(b)(i) to 12 months has effect as if it were a reference to 6 months.’.

Secretary Kenneth Clarke

25

Page  28,  line  18  [Clause  38],  leave out ‘modify’ and insert ‘amend or repeal a

provision of’.

Secretary Kenneth Clarke

26

Page  28,  line  35  [Clause  39],  after ‘regulations’ insert ‘(except in Schedule

[Northern Ireland: information about financial resources])’.

Secretary Kenneth Clarke

27

Page  28,  line  37  [Clause  39],  at end insert ‘(except in Schedule [Northern Ireland:

information about financial resources])’.

Kate Green

Mrs Madeleine Moon

69

Page  130,  line  36  [Schedule  4],  at end insert—

‘(3A)
A transfer scheme shall make pension provision and compensation provision for

and in respect of persons who become employed in the civil service of the State

under paragraph 1 which is at least as favourable as the pension provision and

Consideration of Bill: 31 October 2011
3774

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

compensation provision applicable to them immediately before they ceased to be

employees of the Legal Services Commission.’.

Secretary Kenneth Clarke

64

Page  131,  line  8  [Schedule  4],  at end insert—

  ‘(6A)
A transfer scheme may, so far as is necessary for giving effect to that scheme,

provide that an enactment that applies in relation to compensation schemes or

occupational pension schemes applies to a compensation scheme or

occupational pension scheme that is the subject of the transfer scheme, the

members of such a scheme or the transferee with modifications specified in the

transfer scheme.

    (6B)
A transfer scheme may—

(a)
amend or otherwise modify a compensation scheme that is the subject

of the transfer scheme, and

(b)
create, modify or remove rights, powers, duties or liabilities under or

in connection with such a scheme.

    (6C)
The power under sub-paragraph (6B) includes power to amend or otherwise

modify any instrument relating to the constitution, management or operation

of a compensation scheme.

    (6D)
Transfer schemes amending or otherwise modifying a compensation scheme

have effect in spite of any provision (of any nature) which would otherwise

prevent or restrict the amendment or modification.

    (6E)
A transfer scheme may include consequential, incidental, supplementary,

transitional, transitory and saving provision.’.

Kate Green

71

Page  131,  line  9  [Schedule  4],  at end insert—

‘“compensation provision” means the provision of compensation under a

compensation scheme;’.

Kate Green

70

Page  131,  line  14  [Schedule  4],  at end insert—

‘“pension provision” means the provision of pension and other benefits

under an occupational pension scheme;’.

Secretary Kenneth Clarke

65

Page  131,  line  15  [Schedule  4],  at end insert—

‘Power to merge LSC occupational pension schemes

4A  (1)
The Lord Chancellor may make a scheme providing for the merger of LSC

occupational pension schemes.

      (2)
A scheme under this paragraph may in particular—

(a)
provide for the assets and liabilities of one LSC occupational pension

scheme to become assets and liabilities of another,

Consideration of Bill: 31 October 2011
3775

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
create, modify or remove rights, powers, duties or liabilities under or

in connection with an LSC occupational pension scheme,

(c)
provide for the winding up of an LSC occupational pension scheme,

(d)
provide for references to one LSC occupational pension scheme in a

document, including an enactment, to have effect as references to

another, and

(e)
include consequential, incidental, supplementary, transitional,

transitory and saving provision.

      (3)
A scheme under this paragraph may in particular amend or otherwise

modify—

(a)
the trust deed of an LSC occupational pension scheme,

(b)
rules of an LSC occupational pension scheme, and

(c)
any other instrument relating to the constitution, management or

operation of an LSC occupational pension scheme.

      (4)
A scheme under this paragraph must ensure that the merger of the LSC

occupational pension schemes does not, to any extent, deprive members of the

LSC occupational pension schemes, or other beneficiaries under those

schemes, of rights that accrue to them under those schemes before the merger

takes effect.

      (5)
Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite

of any provision (of any nature) which would otherwise prevent the merger of

the LSC occupational pension schemes.

      (6)
In this paragraph—

“LSC occupational pension scheme” means an occupational pension

scheme under which—

(a)
the LSC has rights, powers, duties or liabilities, or

(b)
the Lord Chancellor or the Secretary of State has rights, powers,

duties or liabilities by virtue of a scheme under paragraph 4(3);

“occupational pension scheme” has the same meaning as in the Pension

Schemes Act 1993.’.

Secretary Kenneth Clarke

137

Page  133,  line  3  [Schedule  4],  leave out ‘or transitional’ and insert ‘transitional,

transitory or saving’.

Secretary Kenneth Clarke

66

Page  133,  line  3  [Schedule  4],  after ‘with’, insert ‘—

(a)
’.

Secretary Kenneth Clarke

67

Page  133,  line  4  [Schedule  4],  after ‘by’, insert ‘this Schedule’.

Secretary Kenneth Clarke

68

Page  133,  line  4  [Schedule  4],  after ‘or’, insert—

‘(b)
schemes made’.

Consideration of Bill: 31 October 2011
3776

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Secretary Kenneth Clarke

138

Page  133,  line  7  [Schedule  4],  leave out from ‘Schedule’ to end of line 8.

Secretary Kenneth Clarke

19

Page  144,  line  31  [Schedule  5],  at end insert—

‘Criminal Justice Act 2003 (c. 44)
In Schedule 26, paragraph 51.’.

NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 2

Interpretation

Tom Brake

Mike Crockart

NC29

To move the following Clause:—

‘(1)
In this part—

“defamation” means “libel, slander or malicious falsehood”;

“privacy” means “the misuse of private information”;

“proceedings” includes any sort of proceedings for resolving disputes (and

not just proceedings in court), whether commenced or contemplated.’.

Mr Andy Slaughter

21

Page  29,  line  6,  leave out Clause 41.

Lisa Nandy

Lorely Burt

Greg Mulholland

Caroline Lucas

Anas Sarwar

Joan Ruddock

Total signatories: 22

150

Page  29,  line  36  [Clause  41],  at end insert—

‘(4A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages for loss or bodily injury resulting

from exposure to a harmful substance or process where the claim is made against

a person who—

Consideration of Bill: 31 October 2011
3777

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(a)
carries on business in more than one country, or

(b)
owns (wholly or partly) one or more businesses carried on in more than

one country or in different countries.’.

Tom Brake

Mike Crockart

152

Page  29,  line  36  [Clause  41],  at end insert—

‘(4A)
The amendments made by subsections (2) and (4) do not apply in relation to a

success fee payable under a conditional fee agreement made in relation to—

(a)
any proceedings in relation to the torts of defamation or privacy;

(b)
any proceedings arising out of the same cause of action as any

proceedings to which sub-paragraph (a) refers.’.

Mr Andy Slaughter

22

Page  31,  line  1,  leave out Clause 43.

Lisa Nandy

Lorely Burt

Greg Mulholland

Caroline Lucas

Anas Sarwar

Joan Ruddock

Total signatories: 22

151

Page  31,  line  45  [Clause  43],  at end insert—

‘(6)
This section does not apply in relation to a costs order made in favour of a party

to proceedings which include a claim for damages for loss or bodily injury

resulting from exposure to a harmful substance or process where the claim is

made against a person who—

(a)
carries on business in more than one country, or

(b)
owns (wholly or partly) one or more businesses carried on in more than

one country or in different countries.’.

Tom Brake

Mike Crockart

153

Page  32,  line  4  [Clause  43],  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings in a cause of action in relation to the torts

of defamation or privacy.’.

Consideration of Bill: 31 October 2011
3778

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Andy Slaughter

72

Page  32,  line  5,  leave out Clause 44.

REMAINING NEW CLAUSES

Alcohol monitoring requirement

Mr Matthew Offord

Mike Freer

NC1

To move the following Clause:—

‘(1)
After section 212 of the Criminal Justice Act 2003, insert—

“212A
Alcohol monitoring requirement

(1)
In this Part “alcohol monitoring requirement”, in relation to a relevant

order, means a requirement that during a period specified in the order, the

offender must—

(a)
not consume alcohol,

(b)
for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may (or

subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)
pay such amount of no less than £1 and no more than £5 in

respect of the costs of taking and analysing the sample as may be

specified in the order.

(2)
A court may not impose an alcohol monitoring requirement unless—


it is satisfied that—

(a)

(i)
the offender has a propensity to misuse alcohol and the

offender expresses willingness to comply with the

alcohol monitoring requirement, or

(ii)
the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)
the Court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the area proposed be specified in the order under section 216

(local justice area to be specified in relevant order).

(3)
A relevant order imposing an alcohol monitoring requirement must

provide that the results of any tests carried out on any samples provided

by the offender to the monitoring officer in pursuance of the requirement

are to be communicated to the responsible officer.

(4)
The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to subsection (1)(b).

Consideration of Bill: 31 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(5)
The Secretary of State may make rules for all or any of the following

purposes—

(a)
regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)
regulating the provision and carrying on of a facility for the

testing of samples;

(c)
determining the maximum and minimum fee that may be

specified under subsection (1)(c), and the frequency of such

payments;

(d)
regulating the functions of the monitoring officer; and

(e)
making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(6)
In this section, “monitoring officer” means any person, other than the

responsible officer, specified in an alcohol monitoring requirement as the

person to whom samples must be provided.”.

(2)
Schedule (Alcohol monitoring requirement) makes further amendments to the

Criminal Justice Act 2003.’.

Youth rehabilitation orders: alcohol monitoring requirement

Mr Matthew Offord

Mike Freer

NC2

To move the following Clause:—

‘(1)
In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph

24 insert—

“24A
Alcohol monitoring requirement

(1)
In this part “alcohol monitoring requirement”, in relation to a youth

rehabilitation order, means a requirement that during a period specified

in the order, the offender must—

(a)
not consume alcohol,

(b)
for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may

(subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)
pay such amount in respect of the costs of taking and analysing

the sample as may be specified in the order.

(2)
A court may not impose an alcohol monitoring requirement unless it is

satisfied that—

(a)

(i)
the offender has a propensity to misuse alcohol and

expresses willingness to comply with the alcohol

monitoring requirement, or



© Parliamentary copyright	Revised 31 October 2011