House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29 January 2013
70

Crime and Courts Bill-[Lords], continued

“65A
Additional guidance

The Lord Chancellor, after consultation with the Lord Chief Justice,

the Treasury Solicitor and the Chairman of the Judicial Appointments

Commission, shall issue guidance as to the circumstances in which

those employed by the Government Legal Service, the Crown

Prosecution Service or any other government legal office may apply

for any of the judicial office or tribunal posts, which are in the remit

of the Judicial Appointments Commission.”.’.

Mr Jeremy Browne

70

Clause  28,  page  30,  line  18,  leave out from ‘In’ to end of line 20 and insert ‘the case

of any particular proceedings of a court or tribunal, the court or tribunal may in the

interests of justice or in order to ensure that a person is not unduly prejudiced—’.

Mr Jeremy Browne

79


Schedule  15,  page  269,  line  16,  leave out paragraph 29.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

5

Clause  37,  page  38,  line  40,  leave out from beginning to ‘and’ in line 44.

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

7

Clause  37,  page  39,  leave out lines 8 to 11 and insert—

‘( )
knowingly contrary to any advice (which may take account of any

accompanying instructions given by the manufacturer or distributor of

the drug), given by the person by whom the drug was prescribed or

supplied, about the amount of time that should elapse between taking the

drug and driving a motor vehicle.’.

Public Bill Committee: 29 January 2013
71

Crime and Courts Bill-[Lords], continued

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

6

Clause  37,  page  39,  leave out lines 12 to 14.

NEW CLAUSES

Enforcement by taking control of goods

Mr Jeremy Browne

NC8


To move the following Clause:—

‘(1)
Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for

taking control of goods) is amended as follows.

(2)
In paragraph 17 (enforcement agent may use reasonable force to enter etc where

paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”.

(3)
After paragraph 18 insert—

“18A (1)
This paragraph applies if these conditions are met—

(a)
the enforcement agent has power to enter the premises under

paragraph 14;

(b)
the enforcement agent reasonably believes that the debtor

carries on a trade or business on the premises;

(c)
the enforcement agent is acting under a writ or warrant of

control issued for the purpose of recovering a sum payable

under a High Court or county court judgment;

(d)
the sum so payable is not a traffic contravention debt.

      (2)
“Traffic contravention debt” has the meaning given by section 82(2)

of the Traffic Management Act 2004.”

(4)
After paragraph 19 insert—

“19A (1)
This paragraph applies if these conditions are met—

(a)
the enforcement agent has power to enter the premises under

paragraph 16;

(b)
the premises are not premises on which the enforcement agent

reasonably believes that the debtor carries on a trade or

business;

(c)
the enforcement agent has taken control of the goods by

entering into a controlled goods agreement with the debtor;

(d)
the debtor has failed to comply with any provision of the

controlled goods agreement relating to the payment by the

debtor of the debt;

(e)
the debtor has been given notice of the intention of the

enforcement agent to enter the premises to inspect the goods

or to remove them for storage or sale;

(f)
paragraph 18 does not apply.

Public Bill Committee: 29 January 2013
72

Crime and Courts Bill-[Lords], continued

      (2)
For the purposes of a notice under sub-paragraph (1)(e), regulations

must state—

(a)
the minimum period of notice;

(b)
the form of the notice;

(c)
what it must contain;

(d)
how it must be given;

(e)
who must give it.

      (3)
The enforcement agent must keep a record of the time when a notice

under sub-paragraph (1)(e) is given.

      (4)
If regulations authorise it, the court may order in prescribed

circumstances that the notice given may be less than the minimum

period.

      (5)
The order may be subject to conditions.”

(5)
In paragraphs 24(2) and 31(5) (no power to use force against persons except to

extent provided in regulations) omit “, except to the extent that regulations

provide that it does”.

(6)
Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after

a sale).

(7)
Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in

accordance with notice of disposal).

(8)
In consequence of the repeals in subsection (5), in section 90 of the Tribunals,

Courts and Enforcement Act 2007 (regulations under Part 3)—

(a)
omit subsection (4) (procedure for regulations under paragraphs 24(2)

and 31(5) of Schedule 12), and

(b)
in subsection (5) omit “In any other case”.

(9)
In Schedule 13 to that Act (taking control of goods: amendments)—

(a)
in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972)

for the words after “etc.),” substitute “omit subsection (2).”,

(b)
in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act

1984) after “93 to” insert “98 and”,

(c)
in paragraph 85 (amendment of section 436 of the Insolvency Act 1986)

for “436” substitute “436(1)”,

(d)
in paragraph 125 (amendment of section 15 of the Employment Tribunals

Act 1996) for ““by execution issued from the county court”” substitute

“the words from “by execution”, to “court” in the first place after “by

execution”,”, and

(e)
in paragraph 134 (which amends Schedule 17 to the Financial Services

and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs

16(a) and 16D(a)”.’.

Public Bill Committee: 29 January 2013
73

Crime and Courts Bill-[Lords], continued

Review of NCA functions

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

NC1

To move the following Clause:—

‘(1)
The Secretary of State shall commission a review of the NCA functions to report

no later than one year following commencement of this Act.

(2)
The review shall report on the appropriateness of the modification of NCA

functions, in particular in relation to—

(a)
provision about NCA counter-terrorism functions;

(b)
provision about NCA public order functions; and

(c)
other national response coordination functions.’.

Regional organised crime task forces

Paul Goggins

NC2

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for the establishment of regional

organised crime task forces.

(2)
Such bodies will comprise representatives of—

(a)
the NCA;

(b)
local police forces;

(c)
HM Revenue and Customs;

(d)
the UK Border Agency;

(e)
local authorities;

(f)
business; and

(g)
the Police and Crime Commissioners.

(3)
Each regional organised crime task force will make its own arrangements for—

(a)
administration; and

(b)
chairing the body.

(4)
The purpose of the Regional Organised Crime Task Force will be to—

(a)
encourage and support joint working to counter organised crime; and

(b)
increase public awareness of the causes and impact of organised crime.’.

Public Bill Committee: 29 January 2013
74

Crime and Courts Bill-[Lords], continued

Child maltreatment

Mr Robert Buckland

Mr David Burrowes

Paul Goggins

NC3

To move the following Clause:—

‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under

sixteen) is hereby repealed and replaced as follows—

“1
Child maltreatment

(1)
It is an offence for a person with responsibility for a child intentionally

or recklessly to subject that child or allow that child to be subjected to

maltreatment, whether by act or omission, such that the child suffers, or

is likely to suffer, significant harm.

(2)
For the purposes of this section:

(a)
‘recklessly’ shall mean that a person with responsibility for a

child foresaw a risk that an act or omission regarding that child

would be likely to result in significant harm, but nonetheless

unreasonably decided to take that risk;

(b)
‘responsibility’ shall be as defined in section 17;

(c)
‘maltreatment’ includes—

(i)
neglect (including abandonment),

(ii)
physical abuse,

(iii)
sexual abuse,

(iv)
exploitation, and

(v)
emotional abuse (including exposing the child

to violence against others in the same

household);

(d)
‘harm’ means the impairment of—

(i)
physical or mental health, or

(ii)
physical, intellectual, emotional, social or

behavioural development.

(3)
Where the question of whether harm suffered by a child is significant

turns on the child’s health or development, that child’s health or

development shall be compared with that which could reasonably be

expected of a similar child.”.’.

Public Bill Committee: 29 January 2013
75

Crime and Courts Bill-[Lords], continued

Review into the Courts and Tribunals Service

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC4

To move the following Clause:—

‘The Lord Chancellor shall conduct a periodic review of HM Courts and

Tribunals Service, including the Office of the Public Guardian, and the impact of

section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of

access and user and practitioner satisfaction, and specifically the impact of court

closures on court users and access to justice, and shall publish a report on the

review to both Houses of Parliament.’.

Information for court users

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC5

To move the following Clause:—

‘The Secretary of State shall publish and consult on a strategy for the delivery of

legal information, support and dispute resolution services to the public by HM

Courts and Tribunals Service.’.

Chief Executive of the Supreme Court of the United Kingdom

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

NC6

To move the following Clause:—

‘(1)
The Constitutional Reform Act 2005 is amended as follows.

(2)
In section 48 (Chief executive) omit subsection (2).

(3)
After subsection (1) insert—

“(2)
The President of the Supreme Court shall appoint the Chief Executive in

accordance with the arrangements for the time being in force for the

selection of persons to be employed in the civil service of the State.”.

Public Bill Committee: 29 January 2013
76

Crime and Courts Bill-[Lords], continued

(4)
In Section 49(2) (Officers and staff), omit the words “with the agreement of the

Lord Chancellor”.’.

Extension of section 37 and section 47 of the Children Act 1989 to youth courts

Mr David Burrowes

NC7

To move the following Clause:—

‘(1)
The powers of direction of courts—

(a)
under section 37 of the Children Act 1989 (including the power to direct

the local authority children’s service to investigate whether a child is at

risk of suffering significant harm); and

(b)
under section 47 of that Act to direct a local authority to intervene to

safeguard and to promote a child’s welfare


shall extend to youth courts.

(2)
Such powers shall be available to youth courts throughout any criminal

proceedings and in any family proceedings concerning the welfare of a child.

(3)
In any investigation pursuant to the foregoing subsections, the local authority

shall consider whether it should—

(a)
apply for a care order or supervision order with respect to the child;

(b)
provide services or care to the child or his family; or

(c)
take any other action with respect to the child.

(4)
It shall be in the discretion of the youth court to adjourn sentencing until such

local authority investigation has concluded and the findings thereof have been

notified to the court.

(5)
Any youth court in which the powers under this section are to be or may be

exercised shall include on its panel at least one member of the Family Court.’.

Mr Jeremy Browne

80


Clause  42,  page  43,  line  13,  after ‘18’ insert ‘to 22, [Enforcement by taking control

of goods] and 23’.

Mr Jeremy Browne

71

Clause  42,  page  44,  line  25,  leave out subsection (17).



© Parliamentary copyright	Revised 29 January 2013