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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Crime and Courts Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| Schedule 13, page 219, line 12, at end insert— |
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| | ‘8A | In section 27 of the Constitutional Reform Act 2005 (selection for appointment |
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| | to Supreme Court to be on merit etc) after subsection (5) insert— |
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| | “(5A) | Where two persons are of equal merit— |
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| | (a) | section 159 of the Equality Act 2010 (positive action: |
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| | recruitment etc) does not apply in relation to choosing |
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| | (b) | Part 5 of that Act (public appointments etc) does not |
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| | prevent the commission from preferring one of them over |
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| | the other for the purpose of increasing diversity within the |
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| | group of persons who are the judges of the Court.”’. |
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| Schedule 13, page 219, line 31, at end insert— |
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| | ‘() | Each of the Lord Chancellor and the Lord Chief Justice of England shall lay |
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| | before Parliament a report annually, describing— |
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| | (a) | their performance of the duty in this section; |
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| | (b) | the contribution made towards a more diverse judiciary in the |
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| | (c) | the composition of the judiciary, including the number of part-time |
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| | and full-time judges, gender, educational background and other |
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| | relevant demographic data.’. |
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| Schedule 13, page 220, line 22, at end insert— |
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| | 14A | After section 65 of the Constitutional Reform Act 2005 insert— |
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| | The Lord Chancellor, after consultation with the Lord Chief Justice, |
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| | the Treasury Solicitor and the Chairman of the Judicial Appointments |
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| | Commission, shall issue guidance as to the circumstances in which |
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| | those employed by the Government Legal Service, the Crown |
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| | Prosecution Service or any other government legal office may apply |
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| | for any of the judicial office or tribunal posts, which are in the remit |
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| | of the Judicial Appointments Commission.”.’. |
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| Clause 28, page 30, line 18, leave out from ‘In’ to end of line 20 and insert ‘the case |
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| of any particular proceedings of a court or tribunal, the court or tribunal may in the |
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| interests of justice or in order to ensure that a person is not unduly prejudiced—’. |
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| Clause 30, page 32, line 13, at end insert— |
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| | ‘(8G) | For the avoidance of doubt, the provisions of subsection (5A) will apply to any |
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| | person who, when V enters the building as a trespasser and it is necessary to use |
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| | force against V, is present in any of the premises covered by subsections (8A), |
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| | (8B) or (8C), whether or not that person dwells in said premises.’. |
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| Schedule 15, page 269, line 16, leave out paragraph 29. |
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| Clause 37, page 38, line 40, leave out from beginning to ‘and’ in line 44. |
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| Clause 37, page 39, leave out lines 8 to 11 and insert— |
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| | ‘( ) | knowingly contrary to any advice (which may take account of any |
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| | accompanying instructions given by the manufacturer or distributor of |
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| | the drug), given by the person by whom the drug was prescribed or |
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| | supplied, about the amount of time that should elapse between taking the |
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| | drug and driving a motor vehicle.’. |
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| Clause 37, page 39, leave out lines 12 to 14. |
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| | Enforcement by taking control of goods |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for |
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| | taking control of goods) is amended as follows. |
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| | (2) | In paragraph 17 (enforcement agent may use reasonable force to enter etc where |
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| | paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”. |
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| | (3) | After paragraph 18 insert— |
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| | “18A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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| | (b) | the enforcement agent reasonably believes that the debtor |
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| | carries on a trade or business on the premises; |
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| | (c) | the enforcement agent is acting under a writ or warrant of |
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| | control issued for the purpose of recovering a sum payable |
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| | under a High Court or county court judgment; |
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| | (d) | the sum so payable is not a traffic contravention debt. |
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| | (2) | “Traffic contravention debt” has the meaning given by section 82(2) |
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| | of the Traffic Management Act 2004.” |
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| | (4) | After paragraph 19 insert— |
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| | “19A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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| | (b) | the premises are not premises on which the enforcement agent |
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| | reasonably believes that the debtor carries on a trade or |
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| | (c) | the enforcement agent has taken control of the goods by |
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| | entering into a controlled goods agreement with the debtor; |
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| | (d) | the debtor has failed to comply with any provision of the |
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| | controlled goods agreement relating to the payment by the |
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| | (e) | the debtor has been given notice of the intention of the |
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| | enforcement agent to enter the premises to inspect the goods |
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| | or to remove them for storage or sale; |
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| | (f) | paragraph 18 does not apply. |
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| | (2) | For the purposes of a notice under sub-paragraph (1)(e), regulations |
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| | (a) | the minimum period of notice; |
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| | (b) | the form of the notice; |
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| | (c) | what it must contain; |
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| | (d) | how it must be given; |
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| | (3) | The enforcement agent must keep a record of the time when a notice |
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| | under sub-paragraph (1)(e) is given. |
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| | (4) | If regulations authorise it, the court may order in prescribed |
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| | circumstances that the notice given may be less than the minimum |
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| | (5) | The order may be subject to conditions.” |
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| | (5) | In paragraphs 24(2) and 31(5) (no power to use force against persons except to |
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| | extent provided in regulations) omit “, except to the extent that regulations |
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| | (6) | Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after |
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| | (7) | Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in |
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| | accordance with notice of disposal). |
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| | (8) | In consequence of the repeals in subsection (5), in section 90 of the Tribunals, |
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| | Courts and Enforcement Act 2007 (regulations under Part 3)— |
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| | (a) | omit subsection (4) (procedure for regulations under paragraphs 24(2) |
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| | and 31(5) of Schedule 12), and |
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| | (b) | in subsection (5) omit “In any other case”. |
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| | (9) | In Schedule 13 to that Act (taking control of goods: amendments)— |
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| | (a) | in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) |
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| | for the words after “etc.),” substitute “omit subsection (2).”, |
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| | (b) | in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act |
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| | 1984) after “93 to” insert “98 and”, |
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| | (c) | in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) |
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| | for “436” substitute “436(1)”, |
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| | (d) | in paragraph 125 (amendment of section 15 of the Employment Tribunals |
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| | Act 1996) for ““by execution issued from the county court”” substitute |
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| | “the words from “by execution”, to “court” in the first place after “by |
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| | (e) | in paragraph 134 (which amends Schedule 17 to the Financial Services |
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| | and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall commission a review of the NCA functions to report |
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| | no later than one year following commencement of this Act. |
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| | (2) | The review shall report on the appropriateness of the modification of NCA |
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| | functions, in particular in relation to— |
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| | (a) | provision about NCA counter-terrorism functions; |
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| | (b) | provision about NCA public order functions; and |
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| | (c) | other national response coordination functions.’. |
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| | Regional organised crime task forces |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may make arrangements for the establishment of regional |
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| | organised crime task forces. |
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| | (2) | Such bodies will comprise representatives of— |
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| | (c) | HM Revenue and Customs; |
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| | (d) | the UK Border Agency; |
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| | (g) | the Police and Crime Commissioners. |
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| | (3) | Each regional organised crime task force will make its own arrangements for— |
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| | (4) | The purpose of the Regional Organised Crime Task Force will be to— |
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| | (a) | encourage and support joint working to counter organised crime; and |
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| | (b) | increase public awareness of the causes and impact of organised crime.’. |
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| To move the following Clause:— |
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| | ‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under |
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| | sixteen) is hereby repealed and replaced as follows— |
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| | (1) | It is an offence for a person with responsibility for a child intentionally |
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| | or recklessly to subject that child or allow that child to be subjected to |
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| | maltreatment, whether by act or omission, such that the child suffers, or |
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| | is likely to suffer, significant harm. |
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| | (2) | For the purposes of this section: |
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| | (a) | ‘recklessly’ shall mean that a person with responsibility for a |
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| | child foresaw a risk that an act or omission regarding that child |
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| | would be likely to result in significant harm, but nonetheless |
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| | unreasonably decided to take that risk; |
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| | (b) | ‘responsibility’ shall be as defined in section 17; |
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| | (c) | ‘maltreatment’ includes— |
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| | (i) | neglect (including abandonment), |
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| | (v) | emotional abuse (including exposing the child |
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| | to violence against others in the same |
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| | (d) | ‘harm’ means the impairment of— |
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| | (i) | physical or mental health, or |
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| | (ii) | physical, intellectual, emotional, social or |
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| | (3) | Where the question of whether harm suffered by a child is significant |
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| | turns on the child’s health or development, that child’s health or |
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| | development shall be compared with that which could reasonably be |
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| | expected of a similar child.”.’. |
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| | Review into the Courts and Tribunals Service |
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| To move the following Clause:— |
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| | ‘The Lord Chancellor shall conduct a periodic review of HM Courts and |
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| | Tribunals Service, including the Office of the Public Guardian, and the impact of |
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| | section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of |
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| | access and user and practitioner satisfaction, and specifically the impact of court |
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| | closures on court users and access to justice, and shall publish a report on the |
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| | review to both Houses of Parliament.’. |
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| | Information for court users |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall publish and consult on a strategy for the delivery of |
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| | legal information, support and dispute resolution services to the public by HM |
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| | Courts and Tribunals Service.’. |
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