House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 11 March 2013
935

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

17

Page  181,  line  23  [Schedule  10],  leave out ‘paragraphs 3 and’ and insert

‘paragraph’.

Secretary Theresa May

18

Page  182,  line  10  [Schedule  10],  leave out ‘paragraphs 4 and 5’ and insert

‘paragraph 4’.

Secretary Theresa May

19

Page  183,  line  7  [Schedule  10],  leave out ‘22,’ and insert ‘22(2),’.

Secretary Theresa May

20

Page  188,  line  14  [Schedule  11],  leave out sub-paragraphs (3) to (7) and insert—

      ‘()
For subsections (1A) to (1E) (powers of magistrates’ courts in England and

Wales to vary registered orders) substitute—

“(1A)
The family court may exercise the same powers in relation to an order

registered in the family court under this Part of this Act as are

exercisable by the family court under section 1 of the Maintenance

Enforcement Act 1991 in relation to a qualifying periodical

maintenance order (within the meaning of that section) which has been

made by the family court, including the power under subsection (7) of

that section to revoke, suspend, revive or vary any means of payment

order (within the meaning of that subsection) made by virtue of this

subsection.”’.

Secretary Theresa May

21

Page  216,  line  37  [Schedule  11],  column 2, at end insert—

‘In Schedule 2, paragraph 3(3).’.

Notices of Amendments: 11 March 2013
936

Crime and Courts Bill-[Lords], continued

Mr Jack Straw

Jenny Chapman

Pat Glass

Helen Goodman

Lisa Nandy

Kate Green

100

Page  224,  line  42  [Schedule  13],  at end insert ‘Each of the Lord Chancellor and the

Lord Chief Justice must at all times engage in a programme of action which is designed—

(a)
to secure, so far as it is reasonably practicable to do so, that

appointments to listed judicial offices are such that those holding such

offices are reflective of the community in England and Wales;

(b)
to require the Lord Chancellor and the Lord Chief Justice of England

and Wales, so far as it is reasonably practicable to do so, to secure that

a range of persons reflective of the community in England and Wales

is available for consideration by the Judicial Appointments

Commission whenever it is required to select a person to be appointed,

or recommended for appointment, to a listed judicial office.’.

Secretary Theresa May

23

Page  227,  line  8  [Schedule  13],  leave out ‘Wales, of some other’ and insert ‘a

particular geographical’.

Secretary Theresa May

24

Page  227,  line  11  [Schedule  13],  at end insert—

‘6B
The powers to make regulations under this Part of this Schedule are

to be exercised with a view to ensuring, so far as may be practicable,

that the Commissioners who are lay members include at any time at

least one person who appears to have special knowledge of

Wales.”’.

Secretary Theresa May

25

Page  230,  line  13  [Schedule  13],  leave out sub-paragraphs (2) to (5).

Secretary Theresa May

26

Page  230,  line  45  [Schedule  13],  leave out ‘subsections (4) to’ and insert

‘subsection (4) or’.

Notices of Amendments: 11 March 2013
937

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

27

Page  231,  line  28  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

28

Page  231,  line  40  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

29

Page  232,  line  5  [Schedule  13],  leave out ‘, (5A)(a), (5B) or (5C)(c)’ and insert ‘or

(5A)(a)’.

Secretary Theresa May

30

Page  232,  line  33  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

31

Page  232,  line  44  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

32

Page  233,  line  9  [Schedule  13],  leave out ‘, (6A)(a), (6B) or (6C)(c)’ and insert ‘or

(6A)(a)’.

Secretary Theresa May

33

Page  233,  line  41  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

34

Page  234,  line  4  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Notices of Amendments: 11 March 2013
938

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

35

Page  234,  line  13  [Schedule  13],  leave out ‘, (5ZA)(a), (5ZB) or (5ZC)(c)’ and

insert ‘or (5ZA)(a)’.

Secretary Theresa May

36

Page  234,  line  43  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

37

Page  235,  line  5  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

38

Page  235,  line  13  [Schedule  13],  leave out ‘, (3A)(a), (3B) or (3C)(c)’ and insert ‘or

(3A)(a)’.

Secretary Theresa May

39

Page  235,  line  38  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

40

Page  236,  line  2  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

41

Page  236,  line  11  [Schedule  13],  leave out ‘, (4)(a), (4A) or (4B)(c)’ and insert ‘or

(4)(a)’.

Secretary Theresa May

42

Page  238  [Schedule  13],  leave out line 9.

Notices of Amendments: 11 March 2013
939

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

43

Page  238  [Schedule  13],  leave out line 11.

Secretary Theresa May

44

Page  238,  line  12  [Schedule  13],  leave out ‘7(3A)(a)’ and insert ‘7(1)’.

Secretary Theresa May

45

Page  238  [Schedule  13],  leave out line 13.

Secretary Theresa May

46

Page  238  [Schedule  13],  leave out line 19.

Secretary Theresa May

47

Page  238,  line  19  [Schedule  13],  at end insert—

    ‘(3)
In section 46 (delegation of functions by Lord Chief Justice etc) after

subsection (6) insert—

“(7)
In Schedules 2 to 4 “senior judge” means—

(a)
the Lord Chief Justice of England and Wales,

(b)
the Lord President of the Court of Session,

(c)
the Lord Chief Justice of Northern Ireland, or

(d)
the Senior President of Tribunals.”’.

Secretary Theresa May

48

Page  239,  line  3  [Schedule  13],  leave out ‘Senior President of Tribunals’ and insert

‘Lord Chancellor’.

Secretary Theresa May

49

Page  239,  line  14  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

50

Page  240,  line  3  [Schedule  13],  leave out ‘Senior President of Tribunals’ and insert

‘Lord Chancellor’.

Notices of Amendments: 11 March 2013
940

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

51

Page  240,  line  14  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

52

Page  240,  line  44  [Schedule  13],  leave out ‘Senior President of Tribunals’ and

insert ‘Lord Chancellor’.

Secretary Theresa May

53

Page  241,  line  8  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

54

Page  242,  line  42  [Schedule  13],  leave out ‘Senior President of Tribunals’ and

insert ‘Lord Chancellor’.

Secretary Theresa May

55

Page  243,  line  7  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

56

Page  244,  line  5  [Schedule  13],  at end insert—

    ‘(5)
In the entry in Part 3 for Deputy Chief Coroner appointed under paragraph 2(5)

of Schedule 8 to the Coroners and Justice Act 2009, for “2(5)” substitute

“2(6)”.

      (6)
In paragraph 51 of Schedule 21 to the Coroners and Justice Act 2009 (which

inserts entries at the end of Part 3 of Schedule 14 to the 2005 Act)—

(a)
after “at the end of” insert “Table 1 of”, and

Notices of Amendments: 11 March 2013
941

Crime and Courts Bill-[Lords], continued

(b)
for “2(5)” substitute “2(6)”.


(Accordingly, the power to commence that paragraph 51 becomes a power to

commence it as amended by this sub-paragraph.)’.

Secretary Theresa May

57

Page  248,  line  11  [Schedule  13],  at end insert—

  ‘(3A)
Omit subsection (2A) (steps that are to be part of selection process).’.

Secretary Theresa May

58

Page  254,  line  37  [Schedule  13],  at end insert—

‘Changes in relation to selection process: consequential repeals

80A
Omit Part 4A of this Schedule (amendments which come into force on the

passing of this Act, but which are superseded on amendments made by this Part

of this Schedule being brought into force).

Part 4A

Selection of lord chief justice and heads of division: transitory provision

80B(1)
The Constitutional Reform Act 2005 is amended as follows.

      (2)
In section 70 (selection process for appointment of Lord Chief Justice or Head

of Division) after subsection (2) insert—

“(2A)
In determining the selection process to be applied, the panel must

ensure that the process—

(a)
includes consultation of the Lord Chancellor, and

(b)
if the request relates to a recommendation for an appointment

to the office of Lord Chief Justice, also includes consultation

of the First Minister for Wales.”

      (3)
For section 71 of the Constitutional Reform Act 2005 (selection panel for

appointment of Lord Chief Justice or Head of Division) substitute—

“71
Selection panel for appointment of Lord Chief Justice

(1)
This section applies where the request relates to a recommendation for

an appointment to the office of Lord Chief Justice.

(2)
The selection panel must consist of five members.

(3)
The first member is the chairman of the Commission, unless there is

no chairman of the Commission or the chairman of the Commission is

incapacitated.

(4)
If there is no chairman of the Commission or the chairman of the

Commission is incapacitated, the first member is a lay member of the



© Parliamentary copyright	Revised 12 March 2013