House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

(b)
would deal with a transferred matter without being ancillary to other

provision (whether in the Act or previously enacted) which deals with

an excepted matter or a reserved matter.

      (3)
In sub-paragraph (2)—

“ancillary” has the meaning given in section 6(3) of the Northern Ireland

Act 1998;

“excepted matter”, “reserved matter” and “transferred matter” have the

meanings given by section 4(1) of the Northern Ireland Act 1998.

Orders under this Part of this Schedule: particular provision

14  (1)
The provision that may be made by an order under paragraph 10, 11 or 12

(whether by virtue of that paragraph or section 43(12)) includes—

(a)
provision conferring, removing or otherwise modifying a function

(whether or not exercisable in, or in relation to, Northern Ireland);

(b)
provision amending, repealing, revoking or otherwise modifying any

enactment (including an enactment contained in, or amended by, this

Act).

      (2)
The making of an order under any provision of this Part of this Schedule does

not prevent—

(a)
a further order from being made under that provision, or

(b)
an order from being made under any other provision of this Part of this

Schedule.

      (3)
An order under paragraph 10 or 11 may modify or reverse the effects of an

order made under paragraph 12.

      (4)
Sub-paragraphs (1) to (3) do not limit the powers conferred by paragraphs 10,

11 and 12.

      (5)
In this paragraph—

“enactment” means any enactment, whenever passed or made, contained

in—

(a)
an Act of Parliament;

(b)
an Act of the Scottish Parliament;

(c)
Northern Ireland legislation;

(d)
a Measure or Act of the National Assembly for Wales;

(e)
an instrument made under any such Act, legislation or Measure;

(f)
any other subordinate legislation (within the meaning of the

Interpretation Act 1978);

“function” means a function of any description, including a power or duty

(whether conferred by an enactment or arising otherwise).’.

AMENDMENTS TO PART 1, SCHEDULE 22, CLAUSES 33 AND 34 AND SCHEDULES 17 AND

18

Secretary Theresa May

4

Page  2,  line  42  [Clause  2],  leave out ‘may’ and insert ‘must’.

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

Mr David Hanson

Stella Creasy

Phil Wilson

3

Page  6,  line  37  [Clause  7],  at beginning insert ‘Subject to approval by the Secretary

of State for the Home Department,’.

John McDonnell

Mr Elfyn Llwyd

Mark Durkan

95

Page  10,  line  15,  leave out Clause 12.

John McDonnell

Mr Elfyn Llwyd

Mark Durkan

102

Page  11,  line  1,  leave out Clause 13.

Secretary Theresa May

5

Page  115,  line  37  [Schedule  8],  at end insert—

    ‘( )
In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for

“members of staff of SOCA” substitute “NCA officers”.’.

Secretary Theresa May

6

Page  117,  line  3  [Schedule  8],  at end insert—

    ‘( )
In section 339ZA (disclosures to SOCA)—

(a)
in the title, for “SOCA” substitute “the NCA”;

(b)
for “Director General of the Serious Organised Crime Agency”

substitute “Director General of the National Crime Agency”.’.

Secretary Theresa May

7

Page  118,  line  38  [Schedule  8],  at end insert—

    ‘( )
In subsection (6)—

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

(a)
for “a member of SOCA’s staff” substitute “an NCA officer”;

(b)
for “SOCA” substitute “the Director General of the NCA”.’.

Secretary Theresa May

8

Page  121,  line  30  [Schedule  8],  leave out ‘officer’ and insert ‘agency’.

Secretary Theresa May

9

Page  121,  line  32  [Schedule  8],  leave out from beginning to end of line 34 and

insert—

‘“(b)
the National Crime Agency;”.’.

Secretary Theresa May

76

Page  336,  line  26  [Schedule  22],  leave out ‘2’ and insert ‘[Modification of NCA

functions]’.

Secretary Theresa May

61

Page  33,  line  33  [Clause  33],  after ‘High Court’ insert ‘in England and Wales’.

Secretary Theresa May

62

Page  34,  line  2  [Clause  33],  after ‘High Court’ insert ‘in England and Wales’.

Secretary Theresa May

63

Page  34,  line  14  [Clause  33],  leave out from beginning to ‘and’ in line 15.

Secretary Theresa May

64

Page  36,  line  10  [Clause  33],  leave out ‘a part of the United Kingdom’ and insert

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

‘England and Wales or Scotland’.

Secretary Theresa May

65

Page  290,  line  5  [Schedule  17],  after ‘authority’ insert ‘in relation to England and

Wales or Scotland’.

Secretary Theresa May

66

Page  290,  line  8  [Schedule  17],  leave out ‘and Northern Ireland’.

Secretary Theresa May

67

Page  290,  line  29  [Schedule  17],  after ‘order’ insert ‘made by the High Court in

England and Wales’.

Secretary Theresa May

68

Page  290,  line  35  [Schedule  17],  leave out ‘or’ and insert ‘made by the High Court

in England and Wales or an’.

Secretary Theresa May

69

Page  291,  line  8  [Schedule  17],  leave out ‘or’ and insert ‘made by the High Court

in England and Wales or an’.

Secretary Theresa May

70

Page  291,  line  17  [Schedule  17],  after ‘High Court’ insert ‘in England and Wales’.

Secretary Theresa May

71

Page  292,  line  40  [Schedule  17],  after ‘order’ insert ‘made by the High Court in

England and Wales or the Court of Session’.

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

NEW CLAUSES AND NEW SCHEDULES RELATING TO DRUGS AND DRIVING OR TO

PUBLIC ORDER OFFENCES

Sanction for and trial in relation to drink driving

Mr David Burrowes

NC18

To move the following Clause:—

‘Schedule 2 of the Road Traffic Offenders Act 1988 is amended such that the time

period stipulated as punishment for an offence under section 5 of the Road Traffic

Act 1988 (driving or being in charge of a motor vehicle with alcohol

concentration above prescribed limit) is two years and such that the said offence

shall be triable either way.’.

AMENDMENTS TO CLAUSES 41 AND 42, SCHEDULE 21, CLAUSES 16 TO 19 AND

SCHEDULES 9 TO 14

Mr David Burrowes

120

Page  45,  line  44  [Clause  41],  at end insert—

‘(3A)
In section 3ZB of the 1988 Act (causing death by driving: unlicensed, disqualified

or uninsured drivers), after (c) insert—

“(d)
section 5A of this Act (driving or being in charge of a motor

vehicle with concentration of specified controlled drug above

specified limit).”.’.

Mr David Hanson

Stella Creasy

Phil Wilson

2

Page  46,  line  31  [Clause  41],  at end add—

‘(8)
The Secretary of State shall have responsibility to ensure that within 12 months

of Royal Assent an assessment has been made by the Home Office on the impact

of this section on equipment, training and resources with particular regard to

published impact assessments from the Home Office, Department for Transport,

Department of Justice and the Crown Prosecution Service.’.

Mr David Nuttall

89

Page  46,  line  34  [Clause  42],  at end insert—

‘(1A)
In section 4(1) (“Fear or provocation of violence”) for “abusive or insulting” in

the two places where it occurs substitute “or abusive”.

(1B)
In section 4A(1) (“Intentional harassment, alarm or distress”) for “abusive or

insulting” in the two places where it occurs substitute “or abusive”.’.

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

Mr David Nuttall

90

Page  46,  line  36  [Clause  42],  at end insert—

‘(6)
In section 6(3) (“mental element: miscellaneous”) for “abusive or insulting” in

the two places where it occurs substitute “or abusive”.’.

Secretary Theresa May

22

Page  17,  line  21  [Clause  18],  at end insert—

‘Part 4A amends the selection procedure for certain senior judicial

appointments until Part 4 of the Schedule is in force,’.

Secretary Theresa May

10

Page  166,  line  12  [Schedule  10],  after ‘court’ insert ‘and to be varied by that court’.

Secretary Theresa May

11

Page  167,  line  15  [Schedule  10],  leave out paragraph 8 and insert—

‘8  (1)
Section 4 (variation etc of orders registered in a magistrates’ court) is amended

as follows.

      (2)
In subsection (1) (orders in relation to which section 4 applies) for “orders

registered in magistrates’ courts” substitute “High Court orders registered in

the family court”.

      (3)
In subsection (2)(a) (court of registration may vary rate of payments specified

by order)—

(a)
for “court of registration” substitute “family court”, and

(b)
for “original court” substitute “High Court”.

      (4)
In subsection (2)(b) (general rule that variation of rate of payments specified

by registered order is to be by court of registration) for the words from “court

of registration” to the end substitute “family court.”

      (5)
Omit subsections (2A) to (2C), (5A), (5B) and (7).

      (6)
In subsection (4) (power of court of registration to remit application for

variation of rate of payments to original court)—

(a)
omit “it appears to the court to which”,

(b)
after “registered order” insert “and it appears to the family court”,

(c)
for “original court”, in both places, substitute “High Court”, and

(d)
for “first-mentioned court” substitute “family court”.

      (7)
In subsection (5) (other circumstances in which original court has jurisdiction

to vary rate of payments) for “original court” substitute “High Court”.

      (8)
In subsection (6A) (with the exception of power to make provision as to means

of payment, magistrates’ courts in England and Wales have no power to vary

Consideration of Bill: 13 March 2013
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Crime and Courts Bill [Lords] continued

certain orders made by Court of Session or by High Court in Northern

Ireland)—

(a)
for the words before “variation” substitute “Although such an order as

is mentioned in this subsection may be varied under section 1 of the

Maintenance Enforcement Act 1991 as applied by section 4A(2) of

this Act, no application for any other”,

(b)
for “any court” substitute “the family court”,

(c)
for “that court” substitute “the family court”, and

(d)
for “section 1(2)” substitute “sections 1(2) and 2(6A)”.

      (9)
In subsection (6B) (no application to be made to a magistrates’ court for

variation of certain orders) for “any court” substitute “the family court”.’.

Secretary Theresa May

12

Page  167,  line  36  [Schedule  10],  leave out ‘or an officer of that court’.

Secretary Theresa May

13

Page  167,  line  39  [Schedule  10],  leave out ‘or an officer of that court’.

Secretary Theresa May

14

Page  177,  line  37  [Schedule  10],  leave out ‘or an officer of the court’.

Secretary Theresa May

15

Page  177,  line  40  [Schedule  10],  leave out ‘, or an officer of the court,’.

Secretary Theresa May

16

Page  181  [Schedule  10],  leave out lines 21 and 22.

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



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