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| | Page 45, line 44 [Clause 41], at end insert— |
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| | | ‘(3A) | In section 3ZB of the 1988 Act (causing death by driving: unlicensed, disqualified |
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| | | or uninsured drivers), after (c) insert— |
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| | | “(d) | section 5A of this Act (driving or being in charge of a motor |
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| | | vehicle with concentration of specified controlled drug above |
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| | Page 46, line 31 [Clause 41], at end add— |
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| | | ‘(8) | The Secretary of State shall have responsibility to ensure that within 12 months |
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| | | of Royal Assent an assessment has been made by the Home Office on the impact |
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| | | of this section on equipment, training and resources with particular regard to |
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| | | published impact assessments from the Home Office, Department for Transport, |
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| | | Department of Justice and the Crown Prosecution Service.’. |
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| | Page 46, line 34 [Clause 42], at end insert— |
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| | | ‘(1A) | In section 4(1) (“Fear or provocation of violence”) for “abusive or insulting” in |
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| | | the two places where it occurs substitute “or abusive”. |
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| | | (1B) | In section 4A(1) (“Intentional harassment, alarm or distress”) for “abusive or |
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| | | insulting” in the two places where it occurs substitute “or abusive”.’. |
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| | Page 46, line 36 [Clause 42], at end insert— |
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| | | ‘(2A) | In section 6(3) (“mental element: miscellaneous”) for “abusive or insulting” in |
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| | | the two places where it occurs substitute “or abusive”.’. |
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| | Page 17, line 21 [Clause 18], at end insert— |
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| | | ‘Part 4A amends the selection procedure for certain senior judicial |
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| | | appointments until Part 4 of the Schedule is in force,’. |
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| | Page 166, line 12 [Schedule 10], after ‘court’ insert ‘and to be varied by that court’. |
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| | Page 167, line 15 [Schedule 10], leave out paragraph 8 and insert— |
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| | | ‘8 (1) | Section 4 (variation etc of orders registered in a magistrates’ court) is amended |
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| | | (2) | In subsection (1) (orders in relation to which section 4 applies) for “orders |
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| | | registered in magistrates’ courts” substitute “High Court orders registered in |
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| | | |
| | | (3) | In subsection (2)(a) (court of registration may vary rate of payments specified |
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| | | (a) | for “court of registration” substitute “family court”, and |
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| | | (b) | for “original court” substitute “High Court”. |
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| | | (4) | In subsection (2)(b) (general rule that variation of rate of payments specified |
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| | | by registered order is to be by court of registration) for the words from “court |
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| | | of registration” to the end substitute “family court.” |
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| | | (5) | Omit subsections (2A) to (2C), (5A), (5B) and (7). |
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| | | (6) | In subsection (4) (power of court of registration to remit application for |
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| | | variation of rate of payments to original court)— |
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| | | (a) | omit “it appears to the court to which”, |
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| | | (b) | after “registered order” insert “and it appears to the family court”, |
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| | | (c) | for “original court”, in both places, substitute “High Court”, and |
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| | | (d) | for “first-mentioned court” substitute “family court”. |
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| | | (7) | In subsection (5) (other circumstances in which original court has jurisdiction |
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| | | to vary rate of payments) for “original court” substitute “High Court”. |
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| | | (8) | In subsection (6A) (with the exception of power to make provision as to means |
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| | | of payment, magistrates’ courts in England and Wales have no power to vary |
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| | | certain orders made by Court of Session or by High Court in Northern |
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| | | |
| | | (a) | for the words before “variation” substitute “Although such an order as |
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| | | is mentioned in this subsection may be varied under section 1 of the |
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| | | Maintenance Enforcement Act 1991 as applied by section 4A(2) of |
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| | | this Act, no application for any other”, |
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| | | (b) | for “any court” substitute “the family court”, |
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| | | (c) | for “that court” substitute “the family court”, and |
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| | | (d) | for “section 1(2)” substitute “sections 1(2) and 2(6A)”. |
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| | | (9) | In subsection (6B) (no application to be made to a magistrates’ court for |
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| | | variation of certain orders) for “any court” substitute “the family court”.’. |
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| | Page 167, line 36 [Schedule 10], leave out ‘or an officer of that court’. |
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| | Page 167, line 39 [Schedule 10], leave out ‘or an officer of that court’. |
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| | Page 177, line 37 [Schedule 10], leave out ‘or an officer of the court’. |
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| | Page 177, line 40 [Schedule 10], leave out ‘, or an officer of the court,’. |
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| | Page 181 [Schedule 10], leave out lines 21 and 22. |
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| | Page 181, line 23 [Schedule 10], leave out ‘paragraphs 3 and’ and insert |
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| | Page 182, line 10 [Schedule 10], leave out ‘paragraphs 4 and 5’ and insert |
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| | Page 183, line 7 [Schedule 10], leave out ‘22,’ and insert ‘22(2),’. |
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| | Page 188, line 14 [Schedule 11], leave out sub-paragraphs (3) to (7) and insert— |
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| | | ‘() | For subsections (1A) to (1E) (powers of magistrates’ courts in England and |
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| | | Wales to vary registered orders) substitute— |
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| | | “(1A) | The family court may exercise the same powers in relation to an order |
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| | | registered in the family court under this Part of this Act as are |
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| | | exercisable by the family court under section 1 of the Maintenance |
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| | | Enforcement Act 1991 in relation to a qualifying periodical |
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| | | maintenance order (within the meaning of that section) which has been |
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| | | made by the family court, including the power under subsection (7) of |
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| | | that section to revoke, suspend, revive or vary any means of payment |
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| | | order (within the meaning of that subsection) made by virtue of this |
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| | Page 216, line 37 [Schedule 11], column 2, at end insert— |
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| | | ‘In Schedule 2, paragraph 3(3).’. |
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| | | Negatived on division 100 |
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| | Page 224, line 42 [Schedule 13], at end insert ‘Each of the Lord Chancellor and the |
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| | Lord Chief Justice must at all times engage in a programme of action which is designed— |
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| | | (a) | to secure, so far as it is reasonably practicable to do so, that |
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| | | appointments to listed judicial offices are such that those holding such |
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| | | offices are reflective of the community in England and Wales; |
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| | | (b) | to require the Lord Chancellor and the Lord Chief Justice of England |
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| | | and Wales, so far as it is reasonably practicable to do so, to secure that |
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| | | a range of persons reflective of the community in England and Wales |
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| | | is available for consideration by the Judicial Appointments |
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| | | Commission whenever it is required to select a person to be appointed, |
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| | | or recommended for appointment, to a listed judicial office.’. |
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| | Page 227, line 8 [Schedule 13], leave out ‘Wales, of some other’ and insert ‘a |
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| | particular geographical’. |
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| | Page 227, line 11 [Schedule 13], at end insert— |
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