Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

Report Stage Proceedings: 13 March 2013                  

299

 

Crime and Courts Bill[Lords], continued

 
 

(b)    

the chairman of the Commission is incapacitated.

 

(11)    

In those cases the third member of the Commission is a lay member of

 

the Commission selected by the lay members of the Commission other

 

than the chairman.

 

(12)    

Only the following may be a nominee under subsection (3), (4) or

 

(9)(a) or designated under subsection (9)(b)—

 

(a)    

an England and Wales Supreme Court judge,

 

(b)    

a Head of Division, or

 

(c)    

an ordinary judge of the Court of Appeal in England and

 

Wales.

 

(13)    

Only a lay member of the Commission may be a nominee under

 

subsection (5).

 

(14)    

Only the following may be designated under subsection (7)—

 

(a)    

an England and Wales Supreme Court judge,

 

(b)    

a senior judge (as defined by section 109(5)),

 

(c)    

the holder of an office listed in Schedule 14, or

 

(d)    

a member of the Commission.

 

(15)    

A person may not be a nominee under this section, or be designated

 

under this section, if the person is disqualified.

 

(16)    

The first member is the chairman of the panel.

 

(17)    

A person is disqualified for the purposes of this section if—

 

(a)    

the person is the current holder of the office for which a

 

selection is to be made, or

 

(b)    

the person is willing to be considered for selection.

 

71B    

Sections 71 and 71A: diversity and interpretation

 

(1)    

Subsection (2) applies where a person chooses a person to be a

 

member of a selection panel under section 71 or 71A (whether as a

 

nominee, as a designated member or otherwise).

 

(2)    

The person making the choice must, in doing so, have regard

 

(alongside all other relevant considerations) to the fact that it is

 

desirable that the members of the panel should include—

 

(a)    

both women and men, and

 

(b)    

members drawn from a range of different racial groups;

 

    

and in this subsection “racial group” has the same meaning as in

 

section 9 of the Equality Act 2010.

 

(3)    

Section 16 does not apply to functions of the Lord Chief Justice under

 

section 71 or 71A; and references in sections 71 and 71A to a person

 

being incapacitated are to the person being incapacitated in the

 

opinion of the Lord Chancellor.

 

(4)    

Seniority amongst the judges of the Supreme Court who are England

 

and Wales Supreme Court judges is to be determined for the purposes

 

of sections 71 and 71A as follows—

 

(a)    

the President of the Supreme Court, if an England and Wales

 

Supreme Court judge, is senior to all other England and Wales

 

Supreme Court judges;


 
 

Report Stage Proceedings: 13 March 2013                  

300

 

Crime and Courts Bill[Lords], continued

 
 

(b)    

the Deputy President of the Supreme Court, if an England and

 

Wales Supreme Court judge, is senior to all ordinary England

 

and Wales Supreme Court judges;

 

(c)    

one ordinary England and Wales Supreme Court judge is

 

senior to another if that first judge has served longer as a judge

 

of the Supreme Court (whether over one or more periods and

 

whether or not including one or more previous periods as

 

President or Deputy President of the Court).

 

(5)    

In subsection (4) “ordinary England and Wales Supreme Court judge”

 

means an England and Wales Supreme Court judge who is neither the

 

President of the Court nor the Deputy President.

 

(6)    

Service as a Lord of Appeal in Ordinary counts as service as a judge

 

of the Supreme Court for the purposes of subsection (4)(c).

 

(7)    

In sections 71 and 71A and this section “England and Wales Supreme

 

Court judge” means a judge of the Supreme Court who has held high

 

judicial office in England and Wales before appointment to the Court.”

 

      (4)  

In paragraph 11(3) of Schedule 12 (functions of the chairman of the Judicial

 

Appointments Commission which, in the chairman’s absence, are not

 

exercisable by the vice-chairman) after paragraph (b) insert—

 

“(ba)    

section 71A;”.

 

      (5)  

An amendment made by this paragraph does not have effect in relation to a

 

request under section 69 of the Constitutional Reform Act 2005 received by the

 

Judicial Appointments Commission before the amendment comes into force.’.

 


 

Secretary Theresa May

 

Agreed to  59

 

Page  261,  line  3  [Schedule  14],  leave out paragraph 4.

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO BAILIFFS

 

Enforcement services

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Negatived on division  NC7

 

To move the following Clause:—

 

‘(1)    

The Legal Services Act 2007 is amended as follows.

 

(2)    

After section 125 insert—

 

“125A    

Extension of Part 6 to enforcement services

 

      (1)  

For the purposes of this Part (and sections 1, 21 and 27 as they apply

 

in relation to this Part)—


 
 

Report Stage Proceedings: 13 March 2013                  

301

 

Crime and Courts Bill[Lords], continued

 
 

(a)    

the Bailiffs and Enforcement Agents Council is to be treated

 

as an approved regulator;

 

(b)    

enforcement services are to be treated as a reserved legal

 

activity;

 

(c)    

a person authorised under sections 63 and 64 of the Tribunals

 

Courts and Enforcement Act services is to be treated as an

 

authorised person in relation to that activity;

 

(d)    

the Bailiffs and Enforcement Agents Council is to be treated

 

as a relevant authorising body in relation to such a person, and

 

(e)    

regulations under the Tribunals Courts and Enforcement Act

 

2007 and the National Standards for Enforcement Agents are

 

to be treated as regulatory arrangements of the Bailiffs and

 

Enforcement Agents Council as an approved regulator.

 

      (2)  

For the purposes of sections 112 and 145 (as extended by this section),

 

a person authorised under sections 63 and 64 of the Tribunals Courts

 

and Enforcement Act, is to be treated as a “relevant authorised person”

 

in relation to the Regulator.”.’.

 


 

Protection of vulnerable debtors

 

Mr Robert Buckland

 

Not called  NC17

 

To move the following Clause:—

 

‘(1)    

At any time after a notice required under paragraph 7, Schedule 12 of the

 

Tribunals, Courts and Enforcement Act 2007 is served on a debtor, the debtor

 

may apply to the court to stay or suspend the notice on terms on either of the

 

following grounds—

 

(a)    

the enforcement action being taken is disproportionate to the debt and

 

circumstances involved; and

 

(b)    

the debtor’s goods may be insufficient in value to satisfy the debt

 

involved.

 

(2)    

The court may, in its discretion and if satisfied with the above grounds, suspend

 

or stay any judgment or order given or made in prior proceedings for such time

 

and on such terms as the court thinks fit.

 

(3)    

Enforcement proceedings under Schedule 12 of the Tribunals, Courts and

 

Enforcement Act 2007 are proceedings for the purposes of section 71(2) and

 

section 88 of the County Court Act 1984.

 

(4)    

Subject to the regulations under section 64 of the Tribunals, Courts and

 

Enforcement Act 2007 complaints against holders of certificates shall be

 

considered by a designated judge and may include both complaints regarding

 

compliance with the terms of certification as well as the exercise of legal powers

 

under the Tribunals, Courts and Enforcement Act 2007. Further to which—

 

(a)    

the designated judge may, on consideration of a complaint, exercise

 

powers under section 64 to suspend or cancel a holder’s certificate; and

 

(b)    

the designated judge shall publish an annual report.

 

(5)    

The Lord Chancellor shall periodically review data concerning complaints

 

against holders of certificates, update guidance where evidence of bad practice


 
 

Report Stage Proceedings: 13 March 2013                  

302

 

Crime and Courts Bill[Lords], continued

 
 

arises and respond to any recommendations set out in a report under subsection 2

 

within six months.’.

 


 

AMENDMENTS TO CLAUSE 23, CLAUSE 31 AND SCHEDULE 15

 

Mr Elfyn Llwyd

 

Not called  105

 

Page  267,  line  21  [Schedule  15],  leave out ‘exceptional’.

 

Mr Elfyn Llwyd

 

Not called  106

 

Page  267,  line  15  [Schedule  15],  at end insert—

 

‘(a)    

have regard for the need to promote rehabilitation.’.

 

Mr Elfyn Llwyd

 

Not called  107

 

Page  267,  line  15  [Schedule  15],  leave out ‘must’ and insert ‘may’.

 

Mr Elfyn Llwyd

 

Not called  108

 

Page  267,  line  20  [Schedule  15],  at end insert—

 

‘(d)    

a punishment requirement may include—

 

(i)    

an accredited programme,

 

(ii)    

a drug requirement,

 

(iii)    

a curfew,

 

(iv)    

attending centre,

 

(v)    

mental health requirement,

 

(vi)    

specified activity,

 

(vii)    

prohibitive activity,

 

(viii)    

unpaid work, or

 

(ix)    

exclusion.’.

 


 

Secretary Theresa May

 

Agreed to  110

 

Page  268,  line  24  [Schedule  15],  at end insert—

 

‘(5A)    

In a case where there is such a restorative justice requirement, a person

 

running the activity concerned must in doing that have regard to any

 

guidance that is issued, with a view to encouraging good practice in

 

connection with such an activity, by the Secretary of State.’.

 

Paul Goggins

 

Jenny Chapman

 

Not called  101

 

Page  268,  line  30  [Schedule  15],  at end insert—


 
 

Report Stage Proceedings: 13 March 2013                  

303

 

Crime and Courts Bill[Lords], continued

 
 

‘8         

The Secretary of State shall provide an annual report to Parliament on progress

 

in the development and delivery of restorative justice in the criminal justice

 

system.’.

 


 

Mr Elfyn Llwyd

 

Not called  109

 

Page  272,  line  39  [Schedule  15],  at end insert—

 

‘22A (1)  

Schedule 8 to the Criminal Justice Act 2003 is amended as follows.

 

      (2)  

In paragraph 9(1) (powers of magistrates’ court) after paragraph (a) insert—

 

“(aa)    

by restating the requirements with which the offender must

 

comply and warning the offender of the consequences if he

 

fails on a further occasion to comply with any of the

 

requirements of the order;”.

 

      (3)  

In paragraph 9(6) after “(a),” insert “(aa),”.

 

      (4)  

In paragraph 10(1) (powers of Crown Court) after paragraph (a) insert—

 

“(aa)    

by restating the requirements with which the offender must

 

comply and warning the offender of the consequences if he

 

fails on a further occasion to comply with any of the

 

requirements of the order;”.’.

 


 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Pat Glass

 

Helen Goodman

 

Lisa Nandy

 

Not called  99

 

Page  277,  line  5  [Schedule  15],  at end insert—

 

‘Part 7A

 

Female Offenders

 

      (1)  

That contracts made by the Secretary of State for the supervision of offenders

 

shall require the provider to make appropriate provision for the delivery of

 

services to female offenders.

 

      (2)  

Appropriate provision under sub-paragraph (1) shall include provision to

 

participate in programmes designed to change offending behaviour with the

 

particular circumstances of women in mind.

 

      (3)  

That the Secretary of State shall in each year—

 

(a)    

publish a strategy for the delivery of appropriate and effective services

 

for female offenders in the criminal justice system;

 

(b)    

report to Parliament on progress made in the delivery of appropriate

 

and effective services to female offenders.’.

 



 
 

Report Stage Proceedings: 13 March 2013                  

304

 

Crime and Courts Bill[Lords], continued

 
 

Jenny Chapman

 

David Hanson

 

Stella Creasy

 

Not called  104

 

Page  278,  line  13  [Schedule  15],  at end add—

 

‘Part 9

 

Reorganisation of the National Probation Service

 

    (1)  

The Offender Management Act 2007 is amended as follows.

 

      (2)  

After section 15 insert—

 

“15A      

Power to reorganise the National Probation Service

 

      (1)  

Any plans to reorganise the Probation Service for England and

 

Wales must be instituted by regulations.

 

      (2)  

Regulations under subsection (1) shall be subject to the affirmative

 

resolution procedure of each House of Parliament.”.’.


 
previous section contents
 

© Parliamentary copyright
Revised 14 March 2013