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| |
| |
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| | (b) | the chairman of the Commission is incapacitated. |
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| | (11) | In those cases the third member of the Commission is a lay member of |
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| | the Commission selected by the lay members of the Commission other |
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| | |
| | (12) | Only the following may be a nominee under subsection (3), (4) or |
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| | (9)(a) or designated under subsection (9)(b)— |
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| | (a) | an England and Wales Supreme Court judge, |
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| | (b) | a Head of Division, or |
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| | (c) | an ordinary judge of the Court of Appeal in England and |
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| | |
| | (13) | Only a lay member of the Commission may be a nominee under |
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| | |
| | (14) | Only the following may be designated under subsection (7)— |
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| | (a) | an England and Wales Supreme Court judge, |
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| | (b) | a senior judge (as defined by section 109(5)), |
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| | (c) | the holder of an office listed in Schedule 14, or |
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| | (d) | a member of the Commission. |
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| | (15) | A person may not be a nominee under this section, or be designated |
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| | under this section, if the person is disqualified. |
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| | (16) | The first member is the chairman of the panel. |
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| | (17) | A person is disqualified for the purposes of this section if— |
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| | (a) | the person is the current holder of the office for which a |
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| | selection is to be made, or |
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| | (b) | the person is willing to be considered for selection. |
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| | 71B | Sections 71 and 71A: diversity and interpretation |
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| | (1) | Subsection (2) applies where a person chooses a person to be a |
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| | member of a selection panel under section 71 or 71A (whether as a |
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| | nominee, as a designated member or otherwise). |
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| | (2) | The person making the choice must, in doing so, have regard |
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| | (alongside all other relevant considerations) to the fact that it is |
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| | desirable that the members of the panel should include— |
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| | (a) | both women and men, and |
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| | (b) | members drawn from a range of different racial groups; |
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| | | 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 |
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| | being incapacitated are to the person being incapacitated in the |
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| | 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 |
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| | |
|
|
| |
| |
|
| | (b) | the Deputy President of the Supreme Court, if an England and |
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| | 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— |
|
| | |
| | (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.’. |
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| |
| |
| | |
| Page 261, line 3 [Schedule 14], leave out paragraph 4. |
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| |
| NEW CLAUSES AND NEW SCHEDULES RELATING TO BAILIFFS |
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| | |
| |
| |
| |
| | 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)— |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
|
|
| |
| |
|
| | arises and respond to any recommendations set out in a report under subsection 2 |
|
| | |
| |
| AMENDMENTS TO CLAUSE 23, CLAUSE 31 AND SCHEDULE 15 |
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| |
| | |
| Page 267, line 21 [Schedule 15], leave out ‘exceptional’. |
|
| |
| | |
| Page 267, line 15 [Schedule 15], at end insert— |
|
| | ‘(a) | have regard for the need to promote rehabilitation.’. |
|
| |
| | |
| Page 267, line 15 [Schedule 15], leave out ‘must’ and insert ‘may’. |
|
| |
| | |
| Page 267, line 20 [Schedule 15], at end insert— |
|
| | ‘(d) | a punishment requirement may include— |
|
| | (i) | an accredited programme, |
|
| | |
| | |
| | |
| | (v) | mental health requirement, |
|
| | |
| | (vii) | prohibitive activity, |
|
| | |
| | |
| |
| |
| | |
| 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.’. |
|
| |
| |
| | |
| Page 268, line 30 [Schedule 15], at end insert— |
|
|
|
| |
| |
|
| | ‘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 |
|
| | |
| |
| |
| | |
| 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;”.’. |
|
| |
| |
| |
| |
| |
| |
| |
| | |
| Page 277, line 5 [Schedule 15], at end insert— |
|
| | |
| | |
| | (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.’. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Page 278, line 13 [Schedule 15], at end add— |
|
| | |
| | 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.”.’. |
|
|