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| | Criminal Justice and Courts Bill
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| | | On consideration of a Lords Reason for insisting on an Amendment |
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| | | To move, That this House disagrees with the Lords in their Amendment No. 74. |
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| | | To move, That this House proposes the following amendment to the Bill in lieu of |
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| | Page 72, line 18, at end insert— |
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| | | “(6) | Subsection (7) applies to an order under this section the effect of which is to bring |
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| | | into force the Secretary of State’s power to provide secure colleges for the |
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| | | detention of any or all of the following— |
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| | | (a) | persons who are male and aged under 15; |
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| | | (b) | persons who are female. |
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| | | (7) | A statutory instrument containing the order may not be made unless a draft of the |
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| | | instrument has been laid before, and approved by a resolution of, each House of |
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| | | (8) | The reference in subsection (6) to the Secretary of State’s power to provide secure |
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| | | colleges is to the power under section 43(1)(c) of the Prison Act 1952 (as inserted |
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| | | by section 29 of this Act).” |
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| | | On Consideration of a Lords Amendment in lieu of Lords Amendments disagreed to by |
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| | | To move, That this House disagrees with the Lords in their Amendment. |
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| | | To move, That this House proposes the following amendments to the Bill in lieu |
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| | Page 65, line 3, at end insert— |
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| | | “(2B) | The court may disregard the requirements in subsection (2A)(a) and (b) if it |
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| | | considers that it is appropriate to do so for reasons of exceptional public interest. |
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| | | (2C) | If the court grants relief or makes an award in reliance on subsection (2B), the |
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| | | court must certify that the condition in subsection (2B) is satisfied.”” |
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| | Page 65, line 13, at end insert— |
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| | | “(3D) | The court may disregard the requirement in subsection (3C) if it considers that it |
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| | | is appropriate to do so for reasons of exceptional public interest. |
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| | | (3E) | If the court grants leave in reliance on subsection (3D), the court must certify that |
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| | | the condition in subsection (3D) is satisfied.”” |
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| | Page 65, line 21, for “section 31(2A)” substitute “subsections (2A) and (2B) of section |
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| | Page 65, line 22, for “applies” substitute “apply” |
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| | Page 65, line 23, for “it applies” substitute “they apply” |
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| | Page 65, line 25, at end insert— |
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| | | “(5B) | If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act |
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| | | 1981 as applied by subsection (5A), the tribunal must certify that the condition in |
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| | | section 31(2B) as so applied is satisfied.”” |
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| | Page 65, line 40, at end insert— |
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| | | “(3E) | The tribunal may disregard the requirement in subsection (3D) if it considers that |
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| | | it is appropriate to do so for reasons of exceptional public interest. |
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| | | (3F) | If the tribunal grants permission in reliance on subsection (3E), the tribunal must |
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| | | certify that the condition in subsection (3E) is satisfied.”” |
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| | Page 65, line 42, for “section 31(2A)” substitute “subsections (2A) and (2B) of section |
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| | Page 65, line 43, for “applies” substitute “apply” |
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| | Page 65, line 44, for “it applies” substitute “they apply” |
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| | Page 65, line 46, at end insert— |
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| | | “(6B) | If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts |
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| | | Act 1981 as applied by subsection (6A), the tribunal must certify that the |
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| | | condition in section 31(2B) as so applied is satisfied.”” |
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| | | On Consideration of a Lords Reason for insisting on Amendments |
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| | | To move, That this House insists on its disagreement with the Lords in their |
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| | | Amendments Nos 103 to 106. |
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| | | To move, That this House proposes the following amendments to the Bill in lieu |
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| | Page 66, line 21, at end insert— |
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| | | “(3AA) | Rules of court under subsection (3)(b) that specify information identifying those |
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| | | who are, or are likely to be, sources of financial support must provide that only a |
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| | | person whose financial support (whether direct or indirect) exceeds, or is likely |
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| | | to exceed, a level set out in the rules has to be identified. |
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| | | | This subsection does not apply to rules that specify information described in |
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| | Page 66, line 43, at end insert— |
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| | | “(3AA) | Tribunal Procedure Rules under subsection (3)(b) that specify information |
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| | | identifying those who are, or are likely to be, sources of financial support must |
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| | | provide that only a person whose financial support (whether direct or indirect) |
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| | | exceeds, or is likely to exceed, a level set out in the rules has to be identified. |
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| | | | This subsection does not apply to rules that specify information described in |
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