Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the First Marshalled List]

Schedule 1

LORD RAMSBOTHAM

 

Page 130, line 12, at end insert—

“( ) Civil legal services provided in relation to rights to enter and to remain in the United Kingdom to a specified person.”

 

Page 130, line 39, at end insert—

““specified person” means a person—

(a) under the age of 18; or

(b) such other class of person as may be specified by the Secretary of State in regulations.”

 

Page 136, line 14, at end insert—

“Children

38A (1) Civil legal services provided to a child.

(2) In this paragraph “child” means a person under the age of 18.

(3) Sub-paragraph (1) is not subject to the exclusions in Parts 2 and 3 of this Schedule, with the exception of paragraphs 9 to 11, and 13 and 14 of Part 2.

(4) Sub-paragraph (1) does not permit services to be provided in relation to sections 12, 14 or 15.”

Clause 23

BARONESS LISTER OF BURTERSETT

 

Page 19, line 10, at end insert—

“(6) Where a magistrates’ court has proceeded in the absence of an offender and the court has imposed a fine following conviction any warrant to enforce a fine or other financial penalty, the court may at any time suspend or withdraw the warrant and the matter returned to the court which convicted the offender or such other responsible court within jurisdiction for the area in which the offender resides (“the responsible court”).

(7) Regulations shall be made enabling a court, Her Majesty’s Court Service or any person employed to enforce a warrant against a convicted person, to suspend or withdraw the warrant and return the matter to the court which convicted the offender or the responsible court as in subsection (6).

(8) Any person enforcing a warrant for a levy of distress or an execution against goods on behalf of a magistrates’ court shall be paid a single fee in respect of the work undertaken on the warrant to recover the fine or debt.

(9) Where any person enforcing a warrant for a levy of distress or an execution against goods on following a fine or other order imposed by a magistrates’ court fails to recover the payment of the fine or discovers no or insufficient goods exist that person shall return the matter to the court which imposed the fine or the responsible court in subsection (6) in order that another enforcement method for the recovery of the money owed may be undertaken.

(10) Regulations made under subsection (7) shall include the steps to be taken in a case where following conviction it is discovered that the convicted person falls into a “vulnerable category” for the purposes of page 9 of the National Standards for Enforcement Agents or as may be prescribed.

(11) Where on enforcing a warrant for a levy of distress or an execution against goods the person enforcing the warrant discovers that the convicted person falls into a vulnerable category for the purposes of page 9 of the National Standards for Enforcement Agents or under regulations made in subsection (10), it shall be the duty of the person enforcing the warrant to return the matter to the magistrates’ court or the responsible court as the case may be for further consideration of the enforcement steps to be taken.”

Clause 43

LORD ALTON OF LIVERPOOL

 

Page 30, line 23, at end insert—

“( ) The amendments made by this section do not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from exposure to harmful substance.”

Clause 45

LORD ALTON OF LIVERPOOL

 

Page 32, line 29, at end insert—

“( ) The amendment made by this section does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from exposure to a harmful substance.”

Clause 46

LORD ALTON OF LIVERPOOL

 

Page 32, line 36, at end insert—

“( ) The repeal made by subsection (1) does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from exposure to a harmful substance.”

Clause 63

LORD RAMSBOTHAM

 

Page 47, line 6, at end insert—

“(c) omit sub-paragraph (c)”

 

Page 47, line 19, at end insert—

“(c) omit sub-paragraph (c)”

Clause 73

LORD RAMSBOTHAM

 

Page 53, line 9, at beginning insert—

“( ) In section 16(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty or power to refer certain young offenders to youth offender panels) for “18” substitute “21”.”

 

Page 53, line 17, at end insert—

“(2A) In section 18 of that Act (making of referral orders: general)—

(a) in subsection (1)(a) after “team” insert “or probation trust”, and

(b) in subsection (2) after “team” insert “or probation trust”.

(2B) In section 21 of that Act (establishment of panels)—

(a) in subsection (3)(a) after “team” insert “or probation trust”,

(b) in subsection (3)(b) after “team” insert “or probation trust”,

(c) in subsection (5) after “team” wherever it appears insert “or probation trust”,

(d) in subsection (6)(a) after “team” insert “or probation trust”,

(e) in subsection (6)(b) after “team” wherever it appears insert “or probation trust”, and

(f) in section (6)(c) after “team” insert “or probation trust”.

(2C) In section 27(1) of that Act (final meeting) after “team” insert “or probation trust”.

(2D) In section 29(1) of that Act (functions of youth offending teams)—

(a) in subsection (1) after “team” insert “or probation trust”,

(b) in subsection (2)(a) after “team” insert “or probation trust”, and

(c) in subsection (3) after “team” insert “or probation trust”.”

Prepared 21st December 2011