Crime and Courts Bill [HL]

Page 38, line 29, at end insert—

“( ) Paragraph 12(1) does not apply to a member of a special police force who is an NCA officer by virtue of a secondment.

(1) The Director General may make arrangements for NCA officers to be seconded to a UK police force.

(2) An NCA officer who is seconded to a UK police force is, whilst on secondment, under the direction and control of the chief officer of the police force (but is not a member of the police force).”

Page 38, line 39, leave out from “prevent” to “the” in line 40 and insert “provision being made for—

(a) the reimbursement of”

Page 39, line 1, leave out “providing for”

Page 39, line 3, leave out “providing for”

Page 39, line 4, leave out “of salary”

Page 43, line 6, leave out “any NCA function” and insert “—

(a) the crime-reduction function,

(b) the criminal intelligence function, or

(c) functions conferred by the Proceeds of Crime Act 2002.”

Page 43, line 22, at end insert—

4A (1) Each specified body must keep the Director General informed of any information held by that body which—

(a) is held in connection with the exercise of a relevant function of that body, and

(b) appears to that body to be relevant to the exercise by the NCA of—

(i) the crime-reduction function,

(ii) the criminal intelligence function, or

(iii) functions conferred by the Proceeds of Crime Act 2002.

(2) Where a specified body informs the Director General of such information, that body must disclose to the NCA any of that information which the Director General requests that body to disclose.

(3) This paragraph does not require a specified body to keep the Director General informed of information which appears to that body to be information obtained (whether directly or indirectly) from the NCA.

(4) This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director of the SFO may require a person to produce etc).

4B (1) The Director General must keep each specified body informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that specified body of any relevant function for the purposes of carrying out activities to combat crime.

(2) This paragraph does not require the Director General to keep a specified body informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that body.

4C In paragraphs 4A and 4B—

(a) “specified body” means a body specified in the first column of this table;

(b) “relevant function”, in relation to such a body, means a function that falls within the functions specified in relation to that body in the second column of this table.

Page 45, line 8, leave out “a police force” and insert “an England and Wales police force or a direction to the Chief Constable of the British Transport Police”

Page 51, line 20, at end insert—

30A (1) The Secretary of State may, by order, amend paragraph 4C of this Schedule by making any of the following kinds of provision—

(a) provision adding a person to the specified bodies in the relevant table;

(b) provision specifying in the relevant table one or more relevant functions in relation to—

(i) the Secretary of State, or

(ii) a person added to the specified bodies by virtue of sub-paragraph (a);

(c) provision removing from the relevant table provision made by virtue of sub-paragraph (a) or (b).

(2) But the Secretary of State may not add any of the following to the specified bodies—

(a) a person operating only in Scotland;

(b) a person operating only in Northern Ireland.

(3) Before making provision under this paragraph which adds a person to the specified bodies, the Secretary of State must consult that person.

(4) In this paragraph “relevant table” means the table in paragraph 4C.”

Page 59, line 4, at end insert “and”

Page 63, leave out line 43

Page 64, line 27, at end insert—

“(3) In this paragraph “enactment” includes a description of enactments.”

Page 10, line 30, leave out paragraph (d) and insert—

“(d) omit subsection (7).”

Page 10, line 38, after “officer” insert “(including the duty of the Director General under paragraph 4 or 4B of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA)”

Page 76, line 19, leave out sub-paragraph (ii)

Page 76, line 25, leave out “(a “designated transferee”)”

Page 76, line 26, at end insert—

“(aa) for a designated member of the staff of the NPIA to become employed in the civil service of the state—

(i) as an NCA officer, or

(ii) in the Home Office;”

Page 76, line 30, at end insert “or in the Home Office”

Page 76, line 31, after “NCA” insert “or the Secretary of State”

Page 76, line 37, after “NCA” insert “or the Secretary of State”

Page 76, line 38, leave out “an NCA officer” and insert “employed in the civil service of the state under a staff transfer scheme”

Page 76, line 43, leave out “an NCA officer” and insert “employed in the civil service of the state”

Page 76, line 43, leave out “such a member of staff” and insert “so employed”

Page 77, line 6, leave out “an NCA officer” and insert “employed in the civil service of the state”

Page 77, line 12, leave out “as an NCA officer” and insert “in the civil service of the state”

Page 77, line 22, leave out paragraph (b)

Page 77, line 25, at end insert—

“or for the transfer to the NCA or the Secretary of State of designated property, rights or liabilities from the NPIA.”

Page 77, line 32, after “NCA” insert “or the Secretary of State;

(ba) provide for anything done by a transferor which gives rise to criminal liability to be treated as done by the NCA or the Secretary of State and, in such a case, provide that Crown immunity does not affect the criminal liability of the NCA or Secretary of State;”

Page 77, line 41, after “document” insert “or other instrument, contract or legal proceedings”

Page 77, line 42, after “NCA” insert “or the Secretary of State”

Page 78, line 6, at end insert—

““designated transferee” means a person in respect of whom a staff transfer scheme makes provision of the kind referred to in paragraph 2(1)(a) or (aa);

“Home Office” means the department of the Secretary of State having responsibility for policing;

“instrument” includes a designation, authorisation, warrant, or order of any court;”

Page 78, line 15, at end insert—

5A (1) The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.

(2) The transfer of a function does not affect the validity of anything done before the transfer.

(3) Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

(4) Where anything—

(a) relates to the transferred function, and

(b) is in the process of being made or done by or in relation to the transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

(5) Where anything—

(a) relates to the transferred function,

(b) has been made or done by or in relation to the transferor, and

(c) is in effect immediately before the transfer takes effect,

it has effect afterwards as if made or done by or in relation to the transferee.

(6) The transferee is to be substituted for the transferor in any documents and other instruments, contracts or legal proceedings which—

(a) relate to the transferred function, and

(b) are made or commenced before the transfer takes effect.

(7) The Secretary of State may, by direction, determine any question under this paragraph as to—

(a) whether there has been a transfer of a particular function, or

(b) the person to whom there has been a transfer of a particular function.

(8) The preceding provisions of this paragraph are without prejudice to the powers under section 32 (transitional, transitory or saving provision).

(9) The following provisions of this paragraph apply for the purposes of this paragraph.

(10) A reference to—

(a) the abolition of SOCA includes a reference to the ending of a person’s membership of SOCA or membership of the staff of SOCA;

(b) the abolition of the NPIA includes a reference to the ending of a person’s membership of the NPIA or membership of the staff of the NPIA.

(11) A reference to the transfer of a function is a reference to—

(a) the transfer of a SOCA function by or under this Act,

(b) the transfer of an NPIA function by or under this Act, and

(c) the assumption of a third party function by the NCA.

(12) For that purpose—

(a) the reference to the transfer of a SOCA function or NPIA function by or under this Act includes a reference to a case where—

(i) a SOCA function or NPIA function is abolished, and

(ii) a corresponding function is conferred on another person,

by or under this Act;

(b) the reference to the assumption of a third party function by the NCA is a reference to the case where—

(i) a function (other than a SOCA function or an NPIA function) is exercisable before the changeover by a person (the “third party”),

(ii) a corresponding function is included in the NCA functions, and

(iii) a person employed by, or otherwise serving, the third party wholly or partly for the purpose of the exercise of the function becomes an NCA officer under a staff transfer scheme;

and references to the transferred function, the transferor and the transferee are to be read accordingly.

(13) A reference to a thing being, or having been, made or done includes—

(a) a reference to—

(i) a document or other instrument being, or having been, made or otherwise produced,

(ii) a contract being, or having been, agreed, and

(iii) legal proceedings being, or having been, brought; and

(b) a reference to a thing being, or having been, made or done under—

(i) a document or other instrument,

(ii) a contract, or

(iii) legal proceedings.

(14) A reference to a thing which relates to a transferred function includes a reference to a thing made or done for the purposes of, or otherwise in connection with, a transferred function.

(15) These expressions have the meanings given—

“instrument” includes a designation, authorisation, warrant, or order of any court;

“NPIA functions” means functions of—

(a) the NPIA,

(b) a member of the NPIA, or

(c) a member of the staff of the NPIA;

“SOCA functions” means functions of—

(a) SOCA,

(b) a member of SOCA, or

(c) a member of the staff of SOCA.

5B (1) After the changeover, the subordinate legislation specified in an entry in the first column of the following table—

(a) continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the provision of this Act specified in the corresponding entry in the second column; and

(b) may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

(2) Insofar as subordinate legislation continues to have effect by virtue of sub-paragraph (1), it does so subject to the following modifications.

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)

The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)

(3) The modifications applicable to any subordinate legislation by virtue to sub-paragraph (2) are in addition to any other modifications applicable to that subordinate legislation (whether by virtue of Part 4 of Schedule 8 or otherwise).

(4) The preceding provisions of this paragraph are without prejudice to sections 31 (consequential amendments) and 32 (transitional, transitory or saving provision).”

Page 82, line 2, leave out paragraph 17

Page 84, line 2, leave out “this Schedule” insert “Schedule 8 to the Crime and Courts Act 2013”

Page 84, line 10, leave out “this Schedule” insert “Schedule 8 to the Crime and Courts Act 2013”

Page 84, line 14, after “25(2)(k)” insert “or 26(2)(g)”

Page 84, line 25, at end insert—

“(2) In section 27B of that Act (actions for recovery of property for purposes of an external order), in subsection (8), for paragraph (a) substitute—

“(a) the National Crime Agency,”.

27A (1) Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits) is amended in accordance with this paragraph.

(2) In that section (before its amendment by the Road Safety Act 2006), in subsection (2)(a) and (b), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

(3) In that section (after its amendment by the Road Safety Act 2006), in subsection (1)(a), for “Serious Organised Crime Agency” substitute “National Crime Agency”.”

Page 84, line 44, at end insert—

28A (1) Section 2C of the Ministry of Defence Police Act 1987 (constables serving with SOCA) is amended in accordance with this paragraph.

(2) In the title, for “Serious Organised Crime Agency” substitute “National Crime Agency”.

(3) In subsection (1)—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) in paragraph (b), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.

(4) In subsection (2)(a), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.

28B (1) In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in accordance with this paragraph.

(2) In the first sentence—

(a) for “SOCA instructor” substitute “NCA instructor”;

(b) for “Serious Organised Crime Agency” substitute “National Crime Agency”.

(3) In the second sentence—

(a) for “SOCA” substitute “NCA”;

(b) for “a member of staff of the Serious Organised Crime Agency” substitute “an NCA officer”;

(c) for “members of the Agency’s staff” substitute “NCA officers”.”

Page 85, line 12, leave out from “(1)(e),” to end of line 13 and insert “for “of the Serious Organised Crime Agency” substitute “an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013)”.”

Page 86, line 2, leave out from beginning to second “in” and insert—

“(1) Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph.

(2) ”

Page 86, line 10, at end insert—

“(3) In subsection (6)(a)—

(a) omit “(cf), (cg)”;

(b) after “(ci)” insert “, (cj)”.

(4) In subsection (8), omit “(cf), (cg)”.

(5) After subsection (8) insert—

“(8A) A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated for the purposes of sections 59, 60 or 64 as if the person were a member of that police force.”.

44A The Employment Rights Act 1996 is amended as follows.

44B In section 43KA (application of this Part and related provisions to police), in subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “National Crime Agency to serve as a National Crime Agency officer”.

44C In section 134A (application to police), in subsection (3), for “Serious Organised Crime Agency” substitute “National Crime Agency”.”

Page 87, line 4, at end insert—

53A The Immigration and Asylum Act 1999 is amended as follows.

53B In section 20 (supply of information to Secretary of State), in subsection (1)(b), for “Serious Organised Crime Agency” substitute “National Crime Agency”.

53C (1) Section 21 (supply of information by Secretary of State) is amended in accordance with this paragraph.

(2) In subsection (2), for paragraph (b) substitute—

“(b) the National Crime Agency, for use in connection with the discharge of any function of that Agency;”.

(3) Omit subsection (4).”

Page 88, line 3, leave out from “(2),” to end of line 5 and insert “omit paragraph (c).”

Page 90, line 9, leave out from “(7),” to end of line 11 and insert “omit paragraph (b).”

Page 93, line 37, at end insert—

“117A In section 333A (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.”

Page 96, line 6, leave out “omit paragraph (b).” and insert “for paragraphs (b) and (c) substitute—

“(b) the Director General of the National Crime Agency.”

138A (1) Section 59A of the Energy Act 2004 (constables serving with SOCA) is amended in accordance with this paragraph.

(2) In the title, for “Serious Organised Crime Agency” substitute “National Crime Agency”.

(3) In subsection (1)—

(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.

(4) In subsection (2), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.”

Page 97, line 21, leave out paragraphs 155 and 156

Page 99, line 10, at end insert—

167A The Equality Act 2010 is amended as follows.

167B In section 42 (identity of employer), in subsections (4) and (5), for “SOCA” substitute “NCA”.

167C In section 43 (interpretation), for subsection (5) substitute—

“(5) “NCA” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer.”.

167D In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious Organised Crime Agency.””

Page 99, line 14, at end insert—

169 In section 95 of the Protection of Freedoms Act 2012 (effect on police and other records of disregard of conviction or caution), in subsection (5), in the definition of the names database, for “National Policing Improvement Agency” substitute “Secretary of State”.

170 In the following enactments, for “Serious Organised Crime Agency” substitute “National Crime Agency” (and, where that expression appears in more than one place in such an enactment, that substitution is made in each such place)—

171 In the following enactments, for “Director General of the Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”—

172 In the following enactments—

(a) for “Serious Organised Crime Agency” substitute “National Crime Agency”; and

(b) for “Director General of the Serious Organised Crime Agency” or “Director General of that Agency” substitute “Director General of the National Crime Agency”—

173 The following enactments are repealed to the extent specified—

174 (1) In any relevant subordinate legislation—

(a) a reference (however expressed) of a kind specified in an entry in the first column of the following table is to be read as being, or including, a reference of the kind specified in the corresponding entry in the second column of the table; and

(b) related expressions are to be read accordingly.

(2) The preceding provision of this paragraph is without prejudice to section 31 (consequential amendments).

(3) In this paragraph “relevant subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made before the end of the Session of Parliament in which this Act is passed under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act of the Northern Ireland Assembly, or

(d) a Measure or Act of the National Assembly for Wales.”

Page 12, line 13, leave out “Authority”

Insert the following new Clause—

“Youth courts to have jurisdiction to grant gang-related injunctions

(1) Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

(2) In section 49(1) (interpretation of Part 4) for the definition of “court” substitute—

““court” (except in Schedule 5A)—

(a) in the case of a respondent aged under 18, means a youth court, and

(b) in any other case, means the High Court or the county court,

but this is subject to any provision in rules of court that is or could be made under section 48(4);”.

(3) In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from “means” to the end substitute “means a judge of the court that granted the injunction, except that where—

(a) the respondent is aged 18 or over, but

(b) the injunction was granted by a youth court,

it means a judge of the county court.”

(4) In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert—

“(4) In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

(a) provide for the transfer of the proceedings from a youth court to the High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remain in a youth court.”

(5) Schedule (Gang-related injunctions: further amendments) (which makes consequential and related amendments in the Policing and Crime Act 2009) has effect.

(6) Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision.”

Page 116, line 20, leave out sub-paragraph (2)

Page 119, leave out lines 5 and 6

Insert the following new Schedule—

1 Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

2 After section 46A insert—

46B Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court made under this Part.

(2) On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a youth court) is to be treated for the purposes of section 42 as an order of a youth court.”

3 In section 48 (rules of court in relation to injunctions under Part 4)—

(a) in subsection (2) (rules of court may provide for appeal without notice) omit “of the High Court or county court”, and

(b) in subsection (3) (decisions to which subsection (2) applies) for “applies to a decision” substitute “applies—

(a) to a decision under section 39(4)(a) that an application without notice be dismissed, and

(b) to a decision”.

4 In section 49(1) (interpretation of Part 4) after the definition of “court” insert—

““judge”, in relation to a youth court, means a person qualified to sit as a member of that court;”.

5 In paragraph 1(2) of Schedule 5 (courts’ powers to remand person suspected of breaching injunction: meaning of “the court”)—

(a) for “High Court or” substitute “High Court,”,

(b) before “and includes” insert “or a youth court”,

(c) omit the “and” following paragraph (a), and

(d) at the end of paragraph (b) insert “, and

(c) in relation to a youth court, a judge of that court.”

6 Schedule 5A (breach of injunction: powers of court in respect of under-18s) is amended as follows.

7 (1) Paragraph 1 (power to make supervision order or detention order) is amended as follows.

(2) In sub-paragraph (1) (pre-conditions for making of supervision order or detention order)—

(a) in paragraph (a) for “is” substitute “has been”,

(b) before the “and” after paragraph (a) insert—

“(aa) the person is still under the age of 18,”,

(c) in paragraph (b) for “the court” substitute “a youth court”, and

(d) in the words following paragraph (b) for “the court” substitute “that court”.

(3) Omit sub-paragraph (3) (power to grant supervision order or detention order is in addition to any other power of the court in relation to breach of injunction).

(4) In sub-paragraph (9) (interpretation of Schedule 5A) omit the definition of “appropriate court”.

8 In paragraph 4(11) (appropriate court may amend activity requirement in supervision order) for “the appropriate” substitute “a youth”.

9 In paragraph 5(5) (appropriate court may amend curfew requirement in supervision order) for “the appropriate” substitute “a youth”.

10 In paragraph 6(7) (appropriate court may amend electronic monitoring requirement in supervision order) for “the appropriate” substitute “a youth”.

11 In paragraph 8 (amendment of operative period of supervision order)—

(a) in sub-paragraph (1) (appropriate court may amend operative period) for “The appropriate” substitute “A youth”, and

(b) in sub-paragraph (2) (court may make other amendments when amending operative period) for “The court may,” substitute “A youth court may,”.

12 In paragraph 9(1) (change of area of residence of person subject to supervision order) for “the appropriate” substitute “a youth”.

13 In paragraph 10(1) and (4) (application for revocation of supervision order to be made to appropriate court, and any further such application requires that court’s consent) for “the appropriate” substitute “a youth”.

14 In paragraph 12 (non-compliance with supervision order)—

(a) in sub-paragraph (2) (injunction applicant may apply to appropriate court on being informed of non-compliance) for “the appropriate” substitute “a youth”,

(b) omit sub-paragraph (5) (no power to make further order if defaulter is aged 18 or over), and

(c) omit sub-paragraph (6) (powers to revoke supervision order etc are in addition to any other powers of court in relation to breach of supervision order).

15 In paragraph 15(1) and (4) (application for revocation of detention order to be made to appropriate court, and any further such application requires that court’s consent) for “the appropriate” substitute “a youth”.”

Page 194, leave out line 12 and insert “and”

Page 194, leave out lines 14 and 15

Page 195, line 7, leave out from “entitled” to “to” in line 9

Page 195, line 14, at end insert—

“( ) provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—

(i) as a member of a selection commission (including functions of chairing a selection commission), or

(ii) in relation to the nomination or appointment of members of a selection commission;”

Page 199, line 22, leave out “not be greater” and insert “be less”

Page 204, line 19, leave out “appointed”

Page 209, line 31, at end insert—

36A (1) Section 10 of the Courts Act 2003 (justices of the peace who are not District Judges (Magistrates’ Courts)) is amended as follows.

(2) In subsection (1) (Lord Chancellor’s power of appointment) for “Lord Chancellor” substitute “Lord Chief Justice”.

(3) After that subsection insert—

“(1A) Subject to the following provisions of this section and to sections 11 to 15, a person appointed under subsection (1) is to hold and vacate office as a justice of the peace in accordance with the terms of the person’s appointment, which are to be such as the Lord Chancellor may determine.”

(4) After subsection (2) insert—

“(2ZA) The Lord Chief Justice must ensure that arrangements for the exercise, so far as affecting any local justice area, of the function under subsection (1) include arrangements for consulting persons appearing to the Lord Chief Justice to have special knowledge of matters relevant to the exercise of that function in relation to that area.”

(5) In subsection (2A) (Lord Chancellor to ensure local consultation takes place in relation to the exercise of functions under subsections (1) and (2)) for “subsections (1) and” substitute “subsection”.

(6) After subsection (6) insert—

“(6A) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (1).”

(7) In subsection (7) (delegation of Lord Chief Justice’s functions) after “subsection (2)” insert “, (2ZA)”.”

Page 210, line 11, at end insert—

“Justice of the Peace appointed under section 10(1) of the Courts Act 2003 (justices of the peace other than District Judges (Magistrates’ Courts))”

Page 210, line 24, at beginning insert—

“(1) In section 8 (power of Senior President of Tribunals to delegate) after subsection (1) insert—

“(1A) A function under paragraph 1(1) or 2(1) of Schedule 2 may be delegated under subsection (1) only to a Chamber President of a chamber of the Upper Tribunal.”

(2) ”

Page 210, leave out lines 28 and 29

Page 218, line 13, leave out from “power” to “to” in line 14

Page 218, line 51, at end insert—

“( ) provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—

(i) as a member of such a panel (including functions of chairing such a panel), or

(ii) in relation to the nomination or appointment of members of such a panel;”

Page 219, line 42, at end insert—

“51A In section 66(1)(a) (Lord Chancellor to consult Lord Chief Justice before issuing guidance about selection procedures) for “consult” substitute “obtain the agreement of”.”

Page 220, line 15, at end insert—

“(1BA) The members of the panel may not include the current holder of the office for which a selection is to be made.”

Page 220, leave out line 18

Page 220, leave out lines 20 and 21

Page 220, line 25, at end insert—

“(5) Omit subsection (5) (if practicable, panel to consult current holder of office).”

Page 220, line 41, at end insert—

“(1C) The members of the panel may not include the Senior President of Tribunals.””

Page 222, line 34, leave out “Regulations” and insert “An order”

Page 225, line 1, leave out “In section 97(1)” and insert—

“(1) Section 97”

Page 225, line 3, leave out “omit paragraphs (c) and (e)” and insert “is amended as follows.

(2) In subsection (1) (list of provisions requiring consultation)—

(a) omit paragraphs (b), (c) and (e), and

(b) in paragraph (d) for “95(2)(a), (b)” substitute “95(2)(b)”.

(3) In subsection (4) (modification where requirement is to obtain concurrence rather than to consult) after “section 94A(1)” insert “or 95(2)(a)”.”

Page 229, line 23, after “(4))” insert “—

(a) for “judicial office holder (as defined in section 109(4)” substitute “senior judge (as defined in section 109(5)”, and

(b) ”

Page 234, line 3, at end insert—

“10A (1) In paragraph 6(3)(a) of each of Schedules 2 and 3 (requests to certain judges to act as judges of First-tier Tribunal or Upper Tribunal may be made only with the concurrence of the Lord Chief Justice) omit the “or” at the end of sub-paragraph (iv) and, after sub-paragraph (v), insert “,

(vi) the Master of the Rolls,

(vii) the President of the Queen’s Bench Division of the High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;”.

(2) In paragraph 6 of Schedule 2 (judges by request of First-tier Tribunal) after sub-paragraph (3) insert—

“(3A) A request made under sub-paragraph (2) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be made only with the concurrence of the Lord Chief Justice of England and Wales.””

Page 17, line 44, at end insert—

“(1A) In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from the Court of Session to the Upper Tribunal)—

(a) in subsection (1)—

(i) in paragraph (a), for “, 2 and 4 are met” substitute “and 2 are met, and”,

(ii) omit paragraph (aa) (including the “and” following it), and

(iii) in paragraph (b), for “, 3 and 4” substitute “and 3”, and

(b) omit subsections (5) and (5A).

(1B) In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court to the Upper Tribunal)—

(a) in subsection (2), for “, 3 and 4” substitute “and 3”,

(b) omit subsection (2A),

(c) in subsection (3), for “, 2 and 4” substitute “and 2”, and

(d) omit subsections (7) and (8).”

Page 18, line 1, leave out “subsection (1), section 53(1)” and insert “subsections (1) to (1B), section 53”

Insert the following new Clause—

“Permission to appeal from Upper Tribunal to Court of Session

In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal from Upper Tribunal) after subsection (6) insert—

“(6A) Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—

(a) that the proposed appeal would raise some important point of principle, or

(b) that there is some other compelling reason for the court to hear the appeal.””

Insert the following new Clause—

“Disclosure of information to facilitate collection of fines and other sums

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is amended as follows.

(2) Paragraphs 9A to 10 (disclosure of information by Secretary of State to court officer to help court decide whether to apply for benefit deductions etc) become Part 3A of the Schedule.

(3) Accordingly, after paragraph 9 insert—

(4) In the heading before paragraph 9A, after “Disclosure of information in connection with”, insert “making of attachment of earnings order or”.

(5) For paragraph 9A (power of Secretary of State to disclose information to help court decide whether to apply for benefit deductions) substitute—

“9A (1) The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

(1A) Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose finances information to a relevant person.

(1B) The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

(a) a decision as to whether to make an attachment of earnings order in respect of P,

(b) a decision as to whether to make an application for benefit deductions in respect of P, and

(c) such an order or application.

(2) In this paragraph—

“finances information” means information which—

(a) is about a person’s income, gains or capital, and

(b) is held—

(i) by Her Majesty’s Revenue and Customs, or

(ii) by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services,

or information which is held with information so held;

“social security information” means information which is held for the purposes of functions relating to social security—

(a) by the Secretary of State or a Northern Ireland Department, or

(b) by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,

or information which is held with information so held.

(2A) The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

(3) In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).”

(6) In paragraph 9B(1) (limits on onward disclosure)—

(a) for “9A(3)” substitute “9A”, and

(b) for the words after “making” substitute “, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).”

(7) In paragraph 9B(2)(b) (use of information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-paragraph” substitute “, order or application as is mentioned in paragraph 9A(1B)”.

(8) In paragraph 9B(3) (disclosures that are not unlawful)—

(a) in paragraph (a) (disclosure in accordance with order of a court etc) after “order of a court” insert “or of a tribunal established by or under an Act”, and

(b) in paragraph (b) (disclosure of information previously lawfully disclosed) after “disclose” insert “or use—

(i) any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(ii) ”.

(9) In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed information punishable on summary conviction by a fine not exceeding level 4) for the words from “liable” to the end substitute “liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum, or

(iii) to both.”

(10) In paragraph 9B after sub-paragraph (5) insert—

“(6) Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates’ courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months.

(7) A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.”

(11) Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).

(12) In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—

(a) in sub-paragraph (1) for “This paragraph applies” substitute “Sub-paragraphs (3) and (3A) apply”, and

(b) after sub-paragraph (3) insert—

“(3A) “Relevant court” has the same meaning as in Part 3 of this Schedule.

(3B) In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

“fines officer” has the meaning given by section 36;

“P” has the meaning given by paragraph 1.”

(13) Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this section, extend to Scotland and Northern Ireland (as well as to England and Wales).

(14) Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) and (3), Act extends to England and Wales only) after “(3)” insert “and to section (Disclosure of information to facilitate collection of fines and other sums)(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5)”.”

Page 255, line 31, at end insert—

21A (1) Omit paragraph (a) in each of subsections (2) and (5) of section 67 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (amendments which would have turned duties to deal with breaches into powers to do so).

(2) In paragraph 9(6) of Schedule 8 to the Criminal Justice Act 2003 (which refers to provision that would have been made by those amendments) for “have the power” substitute “be required”.

21B (1) In section 150 of the Criminal Justice Act 2003 (no power to make community order or youth rehabilitation order where sentence fixed by law)—

(a) the existing provision becomes subsection (1) of that section, and

(b) after that subsection insert—

“(2) The power to make a community order is not exercisable in respect of an offence for which the sentence—

(a) falls to be imposed under section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public), or

(b) falls to be imposed under section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point in public or on school premises or with offensive weapon on school premises).”

(2) In consequence of sub-paragraph (1), in Schedule 26 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 omit paragraph 19 (which would have made provision corresponding to the new section 150(2) of the 2003 Act but also preventing the making of youth rehabilitation orders).”

Page 258, line 13, at end insert “,

or information which is held with information so held;”

Transpose Schedule 16 to after Schedule 13

Transpose Schedule 17 to before Schedule 14

Insert the following new Clause—

“Immigration cases: appeal rights; and facilitating combined appeals

(1) In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002 (grounds of appeal: decision unlawful because of race discrimination etc by Northern Ireland public authority) after “1997” insert “or by virtue of section 29 of the Equality Act 2010 (discrimination in the exercise of public functions etc) so far as relating to race as defined by section 9(1) of that Act”.

(2) In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a) in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

(b) in the title, for “96 to” substitute “97 and”.

(3) For section 47(1) of the Immigration, Asylum and Nationality Act 2006 (decision that person is to be removed from the United Kingdom may be made while person can bring appeal) substitute—

“(1) Where the Secretary of State gives written notice of a pre-removal decision to the person affected, the Secretary of State may—

(a) in the document containing that notice,

(b) in a document enclosed in the same envelope as that document,

(c) otherwise on the occasion when that notice is given to the person, or

(d) at any time after that occasion but before an appeal against the pre-removal decision is brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed from the United Kingdom under this section in accordance with directions given by an immigration officer if and when the person’s leave to enter or remain in the United Kingdom expires.

(1A) In subsection (1) “pre-removal decision” means—

(a) a decision on an application—

(i) for variation of limited leave to enter or remain in the United Kingdom, and

(ii) made before the leave expires,

(b) a decision to revoke a person’s leave to enter or remain in the United Kingdom, or

(c) a decision to vary a person’s leave to enter or remain in the United Kingdom where the variation will result in the person having no leave to enter or remain in the United Kingdom.””

Page 30, line 43, after “30” insert “or 30A”

Page 32, line 41, after “17” insert “and 18”

Page 32, line 41, after second “to” insert “11, 12 and”

Page 33, line 34, after “apply” insert “to amendments made by section (Disclosure of information to facilitate collection of fines and other sums)(13) and (14) or”

Page 33, line 38, after “section” insert “(Immigration cases: rights of appeal; and facilitating combined appeals),”