Crime and Courts Bill [HL]

REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 20th November 2012, as follows—

Clause 17
Schedules 9 to 11
Clause 18
Schedule 12
Clause 19
Schedule 13
Clauses 20 to 24
Schedule 16
Clause 25
Schedule 17
Clauses 26 to 28
Schedule 14
Clause 29
Schedule 15
Clause 30
Schedule 18
Clauses 31 to 33

[Amendments marked * are new or have been altered]

After Clause 17

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

79

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.”

79A

[Withdrawn]

LORD BEECHAM

[In substitution for Amendment 79A]

79AA*

Insert the following new Clause—

“Review into the Courts and Tribunal Service

The Lord Chancellor shall conduct a periodic review into the courts and tribunal service, including the public guardianship office, and the impact of section 17 and Schedules 9 to 11, including reports on its efficiency, cost, ease of access and user and practitioner satisfaction, and specifically the impact of court closures on court users and access to justice, and shall publish a report on the review to both Houses of Parliament.”

LORD BEECHAM

79B

Insert the following new Clause—

“Requirement for consultation

The Secretary of State shall publish and consult on a strategy for the delivery of legal information, support and dispute resolution services to the public by Her Majesty’s Courts and Tribunals Service.”

Schedule 9

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

80

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

81

Page 119, leave out lines 5 and 6

Schedule 10

LORD BEECHAM

LORD ROSSER

81A*

Page 138, line 26, at end insert “provided the functions are deemed to be essentially administrative in nature, for example: case management decisions”

81B*

Page 138, leave out lines 30 to 41

81C*

Page 138, leave out lines 42 to 45

After Schedule 11

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

82

Insert the following new Schedule—

“Gang-related injunctions: further amendments

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—

“Appeals

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”.”

Clause 18

LORD LLOYD OF BERWICK

LORD WOOLF

LORD CARSWELL

82A

Page 17, leave out lines 3 to 5

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

82B

Page 17, line 15, after “offices,” insert—

“Part 4A makes provision for the exercise of certain functions where the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division or the Chancellor of the High Court is incapable of exercising the functions or one of those offices is vacant,”

Schedule 12

LORD LLOYD OF BERWICK

LORD WOOLF

LORD CARSWELL

82C

Page 192, line 39, leave out paragraph 2

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

83

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

84

Page 194, leave out lines 14 and 15

85

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

86

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;”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

86A

Page 198, line 3, at end insert—

“Encouragement of diversity in appointments to the Supreme Court

(1) Part 3 of the Constitutional Reform Act 2005 is amended as follows.

(2) After section 31, insert—

“31A Diversity

The Lord Chancellor and any selection commission convened under section 26 must, in performing their functions under sections 27 to 31, have regard to the need to encourage diversity in the range of persons available for selection for appointments.””

86B

Page 198, line 3, at end insert—

“(1) Section 27 of the Constitutional Reform Act 2005 is amended as follows.

(2) After subsection (5), insert—

“(5A) Neither subsection (5) nor Part 5 of the Equality Act 2010 (public appointments etc.) prevents the Lord Chancellor or any selection commission convened under section 26, where two or more persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within the judges of the Supreme Court.””

86C

Page 198, line 15, at end insert—

“(1) Section 64 of the Constitutional Reform Act 2005 (encouragement of diversity) is amended as follows.

(2) In subsection (1), before “Commission” insert “Lord Chancellor and the”.

(3) In subsection (1) after “performing”, for “its” substitute “their respective”.”

LORD PANNICK

BARONESS JAY OF PADDINGTON

LORD POWELL OF BAYSWATER

BARONESS PRASHAR

86D

Page 198, line 15, at end insert—

“ (1) Section 64 of the Constitutional Reform Act 2005 (encouragement of diversity) is amended as follows.

(2) In subsection (1), after the words “under this Part,” add “and the Lord Chancellor and the Lord Chief Justice in performing their functions,”.”

LORD BEECHAM

86DA*

Page 198, line 15, at end insert—

“Duty to promote diversity in the judiciary

After section 64 of the Constitutional Reform Act 2005 insert—

“64A Duty to promote diversity in the judiciary

(1) The Lord Chancellor, the Lord Chief Justice and the Commission shall each be under a duty to promote diversity in the judiciary.

(2) For the avoidance of doubt, the duty set out in this section is additional to the duty on the Commission set out in section 64.

(3) Each of the persons and the Commission identified in subsection (1) shall lay before Parliament a report annually, describing—

(a) their performance of the duty in this section, and in the Commission’s case the duty in section 64 as well,

(b) the contribution made towards a more diverse judiciary, in the preceding year, and

(c) the composition of the judiciary, including the number of part-time and full-time judges, gender, and other relevant demographic data.

(4) These duties shall continue for five years, but may be extended for five year terms by order.

(5) This section is subject to section 63.””

LORD LLOYD OF BERWICK

LORD WOOLF

LORD CARSWELL

86E

Page 198, line 18, leave out paragraph 11

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

87

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

88

Page 204, line 19, leave out second “appointed”

89

Page 209, line 31, at end insert—

“Lay justices to be appointed by Lord Chief Justice

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)”.”

LORD BEECHAM

LORD ROSSER

89A*

Page 209, line 31, at end insert—

“36A The Lord Chancellor shall lay before Parliament within twelve months, and thereafter periodically, a report on the composition of the magistracy, including the numbers of lay magistrates and the numbers of full time district judges sitting in magistrates’ courts.”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

90

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))”

91

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) ”

92

Page 210, leave out lines 28 and 29

93

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

94

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;”

95

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”.”

96

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.”

97

Page 220, leave out line 18

98

Page 220, leave out lines 20 and 21

99

Page 220, line 25, at end insert—

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

100

Page 220, line 41, at end insert—

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

101

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

102

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

“(1) Section 97”

103

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)”.”

103A

Page 226, line 44, at end insert—

“Part 4A Appointment of judge to exercise functions of a head of division in case of incapacity or a vacancy etc

76A Where a Head of Division is incapable of exercising relevant functions, or the office of a Head of Division is vacant, the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts to exercise relevant functions of the Head of Division.

76B An appointment under paragraph 76A—

(a) must be in writing,

(b) must specify the functions that may be exercised by the appointed judge, and

(c) must set out the duration of the appointment.

76C In paragraph 76A—

“Head of Division” means—

(a) the Master of the Rolls,

(b) the President of the Queen’s Bench Division,

(c) the President of the Family Division, or

(d) the Chancellor of the High Court;

“the Lord Chief Justice” means the Lord Chief Justice of England and Wales;

“the Senior Courts” means the Senior Courts of England and Wales.

76D In this Part “relevant functions” means functions under any of the following—

section 5 of the Public Notaries Act 1843 (functions of Chancellor of the High Court in relation to refusal of master of the faculties to grant a faculty to practise as a public notary);

section 8(5) of the Public Records Act 1958 (President of the Family Division to be consulted in relation to transfer of certain records);

section 5(2) or (3) of the Senior Courts Act 1981 (concurrence of Heads of Division with transfer of judges between Divisions of High Court etc);

section 7(1) of the Senior Courts Act 1981 (power of Lord Chancellor, Lord Chief Justice and Heads of Division, acting collectively, to recommend alteration of Divisions of High Court etc);

section 11(9) of the Senior Courts Act 1981 (concurrence of particular Heads of Division etc with Lord Chancellor’s declaration of a vacancy in the office of a judge of the Senior Courts who is permanently incapacitated and unable to resign);

section 54 of the Senior Courts Act 1981 (functions of Master of the Rolls in relation to composition of courts of civil division of Court of Appeal);

section 57 of the Senior Courts Act 1981 (determination by Master of the Rolls with concurrence of Lord Chancellor of sittings of civil division of Court of Appeal during vacation);

section 61(5) of the Senior Courts Act 1981 (concurrence of Heads of Division concerned with assignment of business of one Division of High Court to another Division of High Court);

section 63(3) of the Senior Courts Act 1981 (concurrence of Head of Division concerned with direction that business is to cease to be assigned to specially nominated judge of High Court);

section 71(4)(a) of the Senior Courts Act 1981 (determination by Heads of Division with concurrence of Lord Chancellor of sittings of Divisions of High Court during vacation);

section 109(2) or 110 of the Senior Courts Act 1981 (President of the Family Division may make certain arrangements in relation to documents relating to probate etc);

section 111 of the Senior Courts Act 1981 (President of the Family Division may give directions as to form and content of records of grants made in the Principal Registry or a district probate registry);

section 126 of the Senior Courts Act 1981 (President of the Family Division may, with concurrence of Lord Chancellor, make regulations imposing conditions on deposit of wills);

section 133 of the Senior Courts Act 1981 (functions of Master of the Rolls in relation to enrolment and engrossment of instruments);

section 25(3)(a) of the Administration of Justice Act 1982 (President of the Family Division may, with concurrence of Lord Chancellor, make regulations as to deposit and registration of wills);

section 257(3) of the Inheritance Tax Act 1984 (President of the Family Division may make certain arrangements in relation to delivery of accounts for the purposes of that Act);

section 37 of the Matrimonial and Family Proceedings Act 1984 (President of the Family Division may, with concurrence of Lord Chancellor, give directions with respect to distribution and transfer between High Court and family court of family business and family proceedings);

section 1(9) of the Courts and Legal Services Act 1990 (Heads of Division etc to be consulted in relation to changes to allocation of business of High Court and county court);

section 58A(5)(a), 58AA(6)(a) or 58B(7)(a) of the Courts and Legal Services Act 1990 (Heads of Division etc to be consulted in relation to certain matters relating to agreements for funding of legal services);

section 56(4) of the Access to Justice Act 1999 (Heads of Division etc to be consulted in relation to changes to destination of appeals);

section 57 of the Access to Justice Act 1999 (Master of the Rolls or President of the Family Division etc may assign appeals to the Court of Appeal);

section 2(7) of the Courts Act 2003 (Heads of Division etc to be consulted in relation to authorisation of contracting-out of administrative work of courts);

section 64(4) of the Courts Act 2003 (Heads of Division to be consulted in relation to change of judicial title);

section 66(4)(b) of the Courts Act 2003 (President of the Family Division may nominate Circuit judges etc to sit as members of family proceedings courts);

section 77(3) of the Courts Act 2003 (President of the Family Division etc to be consulted in relation to certain appointments to Family Procedure Rule Committee);

section 78(2) of the Courts Act 2003 (President of the Family Division to be consulted in relation to certain changes to Family Procedure Rule Committee);

section 92(5) of the Courts Act 2003 (Heads of Division etc to be consulted in relation to fees of Senior Courts, family court, county court and magistrates’ courts);

paragraph 12(4) of Schedule 7 to the Courts Act 2003 (Heads of Division etc to be consulted in relation to regulations about enforcement officers);

section 52(4) of the Constitutional Reform Act 2005 (Heads of Division etc to be consulted in relation to Supreme Court fees);

section 183(7)(b) of the Legal Services Act 2007 (consent of Master of the Rolls etc in relation to fees for administration of an oath or taking of an affidavit);

paragraph 1(10) of Schedule 3 to the Legal Services Act 2007 (concurrence of President of the Family Division etc with meaning of “reserved family proceedings” prescribed for the purposes of that paragraph).

76E The Lord Chancellor may by order amend the list in paragraph 76D so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

76F After section 10(6) of the Senior Courts Act 1981 (where there is a vacancy in one or more of the offices of the Heads of Division, a newly-appointed Lord Chief Justice is to take the required oaths in the presence of the holders of such of the offices as are not vacant) insert—

“(6A) Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).””

Schedule 13

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

104

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) ”

105

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.””

Clause 20

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

106

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).”

107

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

After Clause 20

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

108

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.””

LORD AVEBURY

108ZA*

Insert the following new Clause—

“Immigration and nationality appeals from the Upper Tribunal

Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to court of appeal etc.) does not apply in relation to immigration and nationality appeals from the Upper Tribunal.”

108A

Insert the following new Clause—

“Immigration and nationality appeals from the Upper Tribunal

(1) Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to the court of appeal etc.) does not apply in relation to immigration and nationality appeals from the Upper Tribunal where the grounds of appeal include a point of law relating to the Refugee Convention or the Human Rights Convention.

(2) In this section—

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol;

“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998.”

Before Clause 21

BARONESS DEECH

108AA*

Insert the following new Clause—

“Appeals relating to regulation of the Bar

(1) Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court judges) ceases to have the effect of conferring jurisdiction on judges of the High Court sitting as Visitors to the Inns of Court.

(2) The General Council of the Bar, an Inn of Court, or two or more Inns of Court acting collectively in any manner, may confer a right of appeal to the High Court in respect of a matter relating to—

(a) regulation of barristers,

(b) regulation of other persons regulated by the person conferring the right,

(c) qualifications or training of barristers or persons wishing to become barristers, or

(d) admission to an Inn of Court or call to the Bar.

(3) An Inn of Court may confer a right of appeal to the High Court in respect of—

(a) a dispute between the Inn and a member of the Inn, or

(b) a dispute between members of the Inn;

and in this subsection any reference to a member of an Inn includes a reference to a person wishing to become a member of that Inn.

(4) A decision of the High Court on an appeal under this section is final.

(5) Subsection (4) does not apply to a decision disbarring a person.

(6) The High Court may make such order as it thinks fit on an appeal under this section.

(7) A right conferred under subsection (2) or (3) may be removed by the person who conferred it; and a right conferred under subsection (2) by two or more Inns of Court acting collectively may, so far as relating to any one of the Inns concerned, be removed by that Inn.

Clause 21

LORD TOUHIG

THE EARL OF LISTOWEL

109

Page 18, line 8, at end insert—

“( ) In fixing such an amount, and subsequent additions, account must be taken of the person’s relevant weekly income, excluding housing benefit and child related benefits, and allowance must be made for the protection of a reasonable financial subsistence level, in the manner used to determine the initial fine.”

LORD BEECHAM

LORD ROSSER

109A*

Page 18, line 26, at end insert—

“75B Minimum size of charging order

The Secretary of State shall by regulation prescribe the minimum amount above which a charging order may be granted in respect of a judgment debt, which shall be laid before, and approved by a resolution of, each House of Parliament.”

After Clause 21

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

110

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—

“Part 3A Disclosure of information, and meaning of “relevant benefit” etc”.

(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)”.”

BARONESS MEACHER

LORD BEECHAM

THE COUNTESS OF MAR

111

Insert the following new Clause—

“Regulation of bailiffs

(1) The Secretary of State shall establish arrangements for the regulation of enforcement services and enforcement agents, as defined in Part 3 of the Tribunals, Courts and Enforcement Act 2007.

(2) In establishing a regulatory system for enforcement services and agents, the Secretary of State shall, by order, make arrangements for the licensing and accreditation of companies whose activities involve judicial or quasi-judicial enforcement of debts, collection of fines and seizure and sale of goods.

(3) The Secretary of State may, by order, designate a person or body (“the Regulator”) to authorise persons to provide enforcement services, and regulate the conduct of such authorised persons and businesses.

(4) In carrying out functions as are conferred on the Regulator by or under this section, the Regulator shall—

(a) carry out inspections as it considers necessary of authorised persons holding licences or accredited under this section;

(b) provide for, or procure the provision of, training and accreditation;

(c) keep under review generally the activities of bailiffs and enforcement agents;

(d) establish an independent complaints system for debtors to use in cases where bailiffs and enforcement agents have abused their powers.”

111A

[Withdrawn]

Before Clause 23

LORD PHILLIPS OF WORTH MATRAVERS

LORD PANNICK

112

Insert the following new Clause—

“Supreme Court security officers

(1) In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after section 51 insert—

“Court security

51A Security officers

(1) A Supreme Court security officer is a person who is—

(a) appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and

(b) designated by the President as a Supreme Court security officer.

(2) The President may give directions as to—

(a) training courses to be completed by Supreme Court security officers;

(b) conditions to be met before a person may be designated as a Supreme Court security officer.

(3) For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer’s duty.

(4) In those sections “court building” means any building—

(a) where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and

(b) to which the public has access.

51B Powers of search, exclusion, removal and restraint

(1) A Supreme Court security officer acting in the execution of the officer’s duty may search—

(a) any person who is in, or seeking to enter, a court building, and

(b) any article in the possession of such a person.

(2) Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person’s clothing other than a coat, jacket, headgear, gloves or footwear.

(3) A Supreme Court security officer acting in the execution of the officer’s duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

(a) to permit a search under subsection (1), or

(b) to surrender an article in the person’s possession when asked to do so under section 51C(1).

(4) A Supreme Court security officer acting in the execution of the officer’s duty may—

(a) restrain any person who is in a court building, or

(b) exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (5).

(5) The purposes are—

(a) enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;

(b) maintaining order;

(c) securing the safety of any person in the court building.

(6) A Supreme Court security officer acting in the execution of the officer’s duty may remove any person from a courtroom at the request of—

(a) a judge of the Supreme Court, or

(b) a member of the Judicial Committee of the Privy Council.

(7) The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.

51C Surrender, seizure and retention of knives and other articles

(1) If a Supreme Court security officer acting in the execution of the officer’s duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.

(2) The grounds are that the article—

(a) may jeopardise the maintenance of order in the court building (or a part of it),

(b) may put the safety of any person in the court building at risk, or

(c) may be evidence of, or in relation to, an offence.

(3) Subject to subsection (4), a Supreme Court security officer may retain an article which was—

(a) surrendered in response to a request under subsection (1), or

(b) seized under that subsection,

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

(4) If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—

(a) the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

(b) the end of the permitted period,

whichever is the later.

(5) In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.

(6) Subsections (3) to (5) do not apply where a knife is—

(a) surrendered to a Supreme Court security officer in response to a request under subsection (1), or

(b) seized by a Supreme Court security officer under that subsection,

but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).

(7) If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.

(8) In this section “knife” includes—

(a) a knife-blade, and

(b) any other article which—

(i) has a blade or is sharply pointed, and

(ii) is made or adapted for use for causing injury to the person.

51D Regulations about retention of knives and other articles

(1) The Lord Chancellor may by regulations make provision as to—

(a) the provision to persons—

(i) by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or

(ii) from whom articles have been seized under that subsection,

of written information about the powers of retention of Supreme Court security officers,

(b) the keeping of records about articles which have been so surrendered or seized,

(c) the period for which unclaimed articles have to be kept, and

(d) the disposal of unclaimed articles at the end of that period.

(2) In subsection (1) “unclaimed article” means an article—

(a) which has been retained under section 51C,

(b) which a person is entitled to have returned,

(c) which has not been returned, and

(d) whose return has not been requested by a person entitled to it.

(3) Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—

(a) the procedure to be followed when a knife is retained under section 51C;

(b) the making of requests by eligible persons for the return of knives so retained;

(c) the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

(4) In subsection (3)—

“eligible person”, in relation to a knife retained under section 51C, means—

(a) the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or

(b) any other person specified in regulations under subsection (3);

“knife” has the same meaning as in section 51C.

51E Assaulting and obstructing Supreme Court security officers

(1) Any person who assaults a Supreme Court security officer acting in the execution of the officer’s duty commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction—

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

(b) to a fine not exceeding level 5 on the standard scale, or

(c) to both.

(3) Subsection (2) applies—

(a) in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to impose imprisonment), and

(b) in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(4) A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer’s duty commits an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

(2) In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of President’s functions to chief executive) after “under section 49(1)” insert “or 51A(1)(a) or (b)”.”

112A

Insert the following new Clause—

“Chief Executive of the Supreme Court of the United Kingdom

(1) The Constitutional Reform Act 2005 is amended as follows.

(2) For section 48(2) (chief executive), substitute—

“(2) The President of the Supreme Court shall appoint the Chief Executive in accordance with the arrangements for the time being in force for the selection of persons to be employed in the civil service of the State.”

(3) In section 49(2) (officers and staff), omit the words “with the agreement of the Lord Chancellor.””

Clause 23

BARONESS KENNEDY OF THE SHAWS

LORD LESTER OF HERNE HILL

113

Page 22, line 3, after “that” insert “in appellate proceedings”

LORD BEECHAM

LORD ROSSER

113ZA*

Page 22, line 11, at end insert—

“(1A) Before issuing any order under subsection (1), the Lord Chancellor shall first report to Parliament that the following principles have been adhered to in any decisions made under subsection (1)—

(a) the protection of witnesses, victims, defendants, parties and jurors, who shall under no circumstances be recorded;

(b) the promotion and proper administration of justice;

(c) filming shall not be permitted if it would cause undue prejudice to any person involved in the proceedings.”

113ZB*

Page 22, line 26, at end insert—

“( ) In making such a direction, the court or tribunal shall have regard to the principles set out in subsection (1A)(a) to (c).”

After Clause 23

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

113A

Insert the following new Clause—

“Abolition of scandalising the judiciary as form of contempt of court

(1) Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.

(2) That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.”

113B

[Re-tabled as Amendment 108ZA]

Before Clause 24

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

113C

Insert the following new Clause—

“Self-defence

Use of force in self-defence at place of residence

(1) Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.

(2) Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—

“(5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.”

(3) In subsection (6) at the beginning insert “In a case other than a householder case,”.

(4) After subsection (8) insert—

“(8A) For the purposes of this section “a householder case” is a case where—

(a) the defence concerned is the common law defence of self-defence,

(b) the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(c) D is not a trespasser at the time the force is used, and

(d) at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B) Where—

(a) a part of a building is a dwelling where D dwells,

(b) another part of the building is a place of work for D or another person who dwells in the first part, and

(c) that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C) Where—

(a) a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b) another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

(c) that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D) Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E) The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F) In subsections (8A) to (8C)—

“building” includes a vehicle or vessel, and

“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.”

(5) In subsection (9) (section intended to be clarificatory) after “This section” insert “, except so far as making different provision for householder cases,”.

(6) An amendment made by this section does not apply in respect of force used before the amendment comes into force.”

After Clause 24

LORD AVEBURY

113D

Insert the following new Clause—

“Immigration appeals: asylum and humanitarian protection

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 83(1)(b) omit the words “Kingdom” to the end.”

113E

Insert the following new Clause—

“Unfounded human rights or asylum claims

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 94, omit subsection (8).

(3) The Asylum and Immigration (Treatment of Claimants etc.) Act 2004 is amended as follows.

(4) In Schedule 3, omit—

(a) paragraph 3(2);

(b) paragraph 6;

(c) paragraph 8(2);

(d) paragraph 11;

(e) paragraph 13(2); and

(f) paragraph 16.”

113F

Insert the following new Clause—

“Appeal in progress

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 104, omit “104(4A) to (4C).”

Schedule 16

LORD RAMSBOTHAM

113G

Page 250, line 34, leave out from beginning to end of line 19 on page 251

LORD ROSSER

LORD BEECHAM

113GA*

Page 251, line 14, at end insert—

“(2C) A punishment requirement may include—

(a) an accredited programme,

(b) a drug requirement,

(c) a curfew,

(d) an attending centre,

(e) a mental health requirement,

(f) a specified activity,

(g) a prohibitive activity,

(h) unpaid work, or

(i) exclusion.”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

113H

Page 255, line 24, leave out from “In” to “before” in line 25 and insert “paragraph 1(5) of each of Schedules 9 and 13 (certain requirements not to be included in orders to be complied with in Scotland),”

113J

Page 255, line 26, at end insert—

“(4) In paragraph 3(1) of Schedule 9 and paragraph 6(1) of Schedule 13 (pre-conditions for imposing requirements where offender will be living in Northern Ireland) before the “and” at the end of paragraph (a) insert—

“(aa) in the case of an order imposing an electronic monitoring requirement within section 215(1)(b)—

(i) that any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in that locality, and

(ii) that arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored,”.

(5) In paragraphs 3(3)(b) and (4) and 13(b) of Schedule 9 and paragraph 6(3)(b) and (4) of Schedule 13 (references to the pre-conditions) for “and (b)” substitute “to (b)”.

(6) In paragraph 4(3)(d) of Schedule 9 and paragraph 9(3)(d) of Schedule 13 (disapplication of section 218(4)) for “subsection (4)” substitute “subsections (4) and (9)”.

(7) In paragraph 17 of Schedule 13 (reference to the pre-conditions) for “and (b)”, in the second place, substitute “to (b)”.”

114

Page 255, line 31, at end insert—

“Part 4A Community orders: further provision Breaches of community orders

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”.

Community order not to be made in case of knife etc offence attracting minimum sentence

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).”

115

Page 258, line 13, at end insert “,

or information which is held with information so held;”

LORD RAMSBOTHAM

115A

Page 259, line 18, at end insert—

“Part 6A Provision for young adult offenders

28A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to young adult offenders.

(2) Provision under sub-paragraph (1) shall include provision for services which provide support and rehabilitation appropriate to the level of maturity of young adult offenders and which increases the likelihood of compliance with community orders.

(3) For the purposes of this paragraph “young adult offender” means a person who is aged at least 18 but under 21 when convicted.”

LORD ROSSER

LORD BEECHAM

115B*

Page 260, line 24, at end insert—

“Part 8 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.””

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

116

Transpose Schedule 16 to after Schedule 13

Schedule 17

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

117

Transpose Schedule 17 to before Schedule 14

Before Clause 26

LORD TAYLOR OF HOLBEACH

118

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.””

Clause 26

LORD AVEBURY

118A

Page 23, line 32, at end insert—

“( ) This section shall not have effect in relation to an appeal against a refusal of entry clearance where that decision was taken wholly or partly on a general ground for refusal in rules as laid by the Secretary of State for the purposes of section 1(4) of the Immigration Act 1971.”

118B

Leave out Clause 26

Clause 27

LORD AVEBURY

118C

Page 24, line 17, at end insert—

“(4) This section does not apply if—

(a) the person concerned is stateless,

(b) the person concerned has previously made an asylum claim or a human rights claim and been granted leave on that basis, or

(c) the person concerned asserts in his or her grounds of appeal an asylum claim or a human rights claim.”

118D

Leave out Clause 27

After Clause 29

LORD DEAR

BARONESS KENNEDY OF THE SHAWS

LORD MACDONALD OF RIVER GLAVEN

LORD MACKAY OF CLASHFERN

119

Insert the following new Clause—

“Public order

Public order offences

(1) The Public Order Act 1986 is amended as follows.

(2) In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.

(3) In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.”

Clause 30

LORD TAYLOR OF HOLBEACH

120

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

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

120A

Page 31, line 6, at end insert—

“( ) an order under paragraph 76E of Schedule 12;”

LORD BEECHAM

LORD ROSSER

120B*

Page 31, line 14, at end insert—

“(4A) An order under section 23(1) may not take effect unless the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Clause 33

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

121

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

122

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

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

122A

Page 33, line 1, leave out “Section 21(2) comes” and insert “Sections 21(2) and (Abolition of scandalising the judiciary as form of contempt of court) come”

BARONESS DEECH

122AA*

Page 33, line 16, at end insert—

“( ) section (Appeals relating to regulation of the Bar);”

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

122B

Page 33, line 17, at end insert—

“( ) section (Abolition of scandalising the judiciary as form of contempt of court);”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

122C

Page 33, line 33, at end insert—

“( ) Subsection (11) applies to section (Use of force in self-defence at place of residence) only so far as the provisions amended extend to England and Wales or apply in relation to service offences.”

123

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”

LORD TAYLOR OF HOLBEACH

124

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

Prepared 4th December 2012