Session 2012 - 13
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Crime and Courts Bill [HL]

commons AMENDMENTS

[The page and line references are to Bill 115, the bill as first printed for the Commons.]

After Clause 1

1

Insert the following new Clause—

 

“Modification of NCA functions

 

(1)    

The Secretary of State may, by order, make—

 

(a)    

provision about NCA counter-terrorism functions (and, in

 

particular, may make provision conferring, removing, or otherwise

 

modifying such functions); and

 

(b)    

other provision which the Secretary of State considers necessary in

 

consequence of provision made under paragraph (a) (and, in

 

particular, may make provision about the functions of any person

 

other than the NCA, including provision conferring or otherwise

 

modifying, but not removing, such functions).

 

(2)    

If an order under this section confers an NCA counter-terrorism function,

 

an NCA officer may only carry out activities in Northern Ireland for the

 

purpose of the discharge of the function if the NCA officer does so with the

 

agreement of the Chief Constable of the Police Service of Northern Ireland.

 

(3)    

That includes cases where an order under this section confers an NCA

 

counter-terrorism function by the modification of a function.

 

(4)    

An order under this section may amend or otherwise modify this Act or

 

any other enactment.

 

(5)    

An order under this section is subject to the super-affirmative procedure

 

(see section 39 and Schedule 19).

 

(6)    

In this section “NCA counter-terrorism function” means an NCA function

 

relating to terrorism (and for this purpose “terrorism” has the same

 

meaning as in the Terrorism Act 2000 — see section 1 of that Act).”

 
 
HL Bill 9055/2

 
 

2

 

Clause 2

2

Page 2, line 40, leave out “may” and insert “must”

After Clause 17

3

Insert the following new Clause—

 

“Varying designations of authorities responsible for remanded young persons

 

(1)    

Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act

 

2012 (where child remanded to youth detention accommodation, court

 

must designate local authority to look after child and meet costs) is

 

amended as follows.

 

(2)    

In subsection (7)(a) (authority that already looks after child to be

 

designated) after “being looked after by a local authority” insert “otherwise

 

than by virtue of section 104(1)”.

 

(3)    

In subsection (7)(b) (in other cases, court must designate authority for area

 

where child habitually resides or offence committed) for “, the local

 

authority” substitute “but subject to subsection (7B), a local authority”.

 

(4)    

After subsection (7) insert—

 

“(7A)    

In a case to which subsection (7)(b) applies, the court is to designate

 

a local authority in whose area it appears to the court that the child

 

habitually resides (a “home authority”) except where the court—

 

(a)    

considers as respects the home authority, or each home

 

authority, that it is inappropriate to designate that

 

authority, or

 

(b)    

is unable to identify any place in England and Wales where

 

the child habitually resides.

 

(7B)    

If in a case to which subsection (7)(b) applies—

 

(a)    

the court is not required by subsection (7A) to designate a

 

home authority, but

 

(b)    

it appears to the court that the offence was not, or none of

 

the offences was, committed in England and Wales,

 

    

the court is to designate a local authority which it considers

 

appropriate in the circumstances of the case.”

 

(5)    

After subsection (7B) insert—

 

“(7C)    

Where a child has been remanded to youth detention

 

accommodation, the court—

 

(a)    

which remanded the child, or

 

(b)    

to which the child was remanded,

 

    

may designate a local authority (“B”) as the designated authority

 

for the child in substitution for the authority previously designated

 

(whether that previous designation was made when the child was

 

remanded or under this subsection).

 

(7D)    

Where a child has at any one time been subject to two or more

 

remands to youth detention accommodation, a court which has

 
 

 
 

3

 
 

jurisdiction to make a replacement designation under subsection

 

(7C) in connection with one or some of the remands also has

 

jurisdiction to make such a replacement designation in connection

 

with each of the other remands.

 

(7E)    

Where a replacement designation is made under subsection (7C)

 

after the end of the period of remand concerned, the substitution of

 

B for the previously-designated authority has effect only for the

 

purposes of regulations under section 103.

 

(7F)    

Where a replacement designation is made under subsection (7C)

 

during the period of remand concerned, the substitution of B for the

 

previously-designated authority—

 

(a)    

has effect, as respects the part of that period ending with the

 

making of the replacement designation, only for the

 

purposes of regulations under section 103, and

 

(b)    

has effect, as respects the remainder of that period, for all of

 

the purposes listed in subsection (6).

 

(7G)    

A court may make a replacement designation under subsection

 

(7C) only if it considers that, had everything it knows been known

 

by the court which made the previous designation, that court

 

would have designated B instead.

 

(7H)    

Where a replacement designation is made under subsection (7C) in

 

relation to a remand, the previously-designated authority is to be

 

repaid any sums it paid in respect of the remand pursuant to

 

regulations under section 103.

 

(7J)    

A court which has jurisdiction to make a replacement direction

 

under subsection (7C) may exercise that jurisdiction on an

 

application by a local authority or of its own motion.”

 

(6)    

A replacement designation under the new section 102(7C) may be made in

 

respect of a remand ordered before this section comes into force, and the

 

amendments made by this section have effect for the purpose of making a

 

replacement designation in any such case; but, in such a case, the

 

substitution of B for the previously-designated authority (and any

 

entitlement to repayment under new section 102(7H)) does not have effect

 

as respects any time before this section comes into force.

 

(7)    

Except as provided by subsection (6), the amendments made by this section

 

have effect only in relation to remands ordered after this section comes into

 

force.”

Clause 18

4

Page 17, line 21, at end insert—

 

“Part 4A amends the selection procedure for certain senior judicial

 

appointments until Part 4 of the Schedule is in force,”

After Clause 22

5

Insert the following new Clause—

 
 

 
 

4

 
 

“Enforcement by taking control of goods

 

(1)    

Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure

 

for taking control of goods) is amended as follows.

 

(2)    

In paragraph 17 (enforcement agent may use reasonable force to enter etc

 

where paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”.

 

(3)    

After paragraph 18 insert—

 

“18A (1)  

This paragraph applies if these conditions are met—

 

(a)    

the enforcement agent has power to enter the premises

 

under paragraph 14;

 

(b)    

the enforcement agent reasonably believes that the debtor

 

carries on a trade or business on the premises;

 

(c)    

the enforcement agent is acting under a writ or warrant of

 

control issued for the purpose of recovering a sum

 

payable under a High Court or county court judgment;

 

(d)    

the sum so payable is not a traffic contravention debt.

 

      (2)  

“Traffic contravention debt” has the meaning given by section

 

82(2) of the Traffic Management Act 2004.”

 

(4)    

After paragraph 19 insert—

 

“19A (1)  

This paragraph applies if these conditions are met—

 

(a)    

the enforcement agent has power to enter the premises

 

under paragraph 16;

 

(b)    

the enforcement agent has taken control of the goods by

 

entering into a controlled goods agreement with the

 

debtor;

 

(c)    

the debtor has failed to comply with any provision of the

 

controlled goods agreement relating to the payment by

 

the debtor of the debt;

 

(d)    

the debtor has been given notice of the intention of the

 

enforcement agent to enter the premises to inspect the

 

goods or to remove them for storage or sale;

 

(e)    

neither paragraph 18 nor paragraph 19 applies.

 

      (2)  

For the purposes of a notice under sub-paragraph (1)(d),

 

regulations must state—

 

(a)    

the minimum period of notice;

 

(b)    

the form of the notice;

 

(c)    

what it must contain;

 

(d)    

how it must be given;

 

(e)    

who must give it.

 

      (3)  

The enforcement agent must keep a record of the time when a

 

notice under sub-paragraph (1)(d) is given.

 

      (4)  

If regulations authorise it, the court may order in prescribed

 

circumstances that the notice given may be less than the

 

minimum period.

 

      (5)  

The order may be subject to conditions.”

 
 

 
 

5

 
 

(5)    

In paragraphs 24(2) and 31(5) (no power to use force against persons except

 

to extent provided in regulations) omit “, except to the extent that

 

regulations provide that it does”.

 

(6)    

Omit paragraph 53(2) (controlled goods to be treated as abandoned if

 

unsold after a sale).

 

(7)    

Omit paragraph 56(2) (securities to be treated as abandoned if not disposed

 

of in accordance with notice of disposal).

 

(8)    

In consequence of the repeals in subsection (5), in section 90 of the

 

Tribunals, Courts and Enforcement Act 2007 (regulations under Part 3)—

 

(a)    

omit subsection (4) (procedure for regulations under paragraphs

 

24(2) and 31(5) of Schedule 12), and

 

(b)    

in subsection (5) omit “In any other case”.

 

(9)    

In Schedule 13 to that Act (taking control of goods: amendments)—

 

(a)    

in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act

 

1972) for the words after “etc.),” substitute “omit subsection (2).”,

 

(b)    

in paragraph 74 (repeal of sections 93 to 100 of the County Courts

 

Act 1984) after “93 to” insert “98 and”,

 

(c)    

in paragraph 85 (amendment of section 436 of the Insolvency Act

 

1986) for “436” substitute “436(1)”,

 

(d)    

in paragraph 125 (amendment of section 15 of the Employment

 

Tribunals Act 1996) for ““by execution issued from the county

 

court”” substitute “the words from “by execution”, to “court” in the

 

first place after “by execution”,”, and

 

(e)    

in paragraph 134 (which amends Schedule 17 to the Financial

 

Services and Markets Act 2000) for “paragraph 16(a)” substitute

 

“paragraphs 16(a) and 16D(a)”.”

Clause 26

6

Leave out Clause 26

Before Clause 27

7

Insert the following new Clause—

 

“Supreme Court chief executive, officers and staff

 

(1)    

For section 48(2) of the Constitutional Reform Act 2005 (chief executive of

 

the Supreme Court to be appointed by Lord Chancellor after consulting

 

President of the Court) substitute—

 

“(2)    

It is for the President of the Court to appoint the chief executive.”

 

(2)    

Section 49 of that Act (officers and staff of the Supreme Court) is amended

 

as follows.

 

(3)    

In subsection (2) (number of officers and staff, and their terms, are for the

 

chief executive but subject to the provision in subsection (3) about

 

application of civil service pension arrangements)—

 

(a)    

for “these matters with the agreement of the Lord Chancellor—”

 

substitute “the following matters—”, and

 
 

 
 

6

 
 

(b)    

for “subsection” substitute “subsections (2A) and”.

 

(4)    

After subsection (2) insert—

 

“(2A)    

Service as the chief executive of the Court, and service as an officer

 

or staff appointed under subsection (1), is service in the civil service

 

of the State.”

 

(5)    

In subsection (3) (civil service pension arrangements apply to chief

 

executive, officers and staff) for “The” at the beginning substitute

 

“Accordingly, the”.”

After Clause 27

8

Insert the following new Clause—

 

“Making and use of recordings of Supreme Court proceedings

 

(1)    

Section 9 of the Contempt of Court Act 1981 (recording of court

 

proceedings) is amended as follows.

 

(2)    

After subsection (1) insert—

 

“(1A)    

In the case of a recording of Supreme Court proceedings, subsection

 

(1)(b) does not apply to its publication or disposal with the leave of

 

the Court.”

 

(3)    

In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions,

 

withdrawal and amendment)—

 

(a)    

after “paragraph (a) of subsection (1)” insert “, or under subsection

 

(1A),”,

 

(b)    

for “if granted may” substitute “if granted—

 

(a)    

may, in the case of leave under subsection (1)(a),”,

 

and

 

(c)    

after “leave; and” insert—

 

“(b)    

may, in the case of leave under subsection (1A), be

 

granted subject to such conditions as the Supreme

 

Court thinks proper with respect to publication or

 

disposal of any recording to which the leave relates;

 

    

and”.

 

(4)    

In subsection (1) (activities which are contempt of court) after paragraph (c)

 

insert—

 

“(d)    

to publish or dispose of any recording in contravention of

 

any conditions of leave granted under subsection (1A).””

Clause 28

9

Page 30, line 18, leave out from “In” to end of line 20 and insert “the case of any

 

particular proceedings of a court or tribunal, the court or tribunal may in the

 

interests of justice or in order to ensure that a person is not unduly prejudiced—”

10

Page 30, line 36, at end insert—

 
 

 
 

7

 
 

“(5A)    

The preceding provisions of this section do not apply in relation to

 

Supreme Court proceedings.”

After Clause 29

11

Insert the following new Clause—

 

“Awards of exemplary damages

 

(1)    

This section applies where—

 

(a)    

a relevant claim is made against a person (“the defendant”),

 

(b)    

the defendant was a relevant publisher at the material time,

 

(c)    

the claim is related to the publication of news-related material, and

 

(d)    

the defendant is found liable in respect of the claim.

 

(2)    

Exemplary damages may not be awarded against the defendant in respect

 

of the claim if the defendant was a member of an approved regulator at the

 

material time.

 

(3)    

But the court may disregard subsection (2) if—

 

(a)    

the approved regulator imposed a penalty on the defendant in

 

respect of the defendant’s conduct or decided not to do so,

 

(b)    

the court considers, in light of the information available to the

 

approved regulator when imposing the penalty or deciding not to

 

impose one, that the regulator was manifestly irrational in

 

imposing the penalty or deciding not to impose one, and

 

(c)    

the court is satisfied that, but for subsection (2), it would have made

 

an award of exemplary damages under this section against the

 

defendant.

 

(4)    

Where the court is not prevented from making an award of exemplary

 

damages by subsection (2) (whether because that subsection does not apply

 

or the court is permitted to disregard that subsection as a result of

 

subsection (3)), the court—

 

(a)    

may make an award of exemplary damages if it considers it

 

appropriate to do so in all the circumstances of the case, but

 

(b)    

may do so only under this section.

 

(5)    

Exemplary damages may be awarded under this section only if they are

 

claimed.

 

(6)    

Exemplary damages may be awarded under this section only if the court is

 

satisfied that—

 

(a)    

the defendant’s conduct has shown a deliberate or reckless

 

disregard of an outrageous nature for the claimant’s rights,

 

(b)    

the conduct is such that the court should punish the defendant for

 

it, and

 

(c)    

other remedies would not be adequate to punish that conduct.

 

(7)    

Exemplary damages may be awarded under this section whether or not

 

another remedy is granted.

 

(8)    

The decision on the question of—

 
 

 
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