Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


 
 

22

51

Page 44, line 25, leave out subsection (17)

Schedule 8

52

Page 91, line 5, leave out “under a staff transfer scheme”

53

Page 98, line 14, at end insert—

 

“(aa)    

in paragraph (bfa) (inserted by Schedule 1 to the Police and Fire

 

Reform (Scotland) Act 2012 (Consequential Provisions and

 

Modifications) Order 2013), in sub-paragraph (vi), for “member

 

of staff of SOCA” substitute “National Crime Agency officer”;”

54

Page 98, line 18, leave out paragraph (a) and insert—

 

“(a)    

for paragraph (c) substitute—

 

“(c)    

in relation to any such service as is mentioned in

 

subsection (1)(bfa)(vi) or subsection (1)(ca) above,

 

or any service of the kind described in section

 

97(1)(cj) of the Police Act 1996, “police pension

 

authority” means the Director General of the

 

National Crime Agency and “pension supervising

 

authority” means the Secretary of State;”;”

55

Page 109, line 15, at end insert—

 

    “( )  

In section 195S (Codes of practice: Secretary of State), in subsection (1)(c),

 

for “members of staff of SOCA” substitute “NCA officers”.”

56

Page 110, line 24, at end insert—

 

    “( )  

In section 339ZA (disclosures to SOCA)—

 

(a)    

in the title, for “SOCA” substitute “the NCA”;

 

(b)    

for “Director General of the Serious Organised Crime Agency”

 

substitute “Director General of the National Crime Agency”.”

57

Page 112, line 16, at end insert—

 

    “( )  

In subsection (6)—

 

(a)    

for “a member of SOCA’s staff” substitute “an NCA officer”;

 

(b)    

for “SOCA” substitute “the Director General of the NCA”.”

58

Page 112, line 29, at end insert—

 

    “(2)  

In Schedule 3 to that Act (handling of complaints and conduct matters

 

etc), in paragraph 19F(7), for paragraph (b) substitute—

 

“(b)    

the National Crime Agency.””

59

Page 115, line 26, leave out “officer” and insert “agency”

60

Page 115, line 28, leave out from beginning to end of line 30 and insert—

 

““(b)    

the National Crime Agency;”.”

Schedule 10

61

Page 150, line 28, leave out “legal adviser or assistant legal adviser” and insert

 

“justices’ clerk or an assistant to a justices’ clerk”

62

Page 157, line 40, leave out from “31O” to end of line 3 on page 158 and insert

 
 

 
 

23

 
 

Justices’ clerks and assistants: functions”

63

Page 158, line 8, leave out “legal adviser” and insert “justices’ clerk”

64

Page 158, line 9, leave out from “a” to end of line 11 and insert “justices’ clerk given

 

under paragraph (a), or specified in subsection (5), to be carried out by an assistant

 

to a justices’ clerk.”

65

Page 158, line 12, leave out “legal adviser” and insert “justices’ clerk”

66

Page 158, line 17, leave out “adviser” and insert “clerk”

67

Page 158, line 18, leave out “adviser thinks that the adviser” and insert “clerk

 

thinks that the clerk”

68

Page 158, line 25, leave out “legal adviser” and insert “justices’ clerk”

69

Page 158, line 27, leave out “legal adviser” and insert “justices’ clerk”

70

Page 158, line 28, leave out “legal adviser” and insert “justices’ clerk”

71

Page 158, line 32, leave out “legal adviser” and insert “to a justices’ clerk”

72

Page 158, line 33, leave out “legal adviser” and insert “justices’ clerk”

73

Page 158, line 37, leave out “legal adviser or assistant legal adviser” and insert

 

“justices’ clerk or an assistant to a justices’ clerk”

74

Page 158, line 43, leave out “legal adviser or assistant legal adviser” and insert

 

“justices’ clerk or an assistant to a justices’ clerk”

75

Page 159, line 11, leave out from beginning to end of line 13 on page 160

76

Page 160, line 22, leave out “regulations under section 31P(4) or”

77

Page 160, line 24, leave out “regulations or”

78

Page 161, line 19, after “court” insert “and to be varied by that court”

79

Page 162, line 22, leave out paragraph 8 and insert—

 

“8  (1)  

Section 4 (variation etc of orders registered in a magistrates’ court) is

 

amended as follows.

 

      (2)  

In subsection (1) (orders in relation to which section 4 applies) for

 

“orders registered in magistrates’ courts” substitute “High Court orders

 

registered in the family court”.

 

      (3)  

In subsection (2)(a) (court of registration may vary rate of payments

 

specified by order)—

 

(a)    

for “court of registration” substitute “family court”, and

 

(b)    

for “original court” substitute “High Court”.

 

      (4)  

In subsection (2)(b) (general rule that variation of rate of payments

 

specified by registered order is to be by court of registration) for the

 

words from “court of registration” to the end substitute “family court.”

 

      (5)  

Omit subsections (2A) to (2C), (5A), (5B) and (7).

 

      (6)  

In subsection (4) (power of court of registration to remit application for

 

variation of rate of payments to original court)—

 
 

 
 

24

 
 

(a)    

omit “it appears to the court to which”,

 

(b)    

after “registered order” insert “and it appears to the family

 

court”,

 

(c)    

for “original court”, in both places, substitute “High Court”, and

 

(d)    

for “first-mentioned court” substitute “family court”.

 

      (7)  

In subsection (5) (other circumstances in which original court has

 

jurisdiction to vary rate of payments) for “original court” substitute

 

“High Court”.

 

      (8)  

In subsection (6A) (with the exception of power to make provision as to

 

means of payment, magistrates’ courts in England and Wales have no

 

power to vary certain orders made by Court of Session or by High Court

 

in Northern Ireland)—

 

(a)    

for the words before “variation” substitute “Although such an

 

order as is mentioned in this subsection may be varied under

 

section 1 of the Maintenance Enforcement Act 1991 as applied by

 

section 4A(2) of this Act, no application for any other”,

 

(b)    

for “any court” substitute “the family court”,

 

(c)    

for “that court” substitute “the family court”, and

 

(d)    

for “section 1(2)” substitute “sections 1(2) and 2(6A)”.

 

      (9)  

In subsection (6B) (no application to be made to a magistrates’ court for

 

variation of certain orders) for “any court” substitute “the family court”.”

80

Page 163, line 1, leave out “or an officer of that court”

81

Page 163, line 4, leave out “or an officer of that court”

82

Page 169, line 2, at end insert—

 

“51A      

In section 144 (procedure rules for civil proceedings in magistrates’

 

courts and before justices’ clerks) after subsection (1) insert—

 

“(1ZA)    

Subsection (1) does not apply in relation to functions of justices’

 

clerks given under section 31O(4)(a), or specified in section

 

31O(5), of the Matrimonial and Family Proceedings Act 1984

 

(functions in the family court).””

83

Page 172, line 37, leave out “or an officer of the court”

84

Page 172, line 40, leave out “, or an officer of the court,”

85

Page 174, line 14, at end insert—

 

      “()  

After subsection (2) insert—

 

“(2A)    

Subsection (2) does not apply in relation to functions of a justices’

 

clerk given under section 31O(4)(a), or specified in section

 

31O(5), of the Matrimonial and Family Proceedings Act 1984

 

(functions in the family court, but see section 31O(4)(b) of that

 

Act).””

86

Page 174, line 20, at end insert—

 

“87A      

In section 34(2) (no order for costs in legal proceedings to be made

 

against justices’ clerk or assistant in respect of acts or omissions in

 

exercising functions of a single justice of the peace) after “function of a

 
 

 
 

25

 
 

single justice of the peace” insert “or a function of the family court or of

 

a judge of that court.”

87

Page 176, leave out lines 16 and 17

88

Page 176, line 18, leave out “paragraphs 3 and” and insert “paragraph”

89

Page 177, line 2, leave out “paragraphs 4 and 5” and insert “paragraph 4”

90

Page 177, line 47, leave out “22,” and insert “22(2),”

Schedule 11

91

Page 183, line 9, leave out sub-paragraphs (3) to (7) and insert—

 

      “()  

For subsections (1A) to (1E) (powers of magistrates’ courts in England

 

and Wales to vary registered orders) substitute—

 

“(1A)    

The family court may exercise the same powers in relation to an

 

order registered in the family court under this Part of this Act as

 

are exercisable by the family court under section 1 of the

 

Maintenance Enforcement Act 1991 in relation to a qualifying

 

periodical maintenance order (within the meaning of that

 

section) which has been made by the family court, including the

 

power under subsection (7) of that section to revoke, suspend,

 

revive or vary any means of payment order (within the meaning

 

of that subsection) made by virtue of this subsection.””

92

Page 211, line 37, column 2, at end insert—

  

“In Schedule 2, paragraph 3(3).”

 

Schedule 13

93

Page 219, line 12, at end insert—

 

“8A      

In section 27 of the Constitutional Reform Act 2005 (selection for

 

appointment to Supreme Court to be on merit etc) after subsection (5)

 

insert—

 

“(5A)  

Where two persons are of equal merit—

 

(a)    

section 159 of the Equality Act 2010 (positive action:

 

recruitment etc) does not apply in relation to choosing

 

between them, but

 

(b)    

Part 5 of that Act (public appointments etc) does not

 

prevent the commission from preferring one of them

 

over the other for the purpose of increasing diversity

 

within the group of persons who are the judges of the

 

Court.””

94

Page 221, line 41, leave out “Wales, of some other” and insert “a particular

 

geographical”

95

Page 221, line 44, at end insert—

 

“6B      

The powers to make regulations under this Part of this

 

Schedule are to be exercised with a view to ensuring, so far as

 
 

 
 

26

 
 

may be practicable, that the Commissioners who are lay

 

members include at any time at least one person who appears

 

to have special knowledge of Wales.””

96

Page 224, line 44, leave out sub-paragraphs (2) to (5)

97

Page 225, line 31, leave out “subsections (4) to” and insert “subsection (4) or”

98

Page 226, line 14, leave out “Chief Justice” and insert “Chancellor”

99

Page 226, line 26, at end insert “,

 

    

but only with any agreement of the Lord Chief Justice, or

 

a nominee of the Lord Chief Justice, that may be required

 

by those terms.”

100

Page 226, line 36, leave out “, (5A)(a), (5B) or (5C)(c)” and insert “or (5A)(a)”

101

Page 227, line 20, leave out “Chief Justice” and insert “Chancellor”

102

Page 227, line 31, at end insert “,

 

    

but only with any agreement of the Lord Chief Justice, or

 

a nominee of the Lord Chief Justice, that may be required

 

by those terms.”

103

Page 227, line 40, leave out “, (6A)(a), (6B) or (6C)(c)” and insert “or (6A)(a)”

104

Page 228, line 25, leave out “Chief Justice” and insert “Chancellor”

105

Page 228, line 33, at end insert “,

 

    

but only with any agreement of the Lord Chief Justice, or

 

a nominee of the Lord Chief Justice, that may be required

 

by those terms.”

106

Page 228, line 42, leave out “, (5ZA)(a), (5ZB) or (5ZC)(c)” and insert “or (5ZA)(a)”

107

Page 229, line 27, leave out “Chief Justice” and insert “Chancellor”

108

Page 229, line 35, at end insert “,

 

    

but only with any agreement of the Lord Chief Justice, or

 

a nominee of the Lord Chief Justice, that may be required

 

by those terms.”

109

Page 229, line 43, leave out “, (3A)(a), (3B) or (3C)(c)” and insert “or (3A)(a)”

110

Page 230, line 22, leave out “Chief Justice” and insert “Chancellor”

111

Page 230, line 31, at end insert “,

 

    

but only with any agreement of the Lord Chief Justice, or

 

a nominee of the Lord Chief Justice, that may be required

 

by those terms.”

112

Page 230, line 40, leave out “, (4)(a), (4A) or (4B)(c)” and insert “or (4)(a)”

113

Page 232, leave out line 34

114

Page 232, leave out line 36

115

Page 232, line 37, leave out “7(3A)(a)” and insert “7(1)”

116

Page 232, leave out line 38

 
 

 
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Revised 20 March 2013