Vote Bundle Text (990616-05)

Amendments proposed to the Access to Justice Bill [Lords], As Amended - continued	House of Commons

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Mr Keith Vaz

Page 89, line 15 [Schedule 7], leave out 'the Solicitors Act 1974' and insert 'that Act'.

Mr Keith Vaz

Page 89, line 45 [Schedule 7], at end insert 'and

(b) whichever of the Society and the Tribunal made it may at any time revoke it.'.

Mr Keith Vaz

Page 90, line 9 [Schedule 7], at end insert—

'. In section 44(2) of that Act (breach of order by solicitor), for the words from "an order" to the end of paragraph (b) substitute "an order under section 43(2) is in force in respect of a person".'.

Mr Keith Vaz

That Schedule 10 be transferred to end of line 36 on page 91.

Mr Keith Vaz

Page 106 [Schedule 10], leave out lines 11 to 13.

Mr Keith Vaz

Page 109 [Schedule 12], leave out lines 25 to 28 and insert—

'2.—(1) Section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk) is amended as follows.

(2) Number the existing provision as subsection (1) and for the words from "under the hand" to "such clerk or other officer," substitute "by the proper officer of the court where such conviction or acquittal took place".

(3) After that subsection insert—

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer."

The Criminal Procedure Act 1865 (c.18)

2A.—(1) Section 6 of the Criminal Procedure Act 1865 (proof of previous conviction of witness by certificate signed by clerk) is amended as follows.

(2) Number the existing provision as subsection (1) and for the words from "the clerk" to "such clerk or officer," substitute "the proper officer of the court where the offender was convicted".

(3) After that subsection insert—

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer."

The Prevention of Crimes Act 1871 (c.112)

2B.—(1) Section 18 of the Prevention of Crimes Act 1871 (evidence of previous conviction by record signed by clerk) is amended as follows.

(2) For the words from "clerk of the court" to "such clerk or officer;" substitute "proper officer of the court by which such conviction was made;".

(3) For "clerk or other officer" substitute "proper officer".

(4) At the end of that section insert—

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.".'.

Mr Keith Vaz

Page 109, line 39 [Schedule 12], at end insert '(but that section as modified in relation to Northern Ireland by section 11 of that Act is not so amended)'.

Mr Keith Vaz

Page 134 [Schedule 12], leave out lines 3 and 4 and insert—

'172.—(1) Section 68 of the Merchant Shipping Act 1995 (power to summon witness) is amended as follows.

(2) In subsection (4) (particulars of fine to be given to clerk), for "clerk" substitute "proper officer".

(3) After that subsection insert—

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b) in relation to a magistrates' court in Northern Ireland, the clerk of the court.".'.

Mr Keith Vaz

Page 137, line 45 [Schedule 13], at end insert-

'Legal aid in Scotland

. If section 32 of this Act comes into force before section 1 of the Tax Credits Act 1999, the reference in section 32 to disabled person's tax credit shall, until section 1 of the Tax Credits Act 1999 comes into force, have effect as a reference to disability working allowance.'.

Mr Keith Vaz

Page 141, line 6 [Schedule 13], leave out 'coming into force of section 74 of this Act,' and insert 'Greater London Magistrates' Courts Authority becomes the magistrates' courts committee for Greater London,'.

Mr Keith Vaz

Page 142, line 10 [Schedule 13], leave out 'begins to act as a magistrates' courts committee,' and insert 'becomes the magistrates' courts committee for Greater London,'.

Mr Keith Vaz

Page 142, line 12 [Schedule 13], at end insert—

'(2) For the purposes of sections 39A and 39B of the Justices of the Peace Act 1997 (inserted by section (Code of conduct) of this Act) the Authority shall be treated as a magistrates' courts committee until it actually becomes the magistrates' courts committee for Greater London.'.

Mr Keith Vaz

That Part IV(5) (Enforcement of community orders) of Schedule 14 be transferred to end of line 27 on page 148.

Mr Keith Vaz

Page 145, line 54 [Schedule 14], at end insert—

'1998 c. 37.

The Crime and Disorder Act 1998.

Section 49(1)(j).

Section 50(5).

In Schedule 8, paragraph 67.'.

Mr Keith Vaz

Page 146, line 12, column 3 [Schedule 14], leave out from 'section' to end of line 14 and insert '32(4), the words "to the Director of Public Prosecutions" and the words ", if the Director thinks fit,".'.

Mr Keith Vaz

*Page 146, line 36, column 3 [Schedule 14], at beginning insert 'Section 9(2)(g).'.

Mr Keith Vaz

Page 146, line 37, column 3 [Schedule 14], after '2,' insert 'in paragraph 3, the words "to the Director of Public Prosecutions" and the words ", if the Director thinks fit," and,'.

Mr Keith Vaz

Page 147, line 24, column 3 [Schedule 14], at end insert—

'In Schedule 3—
in paragraph 3, in sub-paragraph (1) the words "with the approval of the Treasury" and, in sub-paragraph (2), the words ", with the consent of the Treasury,",
in paragraph 4(2) the words "given with the consent of the Treasury", and
in paragraph 9(3), the words "with the approval of the Treasury".'.




©Parliamentary copyright 1998	Prepared 16 Jun 1999