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

113

*Page     143,     line     4     [Schedule     13],     at end insert—

'Stamp duty on transfer schemes

    .—(1) Stamp duty shall not be chargeable—

(a) on any scheme under paragraph 32, or

(b) on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Lord Chancellor as made in pursuance of such a scheme.

    (2) No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless—

(a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b) it is stamped with the duty to which it would be liable, apart from this paragraph.

    (3) Section 12 of the Finance Act 1895 shall not operate to require—

(a) the delivery to the Inland Revenue of a copy of this Act, or

(b) the payment of stamp duty under that section on any copy of this Act,

    and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.'.

   

Mr Keith Vaz

114

*Page     143,     line     29     [Schedule     13],     at end insert—

'Pensions of inner London court staff

    .—(1) The Lord Chancellor may by order made by statutory instrument make provision about the provision of pensions for or in respect of persons who are or have been members of the inner London court staff.

    (2) An order under this paragraph may include provision for, or in connection with—

(a) enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme, and

(b) the administration or management of pension schemes or pension funds.

    (3) Provision of the kind specified in sub-paragraph (2)(a) may—

(a) with the consent of the Minister for the Civil Service, include provision for section 1 of the Superannuation Act 1972 (pensions of civil servants etc) to apply to persons who are or have been members of the inner London court staff, or

(b) include provision for persons who have been members of the inner London court staff but who are employees of the Greater London Magistrates' Courts Authority by virtue of a scheme under paragraph 32 to be regarded as continuing to be members of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs).

    (4) An order under this paragraph containing provision of the kind specified in sub-paragraph (3)(a) may also contain provision for such body or person as may be specified in the order to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision (so far as referable to that body or person) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

    (5) Where an order is made under this paragraph containing provision of the kind specified in sub-paragraph (3)(a), the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit—

(a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to persons who are or have been members of the inner London court staff, or

(b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person.

    (6) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under sub-paragraph (5)(a) may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

    (7) Where a person is authorised under sub-paragraph (5)(b) or (6) to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

    (8) Sub-paragraph (7) does not apply for the purposes of—

(a) any criminal proceedings against the authorised person (or any employee of his), or

(b) any contract between him and the person who authorised him, so far as relating to the function.

    (9) An order under this paragraph may provide that any enactment repealed by this Act shall continue to have effect for any purpose specified in the order with such modifications as may be so specified.

    (10) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (11) In this paragraph the "inner London court staff" means—

(a) the justices' chief executive employeed by the magistrates' courts committee for the area consisting of the inner London boroughs,

(b) any justices' clerk for that area, and

(c) staff of the magistrates' courts committee for that area.'.

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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

83

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.'.

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Mr Keith Vaz

84

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

93

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

   

Mr Keith Vaz

85

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,'.

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Mr Keith Vaz

86

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".'.

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Mr Keith Vaz

115

*Page     155,     line     21     [Schedule     14],     at end insert—

'1965 c. 63.

The Public Works Loans Act 1965.

In section 2(1)(a), the word "and" at the end of sub-paragraph (iii).

   

Mr Keith Vaz

116

*Page     155,     line     24     [Schedule     14],     at end insert—

'1968 c. 13.	The National Loans Act 1968.	In Schedule 4, in paragraph 1(a), the word "and" at the end of sub-paragraph (iii).
1971 c. 56.	The Pensions (Increase) Act 1971.	In Schedule 6, paragraph (d).'

   

Mr Keith Vaz

117

*Page     155     [Schedule     14],     leave out lines 27 to 35.

   

Mr Keith Vaz

118

*Page     155     [Schedule     14],     leave out line 44.

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Mr Keith Vaz

119

*Title,     line     4,     leave out from 'appeals' to 'court' in line 8 and insert ', courts, judges and'.

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Prepared 17 Jun 1999