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Publications on the internet Index of Amendments |
S.C.D.
Amendment Paper as at
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'Exceptions from section 19B for decisions not to prosecute etc. | 19D. Section 19B does not apply to
(b) where criminal proceedings are not continued as a result of a decision not to continue them, the decision and, where such a decision has been made (i) any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and
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Mr Simon Hughes
Sir Robert Smith
21
Clause 1, page 3, leave out lines 11 to 14.
Mr Simon Hughes
Sir Robert Smith
14
Clause 1, page 3, line 15, leave out subsection (2) and insert'(2) After section 78(2) of the 1976 Act there is inserted
"(2A)(a) In this Act, 'public authority' includes any person certain of whose functions are of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.".'.
Mr David Lidington
33
Schedule 1, page 10, line 15, at end insert'(3) In sub-paragraph (1), the term "government department" includes non-departmental public bodies and executive agencies.'.
Mr David Lidington
31
Schedule 1, page 10, line 37, at end insert'(3) Sub-paragraph (1) does not include any unit or part of a unit which is for the time being on active service.'.
Mr Simon Hughes
Sir Robert Smith
15
Schedule 1, page 12, line 29, at end insert'42A. The Queen's Household,'.
Mr Simon Hughes
Sir Robert Smith
22
Clause 2, page 3, line 20, after '(2)', insert 'and (4A)'.
Mr Mike O'Brien
34
Clause 2, page 3, line 28, at end insert'( ) Subsection (4) also applies to
Mr Simon Hughes
Sir Robert Smith
23
Clause 2, page 3, line 32, at end insert'(4A) Subsection (4B) applies to
(4B) In making the recommendations or giving or refusing the approval regarding terms and conditions of an appointment or the termination of such appointment the Minister of the Crown or Government department or other public authority shall not discriminate against another person.'.
Mr Mike O'Brien
29
Clause 2, page 4, line 3, after 'and' insert 'any part of'.
Mr Simon Hughes
Sir Robert Smith
51
Clause 3, page 4, line 26, after 'done', insert 'or omitted'.
Mr Simon Hughes
Sir Robert Smith
52
Clause 3, page 4, line 27, leave out ', or purported performance,'.
Mr David Lidington
35
Clause 3, page 5, line 11, at end insert'(7) It shall be a defence in any proceedings under this Act for a chief officer of police to prove that an alleged act of discrimination occurred as a result of, or in pursuance of, any policing objective set by the Secretary of State under section 37 of the Police Act 1996.'.
Mr Mike O'Brien
36
Clause 3, page 5, line 30, after second 'officer' insert 'or other person'.
Mr Mike O'Brien
37
Clause 4, page 6, leave out lines 26 to 45 and insert
(4D) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under subsection (1) would not result in the prejudice alleged." '.
Mr Simon Hughes
Sir Robert Smith
24
Clause 4, page 6, line 36, after '(1)', insert 'until the conclusion, including discontinuance, withdrawal or stay of the criminal proceedings'.
Mr Simon Hughes
Sir Robert Smith
53
Clause 4, page 6, line 36, leave out from '(1)' to end of line 39.
Mr Simon Hughes
Sir Robert Smith
25
Clause 4, page 6, line 45, at end insert'(4F) Any stay or sist granted under (4E) above shall be for fixed period only, on the expiry of which the court shall consider whether the proceedings under subsection (1) shall proceed and in doing so subsections (4D) and (4E) shall apply.'.
Mr Mike O'Brien
38
Clause 4, page 7, line 8, at end insert 'or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings'.
Mr Simon Hughes
Sir Robert Smith
26
Clause 4, page 7, line 13, at end insert'(4D) Without prejudice to subsections (4A) and (4B), the person aggrieved may re-serve on a subsequent date any questions to which the respondent has not replied in reliance on subsection (4B), and the prescribed periods referred to in subsection (3) shall not apply provided the questions had been served initially within the prescribed period.'.
Mr Mike O'Brien
39
Clause 5, page 7, leave out lines 16 to 29 and insert
"Claims under section 19B in immigration cases. | 57A.(1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if
(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section. (2) For the purposes of this section an immigration claim is a claim that a person
(3) Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it. (4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57. (5) In this section
and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded." '.
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©Parliamentary copyright 2000 | Prepared 18 Apr 2000 |