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NOTICES OF AMENDMENTSgiven up to and includingThursday 16th October 2003New Amendments handed in are marked thus * CONSIDERATION OF BILL
NEW CLAUSESAccessibility of justice
Mr David Heath NC1 To move the following Clause:—'In doing any thing in the discharge of his general duty in relation to the courts under section 1, the Lord Chancellor must have regard for the need for justice to be accessible.'.
Judicial independence
Mr David Heath NC2 To move the following Clause:—'The Lord Chancellor is under a general duty to preserve and maintain the independence of the judiciary.'.
Circuits
Mr David Heath NC3 To move the following Clause:—'( ) The courts boards within an individual Circuit may from time to time meet together to consider matters relating to the courts in that Circuit area. ( ) Before altering any Circuit area, the Lord Chancellor must consult with the courts boards affected.'.
General duty
Mr William Cash NC4 *To move the following Clause:—'The Lord Chancellor and the Department for Constitutional Affairs are under a general duty to preserve and maintain the independence, impartiality and integrity of the judiciary and the lay magistracy.'.
Mr David Heath 1 Page 1, line 5 [Clause 1], leave out 'and effective' and insert ', effective and accessible'.
Mr William Cash 48 *Page 1, line 10 [Clause 1], leave out 'and'.
Mr William Cash 49 *Page 1, line 10 [Clause 1], at end insert ', and that there is at least one magistrates' court in every local government area in the United Kingdom (at least one within every borough and district council area in England and Wales)'.
Mr William Cash 50 *Page 2, line 2 [Clause 1], at end insert 'which must include a report on the operation of this legislation and must contain a report by analysts independent of Her Majesty's Government about how the changes brought about by this legislation and other changes since May 1997 have affected the accessibility of courts to court users.'.
Mr William Cash 47 *Page 2, line 7 [Clause 2], at end insert 'and shall ensure that all those who sit as justices' clerks continue to retain their status independent of the Civil Service, owing their duty to the court and to the impartial administration of justice, whilst retaining all their pre-existing employment rights and benefits'.
Mr William Cash 46 *Page 3, line 4 [Clause 3], at end insert 'and shall ensure that accessibility of the courts to court-users is an overriding priority, and ensure that all guidelines on the provision of courts reflect this, to guarantee that no court buildings will be closed in future if the local magistrates believe they should remain open to provide local justice, irrespective of other factors'.
Mr David Heath 56 *Page 3, line 35 [Clause 4], leave out from 'specifying' to first 'the' in line 38 and insert—
Mr David Heath 2 Page 3, line 35 [Clause 4], leave out from 'which' to first 'the' in line 38 and insert—
Mr William Cash 51 *Page 3, line 35 [Clause 4], after 'as', insert '(or in any event no larger than)'.
Mr David Heath 3 Page 4, line 6 [Clause 5], after 'concerned', insert—'( ) in particular, to scrutinise, review and make recommendations about the way in which the Lord Chancellor is discharging his duty under section 21 in relation to the courts with which the board is concerned;'.
Mr David Heath 4 Page 5, line 13 [Clause 8], at end insert—'( ) No local justice area may include areas which form part of more than one area specified under section 4.'.
Mr David Heath 5 Page 5, line 13 [Clause 8], at end insert—'( ) No local justice area may include areas which form part of more than one area established under Schedule 11 to the Police Act 1996 (c. 16).'.
Mr William Cash 52 *Page 5, line 14 [Clause 8], at end insert 'but only with the prior consent of the lay justices for that area and in any event not in a way which removes the co-terminosity of a local justice area with a police authority area'.
Mr Christopher Leslie 37 Page 9, line 8 [Clause 17], leave out paragraph (c).
Mr David Heath 8 Page 14, line 14 [Clause 30], after 'courts', insert '(including family proceedings courts and youth courts)'.
Mr David Heath 6 Page 14, line 33 [Clause 30], after 'place', insert 'in the local justice area'.
Mr David Heath 7 Page 14, line 33 [Clause 30], at end insert—
Mr David Heath 55 *Page 44, line 14 [Clause 92], at end insert—'( ) The Lord Chancellor may not under this section prescribe fees which seek to recover
Mr William Cash 53 *Page 45, line 6 [Clause 93], leave out 'and'.
Mr William Cash 54 *Page 45, line 8 [Clause 93], at end insert ', and
Mr Christopher Leslie 38 Page 47, line 27 [Clause 97], leave out 'a local justice area, or particular local justice areas' and insert 'the local justice area or areas specified in the order'.
Mr Andrew Dismore 9 Page 49, line 17 [Clause 100], after 'may', insert ', if the claimant consents,'.
Mr Andrew Dismore 10 Page 50 [Clause 100], leave out lines 27 to 34.
Mr Christopher Leslie 39 Page 56, line 13 [Clause 103], leave out subsection (3) and insert—'(3) For subsection (1) substitute— "(1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Supreme Court a person who is—
Mr Christopher Leslie 40 Page 59, line 30 [Clause 109], at end insert—'( ) Schedule (Transitional provisions and savings) contains transitional provisions and savings.'.
NEW SCHEDULE
Mr Christopher Leslie NS1 To move the following Schedule:—
'Transitional provisions and savingsInterpretation
Orders contracting out the provision of officers and staff
(a) section 4(7) of the Taxes Management Act 1970 (c.9), or
(b) section 82(3) of the Value Added Tax Act 1994 (c.23), shall have effect as if made under section 2 for the purpose of discharging the Lord Chancellor's general duty in relation to the courts (and may be amended or revoked accordingly).
Local justice areas
Appointment and assignment of lay justices
(a) appointed under section 10(1) as a lay justice for England and Wales, and
(b) assigned under section 10(2)(a) to the local justice area which—
The supplemental list
Keepers of the rolls
(a) is specified as such in the first order under section 8, and
(b) immediately before section 16 comes into force, formed part of, or consisted of, that commission area .
Chairman and deputy chairmen of the bench
Senior District Judge (Chief Magistrate)
Justices' clerks and assistant clerks
(a) immediately before section 27 comes into force, was a justices' clerk for a petty sessions area (or areas), and
(b) is transferred to the Lord Chancellor's employment by virtue of paragraph 11 of Schedule 2, shall be treated as having been designated as a justices' clerk under section 27(1)(b) and assigned under section 27(3)(a) to the corresponding local justice area (or areas) specified in the first order under section 8.
(a) immediately before section 27 comes into force, was employed to assist a justices' clerk by acting as a clerk in court in proceedings before a justice or justices, and
(b) is transferred to the Lord Chancellor's employment by virtue of paragraph 11 of Schedule 2, shall be treated as having been designated as an assistant to a justices' clerk under section 27(5)(b).
(a) section 42 of the Justices of the Peace Act 1949 (c.101) (compensation in connection with Parts 2 and 3 of the 1949 Act), or
(b) paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (c.69) (compensation in connection with section 1 of the 1968 Act), and in force immediately before paragraph 20 of Schedule 4 to the JPA 1997 is repealed by this Act shall continue to have effect and may be revoked or amended despite the repeal by the Justices of the Peace Act 1979 (c.55) of the provisions under which they were made.
(a) for compensation to or in respect of persons falling within sub-paragraph (3) to be payable if such persons suffer loss of employment, or loss or diminution of emoluments, attributable to anything done under Part 2;
(b) for the determination by persons other than magistrates' courts committees of claims for compensation to be made;
(c) for the payment by the Lord Chancellor of compensation payable under the regulations.
(a) on 2nd February 1995 he held the office of justices' clerk or was employed to assist a justices' clerk, and
(b) is transferred to the Lord Chancellor's employment by virtue of paragraph 11 of Schedule 2.
Family proceedings courts
Youth courts
Inspectors of court administration
Collection of fines and discharge of fines by unpaid work
Register of judgments and orders
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