Amendments proposed to the Constitutional Reform Bill [Lords] - continued House of Commons

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Mr Christopher Leslie

503

Schedule     4,     page     70,     line     38,     at end insert—

'Land Powers (Defence) Act (Inquiries) Rules 1958 (S.I. 1958/2231)

 (1) Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958 (interpretation) is amended as follows.

(2) In paragraph (1), in the definition of "appointed person" for the words from "appointed by" to the end substitute "appointed in accordance with sub-paragraph (1A) of paragraph 4 of the Second Schedule to the Act to hold an inquiry pursuant to that paragraph;".'.

   

Mr Christopher Leslie

504

Schedule     4,     page     71,     line     29,     at end insert—

'41A  Schedule 11 (application to Northern Ireland) is amended as follows.

41B (1) Paragraph 6 (appointment of referee or board of referees) is amended as follows.

(2) That paragraph becomes sub-paragraph (1) of paragraph 6.

(3) After that sub-paragraph insert—

    "(2)   The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

(a)   the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c.26);

(b)   a Lord Justice of Appeal (as defined in section 88 of that Act)."

41C  Omit paragraph 10.

   

Mr Christopher Leslie

505

Schedule     4,     page     72,     line     5,     at end insert—

'(b)   before "the Lord Chief Justice of Northern Ireland" insert "by the Lord Chancellor with the concurrence of".'.

   

Mr Christopher Leslie

506

Schedule     4,     page     72,     line     7,     after 'Lord Chief Justice' insert 'of England and Wales'.

   

Mr Christopher Leslie

507

Schedule     4,     page     72,     line     9,     at end insert—

'(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)—

(a)   the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c.26);

(b)   a Lord Justice of Appeal (as defined in section 88 of that Act).".'.

   

Mr Christopher Leslie

380

Schedule     4,     page     72,     leave out lines 35 to 37 and insert—

'( ) After subsection (3) insert—

    "(3A)   The Lord Chancellor may designate a person under subsection (3) only with the'.

   

Mr Christopher Leslie

381

Schedule     4,     page     72,     line     41,     at end insert—

'( ) After subsection (4) insert—

    "(4A)   The Lord Chancellor may remove a Special Commissioner from office under subsection (4) only with the concurrence of the appropriate senior judge.

    (4B)   The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a) the Special Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b) the Special Commissioner exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.".'.

   

Mr Christopher Leslie

382

Schedule     4,     page     73,     line     4,     leave out from 'subsection' to end of line 5 and insert '(3A).'.

   

Mr Christopher Leslie

383

Schedule     4,     page     73,     line     9,     leave out from 'subsection' to end of line 10 and insert '(3A).'.

   

Mr Christopher Leslie

384

Schedule     4,     page     73,     line     12,     leave out from 'subsection' to end of line 13 and insert '(3A)—'.

   

Mr Christopher Leslie

385

Schedule     4,     page     74,     line     5,     leave out paragraph 51 and insert—

'(1) Section 21 (appointment of Recorders) is amended as follows.

(2) For subsections (3) and (4) substitute—

    "(3)   The appointment of a person as a Recorder shall specify the following—

(a) the term for which he is appointed;

(b) the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

(c) the circumstances in which the Lord Chancellor may—

(i) decline to extend the term of the appointment, or

(ii) terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

    (4A)   Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

    (4B)   The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension.

    (4C)   The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds—

(a) the incapacity or misbehaviour of the Recorder;

(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies."

(3) For subsection (6) substitute—

    "(6)   The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

(a) the incapacity or misbehaviour of the Recorder;

(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.".'.

   

Mr Christopher Leslie

508

Schedule     4,     page     74,     line     30,     at end insert—

'Misuse of Drugs Act 1971 (c.38)

(1) Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies and professional panels) is amended as follows.

(2) In the table in paragraph 21 (application of Parts 1 to 3 to Northern Ireland), in the entry for paragraph 1—

(a)   for "the references to the Lord Chancellor and" substitute "any reference to";

(b)   for "respectively references to the Lord Chief Justice of Northern Ireland and" substitute "a reference to".

(3) In that table, in the entry for paragraph 13—

(a)   for "the references to the Lord Chancellor and" substitute "any reference to the";

(b)   for "respectively references to the Lord Chief Justice of Northern Ireland and" substitute "a reference to";

(c)   at the end of that entry insert—

 "After sub-paragraph (2) there shall be inserted—

    "(3)   The Lord Chancellor must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a).(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c.26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."".'.

   

Mr Christopher Leslie

509

Schedule     4,     page     75,     line     20,     at end insert—

'Plant Varieties and Seeds Tribunal Rules 1974 (S.I. 1974/1136)

 (1) Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974 (interpretation) is amended as follows.

(2) In paragraph (1), in the definition of "the chairman" for the words from "appointed" to "Northern Ireland" in the second place substitute "appointed in accordance with paragraph 2, 3 or 4 of Schedule 3 to the Plant Varieties Act 1997".'.

   

Mr Christopher Leslie

386

Schedule     4,     page     75,     line     27,     after 'Wales', insert ', the Lord President of the Court of Session'.

   

Mr Christopher Leslie

387

Schedule     4,     page     75,     line     33,     at end insert—

'( ) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.'.

   

Mr Christopher Leslie

388

Schedule     4,     page     75,     line     36,     leave out 'section' and insert 'paragraph'.

   

Mr Christopher Leslie

389

Schedule     4,     page     76,     line     6,     leave out from first 'of' to end of line 8 and insert 'the appropriate senior judge.

8B  The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.".'.

   

Mr Christopher Leslie

390

Schedule     4,     page     76,     line     8,     at end insert—

'Local Land Charges Act 1975 (c.76)

61A  The Local Land Charges Act 1975 is amended as follows.

61B  After section 13 insert—

    "13A   Specification of fees by registering authorities in England

    (1)   Each registering authority in England must specify fees which are to be payable by persons for services relating to local land charges which are provided to them by the authority.

    (2)   This section does not apply to any fees payable for the making of a personal search (for which see section 14(1)(h)(i) below).

    (3)   Different fees may be specified for different services or descriptions of service.

    (4)   A registering authority may provide for there to be services or descriptions of service in respect of which no fees are to be payable.

    (5)   In specifying fees, a registering authority must secure that, taking one financial year with another, the income from fees for each service or description of service, or for each group of services or descriptions of service that they think appropriate, does not exceed the costs of its provision.

    (6)   When exercising the duty under subsection (1) above, a registering authority must specify the date on or after which the fees specified under that subsection are to be payable.

    (7)   Where the duty under subsection (1) above is exercised by a registering authority, they must publish details of the fees specified under that subsection before the date mentioned in subsection (6) above.

    (8)   If any fees specified under subsection (1) above are to be the same immediately before as immediately after the beginning of a financial year, a registering authority must publish details of those fees shortly before the beginning of the financial year.

    (9)   In specifying fees or publishing details of fees, a registering authority must have regard to such guidance as the Lord Chancellor may issue.

    (10)   That guidance—

(a) may also include provision concerning the manner in which fees are to be paid, and

(b) may be framed by reference to guidance issued by a person other than the Lord Chancellor.

    (11)   The Lord Chancellor must lay before both Houses of Parliament any guidance that he issues under this section.

    (12)   In this section "financial year" means a period of 12 months beginning with 1st April."

61C (1) Section 9 (official searches) is amended as follows.

(2) For subsection (3) substitute—

    "(3)   In relation to England, the fee (if any) specified by a registering authority under section 13A below shall be payable, in such manner as the authority may specify, in respect of any requisition made under this section to that authority.

    (3A)   In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section."

(3) In subsection (4)—

(a)   after "fee" insert "(if any)";

(b)   after "(3)" insert "or (3A)".

61D (1) In section 14 (rules), for subsection (1)(h) substitute—

"(h) for prescribing—

(i) in relation to England, the fees, if any, to be paid for the making of any personal search;

(ii) in relation to Wales, the fees, if any, to be paid for the filing of documents with a registering authority, the making of any entry on a register, the supply of copies of, or the variation or cancellation of, any such entry, and the making of any search of a register."

(2) The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.'.

 
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