Amendment Paper as at
Tuesday 1st March 2005
COMMITTEE OF THE WHOLE HOUSE
CONSTITUTIONAL REFORM BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the House [17th January 2005 and 31st January 2005].
Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly
360
Clause 8, page 4, line 29, at end insert 'in England and Wales'.
Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly
352
Clause 8, page 4, line 34, at end insert 'in England and Wales'.
Mr Christopher Leslie
25
Clause 8, page 4, line 37, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly
353
Clause 9, page 5, line 2, at end insert 'in England and Wales'.
Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly
354
Clause 9, page 5, line 4, at end insert 'in England and Wales'.
Mr Christopher Leslie
26
Clause 9, page 5, line 7, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
27
Schedule 1, page 54, line 12, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
28
Schedule 1, page 54, line 24, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
29
Schedule 1, page 54, line 25, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
30
Schedule 1, page 54, line 26, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
31
Schedule 1, page 54, line 29, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
32
Schedule 1, page 54, line 30, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
33
Schedule 1, page 55, line 3, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
34
Schedule 1, page 55, line 9, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
490
Schedule 1, page 55, line 33, at end insert—
| '(4) | In subsection (6) for "this section" substitute "subsection (1)".'. |
Mr Christopher Leslie
370
Schedule 1, page 56, line 26, leave out paragraph 15.
Mr Christopher Leslie
35
Schedule 2, page 58, line 30, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
36
Schedule 2, page 59, line 6, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
371
Schedule 2, page 59, line 10, at end insert—
| '(2A) | Sub-paragraph (1) does not apply to designated directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be made or given only after consulting the Lord Chancellor.'. |
Mr Christopher Leslie
372
Schedule 2, page 59, line 11, after 'If', insert 'sub-paragraph (1) applies but'.
Mr Christopher Leslie
37
Schedule 2, page 59, line 11, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
38
Schedule 2, page 59, line 12, leave out 'Minister' and insert 'Lord Chancellor'.
Mr Christopher Leslie
373
Schedule 2, page 60, line 14, at end insert—
'(6) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
| (a) | after consulting the Lord Chancellor, and |
| (b) | with the approval of the Lord Chief Justice.'. |
Mr Christopher Leslie
374
Schedule 2, page 60, line 33, at end insert—
'(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
| (a) | after consulting the Lord Chancellor, and |
| (b) | with the approval of the Lord Chief Justice.'. |
Mr Christopher Leslie
375
Schedule 2, page 61, line 7, at end insert—
'(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
| (a) | after consulting the Lord Chancellor, and |
| (b) | with the approval of the Lord Chief Justice.'. |
Mr Christopher Leslie
644
Schedule 3, page 63, line 6, leave out 'Supreme Court' and insert 'Senior Courts'.
Mr Christopher Leslie
491
Clause 13, page 5, line 35, leave out 'certain functions of' and insert 'functions to or from'.
Mr Christopher Leslie
492
Clause 13, page 5, line 39, at end insert—
'(2) Schedule (Functions under legislation relating to Northern Ireland) makes similar provision about functions under legislation relating to Northern Ireland.'
Mr Christopher Leslie
376
Schedule 4, page 64, line 5, at end insert—
| A1 | (1) | In section 11 of the Ecclesiastical Licences Act 1533 (refusal of archbishop to grant licences etc.) any reference to the Lord Chancellor or Lord Keeper of the Great Seal (however expressed) is to be read as a reference to the Chancellor of the High Court. |
| (2) | The Chancellor of the High Court may nominate another judge of that court to exercise his functions under that section.'. |
Mr Christopher Leslie
377
Schedule 4, page 64, line 23, at end insert—
| 5A | | The Pluralities Act 1838 is amended as follows. |
| 5B | (1) | Section 126 (consent of patron etc. where patronage in the Crown) is amended as follows. |
| (2) | For the words from "if such benefice shall be above" to "great seal" substitute "unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which the power shall be exercised shall be executed by, and any such notice shall be given to, the Prime Minister". |
| 5C | (1) | Section 128 (consent of patron etc. where patronage attached to duchy of Cornwall) is amended as follows. |
| (2) | For the words from "the same" to "benefice in the patronage of the crown" substitute "the Prime Minister, in accordance with section 126". |
| (3) | Omit "or persons" in the second place. |
| 5D | | The Ecclesiastical Leasing Act 1842 is amended as follows. |
| 5E | (1) | Section 22 (consent of patron where patronage in the Crown) is amended as follows. |
| (2) | For the words from "if such benefice shall be above" to "great seal," substitute "unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which such consent or concurrence is to be testified shall be executed by the Prime Minister". |
| 5F | | In section 23 (consent of patron where patronage attached to duchy of Cornwall), for the words from "the same" to "concurrence of the crown" substitute "the Prime Minister, in accordance with section 22". |
| 5G | (1) | Section 5 of the Public Notaries Act 1843 (refusal of master of faculties to grant a faculty) is amended as follows. |
| (2) | For "chancellor of England or the lord keeper of the great seal" substitute "Chancellor of the High Court". |
| (3) | At the end of that section insert— |
"The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section."
| (4) | This paragraph is subject to section 2(3) and (4) of the Statute Law (Repeals) Act 1998 (repeals relating to Isle of Man and Channel Islands). |
| 5H | | In section 12 of the Inclosure Act 1859 (adaptation of references to patron where patronage is in the Crown) for the words from "Lord High" to "Great Seal" substitute "Prime Minister".'. |
Mr Christopher Leslie
493
Schedule 4, page 64, line 34, leave out '(8)'.
