Amendments proposed to the Violent Crime Reduction Bill - continued	House of Commons
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The President and members of the panels

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC13

To move the following Clause:—

    '(1)   No person may be appointed President or member of the chairmen's panel unless he has a seven year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).

    (2)   The Secretary of State may by regulations make provision about the requirements to be satisfied by a person before he may be appointed a member of the lay panel.

    (3)   If, in the opinion of the Lord Chancellor and of the Lord Chief Justice, the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may, with the concurrence of the Lord Chief Justice, revoke his appointment.

    (4)   Each member of the chairmen's panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.

    (5)   The President or a member of the chairmen's panel or lay panel—

(a)	may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Secretary of State, and

(b)	is eligible for re-appointment if he ceases to hold office.'.

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Remuneration and expenses

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC14

To move the following Clause:—

    '(1)   The Secretary of State may pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration and allowances as the Secretary of State may, with the consent of the Treasury, determine.

    (2)   The Secretary of State may defray the expenses of the Tribunal to such amount as he may, with the consent of the Treasury, determine.'.

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Tribunal Procedure

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC15

To move the following Clause:—

    '(1)   The Secretary of State may by regulations make provision about the proceedings of the Tribunal on an appeal under this Chapter and the initiation of such an appeal.

    (2)   The regulations may, in particular, include provision—

(a)	as to the period within which, and the manner in which, appeals are to be instituted,

(b)	where the jurisdiction of the Tribunal is being exercised by more than one tribunal—

(i)	for determining by which tribunal any appeal is to be heard, and

(ii)	for the transfer of proceedings from one tribunal to another,

(c)	for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

(d)	for hearings to be conducted in the absence of any member other than the chairman,

(e)	as to the persons who may appear on behalf of the parties,

(f)	for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court,

(g)	requiring persons to attend to give evidence and produce documents,

(h)	for authorising the administration of oaths to witnesses,

(i)	for the determination of appeals without a hearing in prescribed circumstances,

(j)	as to the withdrawal of appeals,

(k)	for the award of costs or expenses,

(l)	for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

(m)	for the registration and proof of decisions and orders, and

(n)	for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

    (3)   The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may, with the consent of the Treasury, determine.

    (4)   Part I of the Arbitration Act 1996 shall not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Part.

    (5)   Any person who without reasonable excuse fails to comply with—

(a)	any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or

(b)	any requirement imposed by the regulations by virtue of subsection (2)(g),

is guilty of an offence.

    (6)   A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.

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Alcohol Disorder Zone (Designation) Tribunal for Wales

   

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC16

To move the following Clause:—

    '(1)   There shall be a tribunal to be known as the Alcohol Disorder Zone (Designation) Tribunal for Wales.

    (2)   Sections Appeals against designation of zones to Tribunal President shall apply in relation to that tribunal as they apply in relation to the Alcohol Disorder Zone (Designation) Tribunal, but as if—

(a)	functions of the Secretary of State were functions of the National Assembly for Wales,

(b)	references to the Secretary of State were references to the National Assembly for Wales,

(c)	requirements for the Treasury's consent were omitted.

    (3)   The powers of the National Assembly for Wales under sections 16B(4) and (5) and 16C(2) are exercisable only with the agreement of the Secretary of State.'.

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Hazel Blears

105

Clause     45,     page     39,     line     31,     after 'section;', insert—

'( )	section (Cross-border provisions relating to sexual offences);'.

   

Hazel Blears

106

Clause     45,     page     40,     line     8,     after '39', insert 'and the repeal by Schedule 3 of section 141(3) of the Criminal Justice Act 1988'.

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Prepared 11 Oct 2005