 House of Commons |
Publications on the internet Index of Amendments |
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S.C.D.
Amendment Paper as at
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| '() | Sub-paragraph (4) does not apply in relation to employment as a member of staff of the Chief Inspector of a person falling within section 11(1)(bza) of the Police Pensions Act 1976 (c.35) (members of staff of the Chief Inspector who are eligible for police pensions).'. |
Nick Herbert
145
Clause 29, page 28, leave out line 6.
Nick Herbert
146
Clause 29, page 28, line 11, at end insert—'(1A) Subsection (1)(a) shall only apply—
| (a) | after a period of at least five years from the commencement of this Act; |
| (b) | if an independent review commissioned by the Secretary of State concludes that it would be desirable for Her Majesty's Chief Inspector of Prisons to be replaced by the Chief Inspector; and |
| (c) | subject to an order to be laid before, and approved by a resolution of, each House of Parliament.'. |
Hazel Blears
89
Schedule 9, page 93, line 24, leave out paragraph 5 and insert—
| '5 | At the time appointed for the purpose by a property transfer scheme— |
- (a) property, rights and liabilities for whose transfer the scheme provides,
- (b) rights for whose creation the scheme provides, and
- (c) liabilities for whose imposition the scheme provides,
- are, by virtue of this paragraph, transferred or (as the case may be) created or imposed in accordance with the scheme.'.
NEW CLAUSES RELATING TO PART 4
Establishment of joint secretariat and planning unit for criminal justice system inspectorates
Lynne Featherstone
Martin Horwood
NC4
To move the following Clause:—'(1) There shall be a body to be known as the Joint Secretariat and Planning Unit for Criminal Justice System Inspectorates (in this Part to be known as "the Joint Secretariat").
(2) The Joint Secretariat will co-ordinate—
| (a) | Her Majesty's Inspectorate of Constabulary, |
| (b) | Her Majesty's Crown Prosecution Service Inspectorate, |
| (c) | Her Majesty's Inspectorate of Court Administration, |
| (d) | Her Majesty's Inspectorate of Prisons, |
| (e) | Her Majesty's Inspectorate of Probation, and |
| (f) | The immigration enforcement system.'. |
Appointment of chief executive
Lynne Featherstone
Martin Horwood
NC5
To move the following Clause:—
- 'The chief executive of the Joint Secretariat shall be appointed by a panel comprising the chief inspectors from: Her Majesty's Inspectorate of Constabulary; Her Majesty's Crown Prosecution Service Inspectorate; Her Majesty's Inspectorate of Court Administration; Her Majesty's Inspectorate of Prisons; Her Majesty's Inspectorate of Probation ("the Criminal Justice Chief Inspectors").'.
General duty of the secretariat and planning unit
Lynne Featherstone
Martin Horwood
NC6
To move the following Clause:—
- 'The Joint Secretariat shall work with the Criminal Justice Chief Inspectors to provide—
| (a) | the promotion and support for area inspections and joint thematic inspections, |
| (b) | links to inspectorates of other services, such as Her Majesty's Chief Inspector of Schools in England; the Adult Learning Inspectorate, the Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection and the Audit Commission, |
| (c) | administrative support for the Criminal Justice Chief Inspectors, and |
| (d) | capacity for joint planning of reports between the Criminal Justice Chief Inspectors.'. |
Regulations for establishment of Joint Secretariat and Planning Unit
Lynne Featherstone
Martin Horwood
NC7
To move the following Clause:—'(1) The Secretary of State may by regulation make provision for the establishment of the Joint Secretariat and in particular for—
| (a) | salaries, |
| (b) | allowances, |
| (c) | sums for the provision of pensions, |
| (d) | staff, and |
| (e) | general expenses. |
Hazel Blears
148
Clause 35, page 30, line 17, leave out lines 17 to 20 and insert—
| '(a) | intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3; or |
| (b) | believing that it is likely to be so used.'. |
Lynne Featherstone
Martin Horwood
60
Clause 35, page 30, line 18, leave out 'or' and insert 'and'.
Nick Herbert
150
Schedule 12, page 110, line 11, at end insert—
- '"(j) forum".'.
Nick Herbert
151
Schedule 12, page 110, line 13, leave out '19A' and insert '19B'.
Nick Herbert
152
Schedule 12, page 110, line 31, at end insert—'19B Forum
If the conduct disclosed by the request was committed partly in the United Kingdom, the judge shall not order the extradition of the person unless it appears, in the light of all the circumstances, that it would be in the interests of justice that the person should be tried in the category 1 territory.'.
Nick Herbert
155
Schedule 12, page 115, line 18, at end insert—
'Bars to extradition
| 6A | Section 79 (bars to extradition) is amended as follows— |
- (a) after subsection (1)(d) there is inserted—
- "(e) forum"; and
- (b) in subsection (2) leave out "83" and insert "83A".'.
Nick Herbert
156
Schedule 12, page 115, line 18, at end insert
'Forum
| 6B | After section 83 there is inserted— |
- "83A Forum
If the conduct constituting the offence was committed partly in the United Kingdom, the judge shall not order the extradition of the person unless it appears, in the light of all the circumstances, that it would be in the interest of justice that the person should be tried in the category 2 territory".'.
Nick Herbert
157
Schedule 12, page 115, line 18, at end insert—
'Case where person has not been convicted
| 6C | In section 84 (case where person has not been convicted) at the end of subsection (7)(b) there is inserted— |
- "provided always that this subsection shall not apply, except in relation to offences falling within the definition of an act of terrorism within the meaning of section 1(5) of the Terrorism Act 2000, if at the time the judge is required to proceed under this section, the designation of the category 2 territory to which extradition is requested is inconsistent with the terms of the extant bilateral extradition treaty or other arrangements with the category 2 territory".'.
Nick Herbert
158
Schedule 12, page 115, line 18, at end insert—
'Conviction in person's absence
| 6D | In section 86 (conviction in person's absence) at the end of subsection (7)(b) there is inserted— |
- "provided always that this subsection shall not apply, except in relation to offences falling within the definition of an act of terrorism within the meaning of section 1(5) of the Terrorism Act 2000, if at the time the judge is required to proceed under this section, the designation of the category 2 territory to which extradition is requested is inconsistent with the terms of the extant bilateral extradition treaty or other arrangements with the category 2 territory".'.
Nick Herbert
159
Schedule 12, page 115, line 18, at end insert—
'Orders and regulations
| 6E | In section 223 (orders and regulations) at the end of subsection (8) there is inserted— |
- "provided however that no designation of a territory under the provisions of section 71(4), section 73(5), section 84(7) or section 86(7) shall be inconsistent with the terms of an extant bilateral extradition treaty or other arrangements, except in relation to offences falling within the definition of an act of terrorism within the meaning of section 1(5) the Terrorism Act 2000".'.
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| ©Parliamentary copyright 2006 | Prepared 28 Mar 2006 |