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Notices of Amendments: 21st June 2007                  

1408

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

(b)    

ceased to hold the office of district judge within two years ending with

 

the date when the appointment takes effect.

 

(1C)    

Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain

 

office holders) does not apply to an appointment to which subsection (1B)

 

applies.”’.

 

Vera Baird

 

57

 

Page  201,  line  38  [Schedule  11],  leave out ‘under subsection (1B)’ and insert ‘to

 

which subsection (1B) applies’.

 

Vera Baird

 

58

 

Page  202,  line  24  [Schedule  11],  leave out sub-paragraphs (2) and (3) and insert—

 

    ‘(2)  

If the person had held the office of district judge before his appointment, the

 

person is to be treated after the commencement date as if section 102(1B) of

 

that Act had applied to his appointment (and had been complied with).’.

 

Vera Baird

 

59

 

Page  203,  line  7  [Schedule  11],  leave out from ‘judge,’ to end of line 14 and insert

 

‘or

 

(b)    

holds, or has held, the office of district judge.

 

(1ZB)    

The Lord Chancellor may not appoint a person under subsection (1)

 

without the concurrence of the Lord Chief Justice if the person—

 

(a)    

holds the office of district judge, or

 

(b)    

ceased to hold the office of district judge within two years

 

ending with the date when the appointment takes effect.

 

(1ZC)    

Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of

 

certain office holders) does not apply to an appointment to which

 

subsection (1ZB) applies.”

 

      ( )  

In subsection (1A)(a) (duration of appointment as deputy district judge of

 

person who previously held office as district judge), for “if he has previously

 

held office as a district judge,” substitute “if subsection (1ZB) applies to the

 

appointment,”.’.

 

Vera Baird

 

60

 

Page  204,  line  4  [Schedule  11],  leave out from ‘date’ to end of line 5 and insert ‘as

 

if section 8(1ZB) of that Act had applied to his appointment (and had been complied

 

with).’.

 

Vera Baird

 

61

 

Page  204  [Schedule  11],  leave out lines 15 to 19 and insert—

 

‘“(g)    

hold office as a deputy district judge if either section 102(1B) of that Act

 

(former district judge appointed as deputy in the High Court) or section

 

8(1ZB) of the County Courts Act 1984 (former district judge appointed

 

as deputy in the county courts) applied to the appointment;”.’.


 
 

Notices of Amendments: 21st June 2007                  

1409

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

Vera Baird

 

62

 

Page  204  [Schedule  11],  leave out lines 24 and 25 and insert ‘, for the words after

 

“except in a case where” substitute “subsection (1B) of that section applied to the

 

appointment of the person in question.”’.

 

Vera Baird

 

63

 

Page  204  [Schedule  11],  leave out lines 28 and 29 and insert ‘, for the words after

 

“except in a case where” substitute “subsection (1ZB) of that section applied to the

 

appointment of the person in question.”’.

 

Vera Baird

 

64

 

Page  233  [Schedule  13],  leave out lines 11 to 15.

 

Vera Baird

 

65

 

Page  245,  line  11  [Schedule  13],  at end insert—

 

‘Income Tax Act 2007 (c.3)

 

158      

In section 955(4) of the Income Tax Act 2007 (proceedings before set-off

 

claim is made) after “attachment” insert “or under Schedule 12 to the

 

Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”.’.

 

Appointment as Chairman of Law Commission

 

Vera Baird

 

NC10

 

To move the following Clause:—

 

‘(1)    

Section 1 of the Law Commissions Act 1965 (c. 22) is amended as follows.

 

(2)    

After subsection (1) insert—

 

“(1A)    

The person appointed to be the Chairman shall be a person who holds

 

office as a judge of the High Court or Court of Appeal in England and

 

Wales.”

 

(3)    

In subsection (2) before “Commissioners” insert “the other”.

 

Vera Baird

 

66

 

Page  109,  line  32  [Clause  143],  at end insert—

 

‘( )    

Section [Appointment as Chairman of Law Commission] comes into force at the

 

end of the period of two months beginning with the day on which this Act is

 

passed.’.

 

Vera Baird

 

67

 

Title,  line  3,  after ‘appointments’, insert ‘and appointments to the Law Commission’.

 


 
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