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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Revised 22 June 2007