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1499

 

House of Commons

 
 

Wednesday 27th June 2007

 

Consideration of Bill

 

New Amendments handed in are marked thus Parliamentary Star

 

Tribunals, Courts and Enforcement Bill [Lords]


 

New Clauses

 

Transfer from salaried to fee-paid judicial office

 

Vera Baird

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Constitutional Reform Act 2005 (c. 4) is amended as follows.

 

(2)    

After section 94 insert—

 

“94A  

Appointments not subject to section 85: courts

 

(1)    

Where this section applies to an appointment—

 

(a)    

section 85 does not apply, but

 

(b)    

the Lord Chancellor may not make the appointment without the

 

concurrence of the Lord Chief Justice.

 

(2)    

This section applies to the appointment of a person, on a fee-paid basis,

 

to an office in the table below (the “proposed appointment”) if the

 

person—

 

(a)    

holds the corresponding qualifying office (or one of them) on a

 

salaried basis, or

 

(b)    

ceased to hold the corresponding qualifying office (or one of

 

them) within two years ending with the date when the proposed

 

appointment takes effect and, immediately before ceasing to

 

hold that office, held it on a salaried basis.

 

Proposed appointment (fee-paid)

Qualifying office (salaried)

 
 

An office listed in Part 2 of Schedule

The same office.

 
 

14.

  
 

Deputy District Judge (Magistrates’

District Judge (Magistrates’ Courts),

 
 

Courts).

Senior District Judge (Chief

 
  

Magistrate), or

 
  

Deputy Senior District Judge (Chief

 
  

Magistrate).

 
 

Assistant Judge Advocate General, or

Judge Advocate of Her Majesty’s Fleet,

 
 

the Judge Advocate General.

Judge Advocate General,

 
  

Vice Judge Advocate General, or

 
  

Assistant Judge Advocate General

 

 
 

Consideration of Bill: 27th June 2007                  

1500

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

(3)    

The Lord Chief Justice may nominate a judicial office holder (as defined

 

in section 109(4)) to exercise his function under subsection (1)(b).

 

(4)    

In this section “salaried” and “fee-paid” have the meaning given by

 

paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act

 

1993 (c. 8).

 

94B    

Appointments not subject to section 85: tribunals

 

(1)    

Where this section applies to a recommendation or appointment—

 

(a)    

section 85 does not apply, but

 

(b)    

the Lord Chancellor may not make the recommendation or

 

appointment without the concurrence of the Senior President of

 

Tribunals.

 

(2)    

In the case of the appointment of a person as a deputy judge of the Upper

 

Tribunal, if the person holds or has held an office listed in section 6(1) of

 

the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor

 

must also consult the Lord Chief Justice before making the appointment.

 

(3)    

This section applies to, or to a recommendation to Her Majesty for, the

 

appointment of a person, on a fee-paid basis, to an office in the table

 

below (the “proposed appointment”) if the person—

 

(a)    

holds the corresponding qualifying office (or one of them) on a

 

salaried basis, or

 

(b)    

subject to subsection (4), ceased to hold the corresponding

 

qualifying office (or one of them) within two years ending with

 

the date when the proposed appointment takes effect and,

 

immediately before ceasing to hold that office, held it on a

 

salaried basis.


 
 

Consideration of Bill: 27th June 2007                  

1501

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

Proposed appointment (fee-paid)

Qualifying office (salaried)

 
 

An office listed in Part 3 of Schedule 14

The same office, or

 
 

(other than the office of Chamber

a more senior office, listed in Part 3 of

 
 

President or Deputy Chamber President

Schedule 14, in the same tribunal or

 
 

of a chamber of the Upper Tribunal or

body (but excluding the Upper Tribunal

 
 

the First-tier Tribunal).

and the First-tier Tribunal).

 
 

Deputy Child Support Commissioner.

Chief Child Support Commissioner, or

 
  

Child Support Commissioner.

 
 

Deputy Social Security Commissioner.

Chief Social Security Commissioner, or

 
  

Social Security Commissioner.

 
 

Deputy judge of the Upper Tribunal.

Ordinary judge of the Court of Appeal

 
  

in England and Wales,

 
  

Lord Justice of Appeal in Northern

 
  

Ireland,

 
  

Judge of the Court of Session,

 
  

Puisne judge of the High Court in

 
  

England and Wales or Northern Ireland,

 
  

Circuit judge,

 
  

Sheriff in Scotland,

 
  

County court judge in Northern Ireland,

 
  

District judge in England and Wales or

 
  

Northern Ireland,

 
  

District Judge (Magistrates’ Courts), or

 
  

Judge of the Upper Tribunal by virtue

 
  

of any of paragraphs (a) to (f) or (i) of

 
  

section 5(1) of the Tribunals, Courts

 
  

and Enforcement Act 2007.

 
 

Judge of the First-tier Tribunal by

Transferred-in judge of the First-tier

 
 

appointment under paragraph 1(1) of

Tribunal (see section 31(2) of that Act).

 
 

Schedule 2 to the Tribunals, Courts and

  
 

Enforcement Act 2007.

  
 

Other member of the First-tier Tribunal

Transferred-in other member of the

 
 

by appointment under paragraph 2(1) of

First-tier Tribunal (see section 31(2) of

 
 

Schedule 2 to the Tribunals, Courts and

that Act).

 
 

Enforcement Act 2007.

  
 

Judge of the Upper Tribunal by

Transferred-in judge of the Upper

 
 

appointment under paragraph 1(1) of

Tribunal (see section 31(2) of that Act).

 
 

Schedule 3 to the Tribunals, Courts and

  
 

Enforcement Act 2007.

  
 

Other member of the Upper Tribunal by

Transferred-in other member of the

 
 

appointment under paragraph 2(1) of

Upper Tribunal (see section 31(2) of

 
 

Schedule 3 to the Tribunals, Courts and

that Act).

 
 

Enforcement Act 2007.

  
 

Deputy judge of the Upper Tribunal by

Deputy judge of the Upper Tribunal

 
 

appointment under paragraph 7(1) of

under section 31(2) of that Act.

 
 

Schedule 3 to the Tribunals, Courts and

  
 

Enforcement Act 2007.

  

 
 

Consideration of Bill: 27th June 2007                  

1502

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

(4)    

In subsection (3)(b) the words “within two years ending with the date

 

when the proposed appointment takes effect” do not apply if—

 

(a)    

the proposed appointment is to the office of deputy judge of the

 

Upper Tribunal, and

 

(b)    

the corresponding qualifying office is—

 

(i)    

ordinary judge of the Court of Appeal in England and

 

Wales,

 

(ii)    

Lord Justice of Appeal in Northern Ireland,

 

(iii)    

judge of the Court of Session, or

 

(iv)    

puisne judge of the High Court in England and Wales or

 

Northern Ireland.

 

(5)    

In this section “salaried” and “fee-paid” have the meaning given by

 

paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act

 

1993.”

 

(3)    

After section 85(2) (restriction on recommendations and appointments) insert—

 

“(2A)    

This section is subject to—

 

(a)    

section 30(4) of the Courts-Martial (Appeals) Act 1951,

 

(b)    

sections 91(1ZB) and 102(1C) of the Supreme Court Act 1981,

 

(c)    

section 8(1ZC) of the County Courts Act 1984, and

 

(d)    

sections 94A and 94B below.”

 

(4)    

After section 85(3) (power to amend Schedule 14) add—

 

“(4)    

The Lord Chancellor may by order amend section 94A or 94B if he thinks

 

that the amendment is consequential on an amendment made to Schedule

 

14 by an order under subsection (3).”

 

(5)    

Section 97 (Scotland and Northern Ireland) is amended as follows.

 

(6)    

In subsection (1)—

 

(a)    

for “This section applies” substitute “Subsections (2) and (3) apply”, and

 

(b)    

after paragraph (c) insert—

 

“(ca)    

section 94B(2);”.

 

(7)    

After subsection (3) add—

 

“(4)    

Subsections (2) and (3) apply to the reference in section 94A(1) to the

 

Lord Chancellor obtaining the concurrence of the Lord Chief Justice as

 

they apply to a reference in a provision specified in subsection (1) to the

 

Lord Chancellor consulting the Lord Chief Justice.

 

(5)    

The Lord President of the Court of Session may nominate any of the

 

following to exercise his function under section 94A(1)(b)—


 
 

Consideration of Bill: 27th June 2007                  

1503

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

(a)    

a judge who is a member of the First or Second Division of the

 

Inner House of the Court of Session;

 

(b)    

the Senior President of Tribunals.

 

(6)    

The Lord Chief Justice of Northern Ireland may nominate any of the

 

following to exercise his function under section 94A(1)(b)—

 

(a)    

the holder of one of the offices listed in Schedule 1 to the Justice

 

(Northern Ireland) Act 2002;

 

(b)    

a Lord Justice of Appeal (as defined in section 88 of that Act);

 

(c)    

the Senior President of Tribunals.”’.

 


 

Appointment of temporary assistant to Judge Advocate General

 

Vera Baird

 

NC8

 

To move the following Clause:—

 

‘After section 30(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (temporary

 

assistants to Judge Advocate General) insert—

 

“(3)    

The Lord Chancellor may not appoint a holder of relevant office under

 

subsection (2) without the concurrence of the Lord Chief Justice of

 

England and Wales.

 

(4)    

Section 85 of the Constitutional Reform Act 2005 (selection of certain

 

office holders) does not apply to an appointment to which subsection (3)

 

applies.

 

(5)    

In subsection (3) “holder of relevant office” means a person who has,

 

within the two years ending with the day on which this subsection comes

 

into force, been appointed as judge advocate to a court-martial under—

 

(a)    

section 84B of the Army Act 1955,

 

(b)    

section 84B of the Air Force Act 1955, or

 

(c)    

section 53B of the Naval Discipline Act 1957.”’.

 


 

Appointment of deputy Circuit judge

 

Vera Baird

 

NC9

 

To move the following Clause:—

 

‘In section 24(1) of the Courts Act 1971 (c. 23) (appointment of deputy Circuit

 

judges and assistant recorders) for paragraph (a) substitute—

 

“(a)    

the Lord Chancellor may, with the concurrence of the Lord Chief

 

Justice, appoint to be a deputy Circuit judge, during such period

 

or on such occasions as the Lord Chancellor thinks fit, any


 
 

Consideration of Bill: 27th June 2007                  

1504

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

person who has held office as a judge of the Court of Appeal or

 

of the High Court or as a Circuit judge;”.’.

 


 

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”.

 


 

Continuation of judicial office after normal retirement date

 

Vera Baird

 

NC13

 

To move the following Clause:—

 

‘(1)    

Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement

 

date for holders of certain judicial offices etc.) is amended as follows.

 

(2)    

In subsection (12), in the definition of “the appropriate person”, after paragraph

 

(c) insert “;

 

(d)    

the Senior President of Tribunals in the case of a person who

 

holds a judicial office that—

 

(i)    

is specified in subsection (12A) below, and

 

(ii)    

is not in the person’s case an office to which any of

 

paragraphs (a) to (c) above applies;

 

(e)    

the Lord Chief Justice of England and Wales in the case of a

 

person who holds a judicial office that is not in the person’s case

 

an office to which any of paragraphs (a) to (d) applies;”.

 

(3)    

After subsection (12) insert—

 

“(12A)    

The judicial offices mentioned in paragraph (d) of the definition of

 

“appropriate person” in subsection (12) above are—

 

(a)    

Chamber President, or Deputy Chamber President, of a chamber

 

of the First-tier Tribunal or of a chamber of the Upper Tribunal;

 

(b)    

judge, or other member, of the First-tier Tribunal or of the Upper

 

Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or

 

3 to the Tribunals, Courts and Enforcement Act 2007 (“the 2007

 

Act”);


 
 

Consideration of Bill: 27th June 2007                  

1505

 

Tribunals, Courts and Enforcement Bill [Lords], continued

 
 

(c)    

deputy judge of the Upper Tribunal appointed under paragraph

 

7(1) of Schedule 3 to the 2007 Act, except in a case where the

 

holding of the office by the person in question falls within

 

subsection (7)(ga) above;

 

(d)    

transferred-in judge, or transferred-in other member, of the First-

 

tier Tribunal or of the Upper Tribunal (see section 31(2) of the

 

2007 Act);

 

(e)    

deputy judge of the Upper Tribunal by virtue of an order under

 

section 31(2) of the 2007 Act;

 

(f)    

an office held by a person if the person’s holding of the office

 

results in the person being a member of, or person who is, a

 

tribunal in a list in Schedule 6 to the 2007 Act that has effect for

 

the purposes of section 30 of that Act (but only if the office is

 

specified in Schedule 5 to this Act);

 

(g)    

President or other member of the Asylum and Immigration

 

Tribunal;

 

(h)    

member of the Employment Appeal Tribunal appointed under

 

section 22(1)(c) of the Employment Tribunals Act 1996;

 

(i)    

member of a panel of chairmen of employment tribunals.

 

(12B)    

Neither paragraph (d) nor paragraph (e) of the definition of “appropriate

 

person” in subsection (12) above applies to an office held by a person if

 

provision about that person’s continuation in the office after the

 

compulsory retirement date for the office—

 

(a)    

would be within the legislative competence of the Scottish

 

Parliament if it were included in an Act of that Parliament, or

 

(b)    

would be within the legislative competence of the Northern

 

Ireland Assembly if it were included in an Act of that

 

Assembly.”

 

(4)    

In subsection (13) (Lord Chief Justices to exercise functions under section with

 

concurrence of Lord Chancellor), after “Northern Ireland” insert “or the Senior

 

President of Tribunals”.’.

 


 

Requirement for permission of court before enforcement

 

Simon Hughes

 

Jenny Willott

 

NC1

 

To move the following Clause:—

 

‘The Civil Procedure Rules must provide that no order for possession, whether

 

made in the County Court or the High Court or in any other court of civil

 

jurisdiction, shall be capable of being enforced without the appropriate court first

 

granting permission to issue a warrant of possession to a party who has applied,

 

on notice to the occupying party, for such permission.’.

 



 
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