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House of Lords
Session 1998-99
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Amendments to the Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Supplement (a) to the Third Marshalled List of Amendments to the Access to Justice Bill [H.L.] to be moved in Committee in the House of Lords.

  
Schedule 10
 
  
BY THE LORD CHANCELLOR
 
     Page 100, line 14, at end insert-- 
 ("Lord Mayor and aldermen of City of London 
     . The person who is the Lord Mayor of London, and the persons who are aldermen of the City of London, at the end of the period of two months beginning with the day on which this Act is passed shall be treated as having at that time been appointed in accordance with section 5 of the Justices of the Peace Act 1997 as justices of the peace for the commission area which includes the City of London; and, accordingly, subsection (1A) of section 6 of that Act (inserted by paragraph 23A of Schedule 7 to this Act) has effect in relation to them.")1997 c. 25.
     Page 100, line 20, at end insert-- 
     (" . Any person who, immediately before the time when section 52 of this Act comes into force, is authorised under section 13(1)(a) or 19 of the Justices of the Peace Act 1997 to act as a stipendiary magistrate or metropolitan stipendiary magistrate shall be treated as having been appointed to be a Deputy District Judge (Magistrates' Courts) at that time for the remainder of the period for which he is so authorised.")1997 c. 25.
     Page 101, line 2, leave out from beginning to (""District") in line 6 and insert ("If paragraph 38 of Schedule 8 to this Act comes into force before the repeal by this Act of section 19(5) of the Legal Aid Act 1988, that provision shall have effect as if, in the definition of "proceedings for dealing with an offender as a fugitive offender" the reference to a metropolitan stipendiary magistrate were to a")1988 c. 34.
     Page 101, line 20, leave out from beginning to ("section") in line 21 and insert ("If section 52 of this Act comes into force before") 
     Page 101, line 23, after ("London") insert ("until that section comes into force") 
  
Schedule 11
 
  
BY THE LORD CHANCELLOR
 
     Page 106, line 14, at end insert-- 
 
("6 & 7 Vict. c. 86. The London Hackney Carriages Act 1843. In section 24, the words from ", or, if he shall dwell" to "the said city,", the words "or justice" and the words ", or to some justice as aforesaid,".
16 & 17 Vict. c. 33. The London Hackney Carriage Act 1853. In section 18, the words from "or if the offence,", in the second place, to the end.")
 
     Page 106, line 28, column 3, at beginning insert-- 
 
          ("In section 38(1), the definition beginning London commission areas".")
 
     Page 106, line 31, at end insert-- 
 
("1974 c. 47. The Solicitors Act 1974. Section 38(4).")
 
     Page 106, line 38, column 3, leave out ("67(4), the second sentence") and insert ("67, in subsection (4), the second sentence and subsection (8)") 
     Page 107, line 10, column 3, at end insert-- 
 
          ("In Schedule 11, in paragraph 8(d), the words and (8)".")
 
     Page 107, line 28, column 3, at beginning insert-- 
 
          ("Section 5(2)(b) and the preceding "and".

In section 7(3), the words from "(whether" to acting Chief Magistrate)".

Section 21 (and the preceding heading).

Section 23.

In section 25, in subsection (1), the words ", other than the City of London," and subsection (3).")
 
     Page 107, line 34, column 3, leave out from ("section") to end of line 35 and insert ("70, in subsection (1), the words from the beginning to above," and, in subsection (2), the words "or to justices or magistrates for a county or non-metropolitan county" and the words "or to justices or magistrates for the City".") 
     Page 107, line 50, column 3, after ("14,") insert ("paragraph 16(b) and the preceding "and",") 
     Page 108, line 4, at end insert-- 
 
("16 & 17 Vict. c. 33. The London Hackney Carriage Act 1853. In section 18, the words from "or if the offence,", in the second place, to for the county;".")
 
     Page 108, line 33, column 3, at end insert-- 
 
          ("In section 9(1), the words from "consisting" to the end.")
 
     Page 108, column 3, leave out lines 40 and 41 and insert ("5(1)(b), the words "a metropolitan magistrate or" and paragraph 13(2).") 
  
Clause 51
 
  
BY THE LORD CHANCELLOR
 
     Page 27, line 44, leave out ("Schedule 7 (which makes amendments") and insert-- 
     ("(1)  The Lord Mayor and aldermen of the City of London shall not be justices of the peace unless appointed by the Lord Chancellor in accordance with the Justices of the Peace Act 1997.
 
    (2)  Schedule 7 (which contains other provisions")
1997 c. 25.
  
Clause 68
 
  
BY THE LORD CHANCELLOR
 
     Page 43, line 3, leave out from beginning to ("House") in line 6 and insert ("No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each") 
  
Schedule 7
 
  
BY THE LORD CHANCELLOR
 
     Page 75, leave out lines 19 to 23 and insert--
 
    (".--(1) Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows.
 
    (2)  In subsection (1) (appointment of sheriff of Greater London and under-sheriff for each London commission area), for "and for each London commission area an under-sheriff shall be so appointed" substitute "and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament".
 
    (3)  In subsection (2) (application of enactments to under-sheriffs as if London commission areas were counties), for "London commission area" substitute "area specified by virtue of subsection (1) of this section".
 
     (4)  In subsection (4) (modification of Sheriffs Act 1887 in its application to Greater London)--
    (a)  for "London commission area" substitute "area specified by virtue of subsection (1) of this section",
    (b)  for "a justice of the peace for any of the London commission areas" substitute "any justice of the peace for a commission area consisting of or including the whole or part of Greater London", and
    (c)  for the words from "shall be sent" to the end substitute "shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument".")
1887 c. 55.
     Page 76, line 26, at end insert--
 
    ("23A. In section 6 (residence qualification for justices), after subsection (1) insert--
        (1A)  If a person who is the Lord Mayor or an alderman of the City of London is appointed in accordance with section 5 above as a justice of the peace for a commission area including the City of London, subsection (1) above shall not apply in relation to his appointment as a justice of the peace for that area so long as he holds either of those offices."")
 
     Page 77, line 32, at end insert--
 
    (". In section 70(1) (application of enactments to City of London), for justices for the City" substitute "justices for a commission area consisting of or including the whole or part of the City".")
 
  
Clause 72
 
  
BY THE LORD CHANCELLOR
 
     Page 45, line 10, leave out from beginning to ("House") in line 12 and insert ("No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each") 
  
Clause 74
 
  
BY THE LORD CHANCELLOR
 
     Page 46, line 22, leave out ("against him") 
     Page 46, line 32, at end insert--
 
    ("(1A)  Subsection (1) above applies in relation to proceedings by a coroner only if and to the extent that the relevant council agrees in advance to indemnify him.
 
    (1B)  A coroner may appeal to the Secretary of State, or to any person appointed by the Secretary of State for the purpose, from any decision of the relevant council under subsection (1A) above.")
 
     Page 47, line 17, leave out ("against him") 
     Page 47, line 27, at end insert--
 
    ("(2)  Subsection (1) applies in relation to proceedings by a coroner only if and to the extent that the Lord Chancellor agrees in advance to indemnify him.")
 
  
Clause 78
 
  
BY THE LORD CHANCELLOR
 
     Page 48, line 2, leave out (" 52") and insert (" 51") 
     Page 48, line 2, leave out ("Schedules 7 and 8") and insert ("Schedule 7") 
     Page 48, line 4, leave out (", (2)") 
     Page 48, line 4, at end insert (", apart from the provisions specified in subsection (3). 
     (3)  The provisions excepted from subsection (2)(e) are the repeal of section 67(8) of the Magistrates' Courts Act 1980 (and that in Schedule 11 to the Children Act 1989) contained in Part IV(1) of Schedule 11.")1980 c. 43.
1989 c. 41.
  
Schedule 8
 
  
BY THE LORD CHANCELLOR
 
     Page 78, line 22, leave out from ("for") to end of line 28 and insert (""any one of the police magistrates at any of the Metropolitan Police Courts" substitute "two justices of the peace", and
    (b)  omit the words from "or if the offence,", in the first place, to "the county;".")
 
     Page 82, line 38, leave out from ("for") to end of line 40 and insert (""chief metropolitan stipendiary magistrate or a designated metropolitan magistrate" substitute "Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him".") 
     Page 82, leave out lines 41 to 43 and insert--
 
    ("35.--(1) Section 9 (proceedings for committal) is amended as follows.
 
    (2)  In subsection (1) (person arrested in pursuance of a warrant under section 8 to be brought before a court consisting of a metropolitan magistrate or a sheriff), omit the words from "consisting" to the end.
 
    (3)  In subsection (2) (court of committal in England and Wales), after Wales" insert "shall consist of the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him and".
 
    (4)  In subsection (3) (court of committal in Scotland), after "Scotland" insert "shall consist of the sheriff of Lothian and Borders and".")
 
     Page 83, leave out line 3 and insert ("(  ) In paragraphs 1(2)(b), 6(2), 7(1) and (2), 8(1) and 11, for "metropolitan magistrate"") 
     Page 83, line 4, at end insert--
 
    ("(  )  In paragraph 4(2) (order of Secretary of State for issue of warrant), for "a metropolitan magistrate" substitute "the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him".
 
    (  )  In paragraph 5 (issue of warrant for apprehension on receipt of order by metropolitan magistrate)--
    (a)  in sub-paragraphs (1)(a) and (3), for "a metropolitan magistrate" substitute "the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates' Courts) designated by him,", and
    (b)  in sub-paragraph (4), for "metropolitan magistrate, unless the metropolitan magistrate" substitute "District Judge (Magistrates' Courts) unless he".
    (  )  In paragraph 6(1) (hearing of case), for "metropolitan magistrate, the metropolitan magistrate" substitute "District Judge (Magistrates' Courts) he".")
 
     Page 83, line 6, at end insert ("references to the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him were to any District Judge (Magistrates' Courts) and those references and the") 
     Page 83, line 9, leave out from ("Ireland;",") to end of line 11 and insert--
    ("(  )  in sub-paragraph (1)(c), for "the stipendiary magistrate," substitute "any District Judge (Magistrates' Courts), or the", and
    (  )  omit sub-paragraph (2).")
 
 
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© Parliamentary copyright 1999
Prepared 27 January 1999