Courts Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 99



Page 53, line 11, leave out paragraph (b) and insert—
"(b)  amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed."
Page 53, line 16, leave out subsection (6)

Clause 100



Page 53, line 21, after "37" insert "(Award of costs in appeals under Proceeds of Crime Act 2002)"

Clause 101



Page 53, line 27, leave out "or 96" and insert "96, (Extension of time for criminal appeals to House of Lords: Northern Ireland), (Fees: Northern Ireland) or 99"

Before Schedule 1



Insert the following new Schedule—




 1      The members of each courts board are to be appointed by the Lord Chancellor.
 2      Each board must have—
(a)  at least one member who is a judge,
(b)  at least one member who is a lay justice who is assigned to a local justice area the whole or a part of which is included in the board's area,
(c)  at least two other members who are persons appearing to the Lord Chancellor to have appropriate knowledge or experience of the work of the courts in the area for which the board acts, and
(d)  at least two more members who are persons appearing to the Lord Chancellor to be representative of people living in that area,
  and may have such other members of a description mentioned in sub-paragraphs (a) to (d) as the Lord Chancellor considers appropriate.
 3      Regulations may make provision in relation to the appointment of members of courts boards, including in particular provision about the procedures to be followed in connection with appointments.


 4      Regulations may make provision as to the selection of one of the members of each courts board to be its chairman.

Tenure of office

 5   (1)   Regulations may make provision as to—
(a)  the term of office of chairmen and members of courts boards;
(b)  their resignation, suspension or removal.
(2)      Subject to the regulations, a person is to hold and vacate office as a member of a courts board in accordance with the terms of the instrument appointing him.

Payments in respect of expenses, etc.

 6      The Lord Chancellor may make such payments to or in respect of members of courts boards by way of reimbursement of expenses, allowances and remuneration as he may determine.


 7      Regulations may make provision about—
(a)  the procedure of courts boards (including quorum);
(b)  the validation of proceedings in the event of a vacancy among the members of a courts board or a defect in the appointment of a member.


 8      In this Schedule "regulations" means regulations made by the Lord Chancellor."

Schedule 1



Page 54, line 11, after "with," insert "or are otherwise attributable to"
Page 58, line 19, leave out "person falling within paragraph 1(1)(a) or (2)" and insert "magistrates' courts committee, and each person falling within paragraph 1(2)"

Schedule 3



Page 68, leave out lines 30 to 32 and insert "—
    (a)  the magistrates' court commits or sends him to the Crown Court for trial for the offence charged in the information, or
    (b)  a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988."
Page 68, line 34, leave out from "section" to the end of line 39 and insert "no report of matters falling within subsection (2) may be published in England and Wales."
Page 69, line 21, leave out from "matters" to the end of line 22
Page 69, line 24, at end insert—
    "(6A)  Subsection (1) does not apply to a report which contains only one or more of the following matters—
    (a)  the identity of the court and the names of the justices;
    (b)  the names, ages, home addresses and occupations of the accused and witnesses;
    (c)  the offence or offences, or a summary of them, with which the accused or any of the accused are charged;
    (d)  the names of counsel and solicitors in the proceedings;
    (e)  where the proceedings are adjourned, the date and place to which they are adjourned;
    (f)  any arrangements as to bail;
    (g)  whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.
    (6B)  The addresses that may be included in a report by virtue of subsection (6A) are addresses—
    (a)  at any relevant time, and
    (b)  at the time of their inclusion in the publication.
    (6C)  In subsection (6B), "relevant time" means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred."
Page 69, line 26, leave out "a publication or on matter included in a programme" and insert "the publication of a report of any matter"
Page 69, line 29, leave out paragraph (a) and insert—
    "(a)  references to publication of a report of matters falling within subsection (2)—
    (i)  include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but
    (ii)  do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;"
Page 69, line 37, leave out "or included in a relevant programme"
Page 69, line 40, leave out "written"
Page 69, line 43, leave out paragraph (b)
Page 70, line 4, at end insert—
    "(   )  in the case of any other publication, any person publishing it.
    (1A)  If an offence under this section committed by a body corporate is proved—
    (a)  to have been committed with the consent or connivance of, or
    (b)  to be attributable to any neglect on the part of,
      an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
    (1B)  In subsection (1A), "officer" means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
    (1C)  If the affairs of a body corporate are managed by its members, "director" in subsection (1B) means a member of that body."

Schedule 4



Page 70, line 33, leave out "sitting as a judge of the Crown Court"
Page 71, line 7, at end insert—" insert—


Page 71, line 17, leave out paragraph 9 and insert—
 "9      In Schedule 5 (terrorist investigations: information)—
(a)  in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after "Circuit judge" insert "or a District Judge (Magistrates' Courts)", and
(b)  in paragraphs 5(4)(a) and 7(1)(b), after "Circuit judge" insert "or the District Judge (Magistrates' Courts)"."

Schedule 6



Page 77, line 27, at end insert—

"Promissory Oaths Act 1871 (c. 48)

      In section 2 (persons before whom oaths to be taken), for the paragraph beginning "In England" substitute—
      "In England and Wales—
    (a)  before the Lord Chancellor, or
    (b)  in open court before one or more judges of the High Court or before one or more Circuit judges.""
Page 83, line 20, leave out "31A" and insert "31C"
Page 94, line 11, leave out "", 31ZA"" and insert "", 31B, 31C""

Schedule 7



Page 108, line 18, column 2, at beginning insert—
  "In section 31A(2), at the end of paragraph (b) "and"."
Page 109, line 50, at end insert—
  "Section 76(4)."

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16 April 2003