Courts Bill [HL]
AMENDMENTS
TO BE MOVED
ON REPORT
| Page 2, line 14, leave out subsections (4) and (5) and insert— |
| "(4) | Subject to subsections (5) and (6), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the courts. |
| (5) | The Lord Chancellor may not enter into contracts for the provision of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion. |
| (6) | The Lord Chancellor may not enter into contracts for the provision of officers and staff to carry out the administrative work of the courts unless an order made by the Lord Chancellor authorises him to do so. |
| (7) | Before making an order under subsection (6) the Lord Chancellor must consult— |
| (a) | the Lord Chief Justice, |
| (b) | the Master of the Rolls, |
| (c) | the President of the Family Division, and |
| | as to what effect (if any) the order might have on the proper and efficient administration of justice. |
| (8) | An order under subsection (6) may authorise the Lord Chancellor to enter into contracts for the provision of officers or staff to discharge functions— |
| (a) | wholly or to the extent specified in the order, |
| (b) | generally or in cases or areas specified in the order, and |
| (c) | unconditionally or subject to the fulfilment of conditions specified in the order." |
| | THE LORD PHILLIPS OF SUDBURY
[As an amendment to the amendment to insert a new Schedule (Constitution and procedure of courts boards) before Schedule 1] |
| Line 8, leave out "one member who is a lay justice who is" and insert "two members who are lay justices who are" |
| Insert the following new Clause— |
| "Duty to consult lay justices on matters affecting them etc. |
| The Lord Chancellor must take all reasonable and practicable steps— |
| (d) | for ensuring that lay justices acting in a local justice area are kept informed of matters affecting them in the performance of their duties, and |
| (e) | for ascertaining their views on such matters." |
| Page 10, line 22, at end insert— |
| "(2A) | The Lord Chancellor— |
| (a) | must assign each justices' clerk to one or more local justice areas, and |
| (b) | subject to subsection (2B), may change an assignment so as to assign the justices' clerk to a different local justice area or to different local justice areas. |
| (2B) | Before changing an assignment of a justices' clerk so that he is no longer assigned to a local justice area, the Lord Chancellor must consult— |
| (a) | the chairman of the lay justices assigned to that area, or |
| (b) | if it is not possible or not practicable to consult the chairman, the deputy chairman or such of the lay justices assigned to or acting in the area as appear to the Lord Chancellor appropriate." |
| Page 10, line 25, leave out "arrangements made by him under" and insert "a contract made by virtue of" |
| Page 15, line 27, leave out "arrangements made by him under" and insert "a contract made by virtue of" |
| Page 22, line 18, leave out "arrangements made by him under" and insert "a contract made by virtue of" |
| Page 26, line 15, leave out "arrangements made by the Lord Chancellor under" and insert "a contract made by the Lord Chancellor by virtue of" |
| Page 26, line 20, leave out "arrangements made by the Lord Chancellor under" and insert "a contract made by the Lord Chancellor by virtue of" |
| | THE BARONESS FINLAY OF LLANDAFF |
| Page 49, line 19, at end insert— |
| "( ) | An order under subsection (1) may not apply to injuries that occurred prior to the date on which sections 2, 2A and 2B came into force." |
| Page 76, line 29, after "omit" insert "— |
| (a) | "under the hand and seal", and |
| Page 77, line 13, at end insert— |
| | "Ordnance Survey Act 1841 (c. 30) |
| | In section 2 (dispute as to damage caused during survey)— |
| (a) | for "by any two or more justices in petty sessions assembled of the place in which the lands, grounds, heritages, or trees may be situate" substitute "by a magistrates' court", and |
| (b) | for "the justices, may appeal" substitute "the magistrates' court, may appeal". |
| | Railway Regulation Act 1842 (c. 55) |
| (1) | In section 17 (punishment of persons employed on railways guilty of misconduct)— |
| (a) | for "before some justice of the peace for the place within which such offence shall be committed" substitute "before a magistrates' court", |
| (b) | for "such justice as aforesaid (who is hereby authorised and required, upon complaint to him made, without information in writing, to take cognizance thereof, and to act summarily in the premises), in the discretion of such justice," substitute "a magistrates' court," |
| (c) | omit ", in the like discretion of such justice, shall", |
| (d) | for "as such justice shall appoint" substitute "as a magistrates' court shall appoint", and |
| (e) | omit the words from "and every such penalty" to the end. |
| (2) | This paragraph extends only to England and Wales. |
| (1) | In section 24 (compensation for damage caused by temporary buildings), omit "of the county, riding, city, or place". |
| (2) | This paragraph extends only to England and Wales." |
| Page 77, line 15, leave out paragraph 11 and insert— |
| "(1) | Amend section 24 (proceedings with respect to licences on quitting service) as follows. |
| (2) | Re-number the existing provision subsection (1). |
| (a) | for "any time not exceeding" substitute "a time which, excluding any day mentioned in subsection (2), does not exceed", |
| (b) | for "the magistrates' court for the petty sessions area in which the said proprietor shall dwell" substitute "a magistrates' court", |
| (c) | for "at the time of applying" substitute "when applying", |
| (d) | for "justices' chief executive for such" substitute "designated officer for the", |
| (e) | for "twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit," substitute "that time", and |
| (f) | for "at the same magistrates' court" substitute "to a magistrates' court". |
| (4) | After that subsection insert— |
| (b) | Christmas Day or Good Friday; |
| (c) | a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80)."" |
| Page 77, line 21, at end insert— |
| | "Companies Clauses Consolidation Act 1845 (c. 16) |
| | 11A In section 3 (interpretation), omit the words from "The word "justice"" to "acting together in petty sessions". |
| | 11B In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from "before a justice" to "and such declaration" substitute "before a justice or a person authorised to administer oaths; and such declaration". |
| | 11C In section 33 (evidence as to forfeiture of shares), for the words from "before any justice" to "that the call" substitute "before any justice or a person authorised to administer oaths, that the call". |
| | 11D Paragraphs 11A to 11C extend only to England and Wales. |
| | Lands Clauses Consolidation Act 1845 (c. 18) |
| | 11E (1) In section 3 (interpretation), omit the words from "The word "justices"" to "acting together". |
| (2) | This paragraph extends only to England and Wales. |
| | Railway Clauses Consolidation Act 1845 (c. 20) |
| | 11F In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:". |
| | 11G In section 11 (limiting deviation from datum line described on sections, etc.)— |
| (a) | for "in petty sessions assembled for that purpose, and acting for the district" substitute "acting in the local justice area", and |
| (b) | for the words from "every petty sessions" to "holding of such petty sessions" substitute "every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing". |
| | 11H In section 46 (crossings of roads—level crossings), omit "in petty sessions". |
| | 11I In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)— |
| (a) | for "fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made" substitute "at least 14 days before the application is intended to be made", |
| (b) | for "acting for the district" substitute "acting in the local justice area", and |
| (c) | omit ", and assembled in petty sessions,". |
| | 11J Paragraphs 11F to 11I extend only to England and Wales. |
| | Geological Survey Act 1845 (c. 63) |
| | 11K In section 1 (dispute as to damage caused during survey), for "by any two or more justices of the peace, in petty sessions assembled, of the place where the lands or trees may be situate" substitute "by a magistrates' court". |
| | 11L In section 6 (interpretation), for "the word "justices" shall include all persons acting in the commission of the peace and" substitute "the words "magistrates' court" shall include". |
| | Markets and Fairs Clauses Act 1847 (c. 14) |
| | 11M (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:". |
| (2) | This paragraph does not extend to Northern Ireland. |
| | Harbours, Docks and Piers Clauses Act 1847 (c. 27) |
| | 11N (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:". |
| (2) | This paragraph does not extend to Northern Ireland. |
| | Towns Improvement Clauses Act 1847 (c. 34) |
| | 11O (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:". |
| (2) | This paragraph does not extend to Northern Ireland. |
| | Cemeteries Clauses Act 1847 (c. 65) |
| | 11P (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:". |
| (2) | This paragraph does not extend to Northern Ireland. |
| | Town Police Clauses Act 1847 (c. 89) |
| | 11Q (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:". |
| (2) | This paragraph does not extend to Northern Ireland. |
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