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Lord Kingsland moved Amendment No. 89A:

The noble Lord said: I beg to move.

Baroness Ashton of Upholland: I shall be brief. I agree entirely with the principle of the amendment. However, we need the wording to be consistent with that of Clause 1(4); that is, Clause 104 should refer to the Lord Chancellor rather than the Lord High Chancellor of Great Britain. Schedule 1 to the Interpretation Act 1978 already provides that Lord Chancellor means Lord High Chancellor of Great Britain, so it is unnecessary to use his full title in defining "the Minister". For those reasons, I am prepared to accept the principle of the amendment, and I ask that it be withdrawn on the undertaking that I shall table an appropriate amendment on Report.

Lord Campbell of Alloway: Is that an undertaking that the Government will introduce the amendment to Clause 1(4) of their own volition?

Baroness Ashton of Upholland: It is. I was merely indicating how I would do so.
 
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Lord Kingsland: I am most grateful for the noble Baroness's correction. In those circumstances, I am content to beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Baroness Ashton of Upholland moved Amendment No. 90:


""Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26)."

On Question, amendment agreed to.

Clause 104, as amended, agreed to.

Clause 105 agreed to.

Clause 106 [Orders and regulations]:

Baroness Ashton of Upholland moved Amendment No. 91:

On Question, amendment agreed to.

[Amendment No. 91A not moved.]

Clause 106, as amended, agreed to.

Clause 107 agreed to.

Schedule 16 [Minor and consequential amendments]:

[Amendment No. 91B not moved.]

Baroness Ashton of Upholland moved Amendments Nos. 91C to 91G:

"Ecclesiastical Jurisdiction Measure 1963 (No. 1)


(1) The Ecclesiastical Jurisdiction Measure 1963 is amended as follows.
(2) In section 11 (review of commissions of convocation or Court of Ecclesiastical Causes Reserved) for "Lords of Appeal (within the meaning of the Appellate Jurisdiction Act 1876)" substitute "judges of the Supreme Court, or members of the supplementary panel under section 33 of the Constitutional Reform Act 2004,".
(3) In section 66(1) (interpretation) for the definition of "high judicial office" substitute—
""high judicial office" means such office within the meaning of Part 2 of the Constitutional Reform Act 2004 or membership of the Judicial Committee of the Privy Council;"."
Page 224, line 15, leave out sub-paragraph (3) and insert—
"( ) In section 12 (retirement of higher judiciary in event of incapacity)—
(a) in subsection (1)—
(i) omit "as Lord of Appeal in Ordinary, or";
(ii) for "subsections (2) to (4)" substitute "subsection (4)";
(b) omit subsection (2)."
 
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Page 225, line 13, at end insert—
"Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 3)


In the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, in section 31(1) (interpretation) for the definition of "high judicial office" substitute—
""high judicial office" means such office within the meaning of Part 2 of the Constitutional Reform Act 2004 or membership of the Judicial Committee of the Privy Council;"."
Page 226, line 3, leave out paragraph (c) and insert—
"( ) paragraphs 1(1)(a) and 2(2) of Schedule 3 (the Tribunal),"
Page 226, line 37, at end insert—
"Clergy Discipline Measure 2003 (No. 3)


In the Clergy Discipline Measure 2003, in section 43(1) (interpretation) for the definition of "high judicial office" substitute—
""high judicial office" means such office within the meaning of Part 2 of the Constitutional Reform Act 2004 or membership of the Judicial Committee of the Privy Council;"."

On Question, amendments agreed to.

Schedule 16, as amended, agreed to.

Clause 108 agreed to.

Schedule 17 [Repeals and revocations]:

Baroness Ashton of Upholland moved Amendment No. 92:


"Courts Act 1971 (c. 23)In section 24(1)— (a) ", he may"; (b) in paragraph (a), "or" in the last place where it occurs.
Child Support Act 1991 (c. 48)In section 53, "the Lord Chancellor or"."

The noble Baroness said: These are minor technical amendments relating to Schedule 17, which lists repeals and revocations of statutory provisions made in other parts of the Bill. Amendment No. 92 is a technical amendment to add references to Section 24(1) of the Courts Act 1971 and Section 53 of the Child Support Act 1991 to part 1 of Schedule 17.

Section 24(1) of the Courts Act 1971 is amended by paragraph 25 of part 2 of Schedule 4, which deals with appointments to be made by the Minister. That paragraph omits some of the existing words of Section 24(1), and a reference therefore needs to be added to the list of repeals and revocations in Schedule 17. Section 53 of the Child Support Act 1991 is amended by paragraph 25 of Schedule 5, which deals with other functions of the Lord Chancellor. Again, this is a consequential amendment resulting from that paragraph. As noble Lords are aware, on 13 July the House voted that Schedule 5 should not be agreed to. However, to preserve that part of the amendment which relates to the Courts Act, I would ask that this amendment be accepted as a whole, subject to my undertaking to correct the Child Support Act reference at Report stage.
 
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Amendments Nos. 95 and 96 remove Sections 2(1)(a) and 2A(2)(c) of the Civil Procedure Act 1997 and Section 71(2) of the Courts Act 2003 from the list of repeals and revocations in Part 2 of Schedule 17. These provisions are not being repealed but are being either amended or substituted by paragraphs 327, 328 and 434(3) of Schedule 1 respectively. The references, therefore, need to be removed from Schedule 17. I beg to move.

On Question, amendment agreed to.

Baroness Ashton of Upholland moved Amendment No. 93:

On Question, amendment agreed to.

Baroness Ashton of Upholland moved Amendment No. 94:

The noble Baroness said: The amendment is technical and corrects an instance of duplication. Schedule 17 provides for repeals in other legislation consequential on substantive clauses in the Bill. The amendment deletes from Part 1 of the schedule a repeal of Part 1 of the Appellate Jurisdiction Act 1947, which is superfluous, because the 1947 Act, as a whole, is repealed by Part 7 of the schedule. The amendment is minor and technical, and I trust that the Committee will have no difficulty in accepting it. I beg to move.

On Question, amendment agreed to.

Baroness Ashton of Upholland moved Amendments Nos. 95 and 96:

On Question, amendments agreed to.

[Amendment No. 96A not moved.]


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