Coroners and Justice Bill
REVISED
NINTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 1st June 2009, as follows—
Clauses 127 and 128
Schedule 15
Clauses 129 to 136
Schedule 16
Clauses 137 to 152
Schedule 17
Clauses 153 to 158 | Schedule 18
Clauses 159 and 160
Schedule 19 and 20
Clause 161
Schedule 21
Clauses 162 to 166 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 191AA | Page 78, line 44, at end insert— |
| "(2) | Where a statutory instrument includes provision by virtue of subsection (1)— |
| (a) | if paragraph 2 of Schedule 2 to the European Communities Act 1972 (c. 68) applies to the instrument, sub-paragraph (2) of that paragraph has effect as if it required a draft of the instrument to be approved by resolution of each House of Parliament or, in the case of an instrument made by the Scottish Ministers, of the Scottish Parliament; |
| (b) | if section 59(3) of the Government of Wales Act 2006 (c. 32) applies to the instrument, that provision has effect as if it required a draft of the instrument to be approved by resolution of the National Assembly for Wales. |
| (3) | Where a statutory rule to which paragraph 3 of Schedule 2 to the European Communities Act 1972 (c. 68) applies includes provision by virtue of subsection (1), that paragraph has effect as if it required a draft of the rule to be approved by resolution of the Northern Ireland Assembly." |
| | Lord Thomas of Gresford gives notice of his intention to oppose the Question that Clause 128 stand part of the Bill. |
| 191AAA | Page 162, line 20, at end insert— |
| ( ) | This section does not apply if the defendant can show that his or her conviction imposed outside England and Wales resulted from a trial that would have, if the trial had taken place in England and Wales, breached Article 6 of the Convention rights within the meaning of the Human Rights Act 1998." |
| | Lord Thomas of Gresford gives notice of his intention to oppose the Question that Schedule 15 be the Fifteenth Schedule to the Bill. |
| 191AB | Page 80, line 30, leave out "as follows" and insert "in accordance with subsections (2) to (4)" |
| 191AC | Page 81, line 26, at end insert— |
| "( ) | In section 21(3) of the Justice (Northern Ireland) Act 2004 (c. 4) (orders and regulations subject to annulment in pursuance of resolution of either House of Parliament) after "1(4)" insert ", 5A(5)"." |
| 191AD | Page 82, line 13, leave out subsection (2) |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 191B | Page 84, line 20, at end insert— |
| "( ) | In paragraph 1(a), at the end insert "or investigations on behalf of an interested person into deaths of members of Her Majesty's Forces under Part 1 of the Coroners and Justice Act 2009, and "interested person" shall have the meaning given by section 38(2)(a) of that Act"." |
| 191C | Page 84, line 31, at end insert— |
| "( ) | In paragraph 2(1)(ha) omit "or"." |
| 191D | Page 84, line 31, at end insert— |
| "( ) | In paragraph 2(1)(i), at end insert ", or |
| (j) | an investigation on behalf of an interested person into the deaths of members of Her Majesty's Forces under Part 1 of the Coroners and Justice Act 2009, and "interested person" shall have the meaning given by section 38(2)(a) of that Act,"." |
| 191DA | Page 86, leave out lines 21 to 25 |
| 191DB | Page 175, line 25, at end insert— |
| "(c) | that making such an order would not cause substantial hardship to any person" |
| 191DC | Page 175, line 36, leave out "an" and insert "a substantial" |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 138 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 139 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 140 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 141 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 142 stand part of the Bill. |
| 192A | Page 92, line 45, at end insert "except where it is done for educational, academic or professional purposes" |
| 192B | Page 92, line 45, at end insert— |
| "( ) | A person is not to be regarded as having derived a benefit if the benefit is secured as remuneration for legitimate employment." |
| 192C | Page 92, line 45, at end insert— |
| "( ) | A person is not to be regarded as having derived a benefit if the benefit is secured as payment or reward for providing information to a law enforcement agency." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 193 | Page 93, line 3, at end insert ", but A is not to be regarded as securing a benefit for B merely by supplying B without payment with information which B incorporates in a publication for sale or in any other medium from which B derives financial benefit" |
| 193ZA | Page 93, line 3, at end insert— |
| "( ) | Subsection (3) does not apply where B is a charity or body operating on behalf of victims of crime." |
| 193ZB | Page 93, line 4, leave out "whether the benefit is derived, or" |
| 193ZC | Page 93, line 10, leave out "the benefit must be derived" and insert "any agreement resulting in A having derived a benefit must have been made" |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 143 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 144 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 145 stand part of the Bill. |
| 193ZD | Page 94, line 39, leave out subsection (2) |
| 193ZE | Page 95, line 7, leave out subsection (4) |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 146 stand part of the Bill. |
| 193ZF | Page 95, line 24, leave out paragraph (b) |
| 193ZG | Page 95, line 27, leave out paragraph (c) |
| 193A | Page 95, line 44, after "23" insert ", 23A" |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 147 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 149 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 150 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 151 stand part of the Bill. |
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