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212: Schedule 19, page 195, line 1, leave out sub-paragraphs (2) to (4) and insert-
"(2) In subsection (1), for "coroner for the district in which the object was found" there is substituted "Coroner for Treasure".
(3) In subsection (4), for "coroner" there is substituted "Coroner for Treasure".
(4) For subsection (5) there is substituted-
"(5) If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure."
(5) After that subsection there is inserted-
"(6) Proceedings for an offence under this section may be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the
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(7) For the purposes of subsection (6)-
(a) a certificate signed by or on behalf of the prosecutor and stating the date on which the evidence referred to in that subsection came to the prosecutor's knowledge shall be conclusive evidence to that effect; and
(b) a certificate to that effect and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(8) In its application to Northern Ireland this section has effect as if-
(a) in subsection (1), for "Coroner for Treasure" there were substituted "coroner for the district in which the object was found";
(b) in subsection (4), for "Coroner for Treasure" there were substituted "coroner"; and
(c) in subsection (5), for the words from "Coroner for Treasure" to the end there were substituted "coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (1).""
213: Schedule 19, page 195, line 21, leave out "a senior coroner" and insert "the Coroner for Treasure"
217: Schedule 19, page 196, line 5, leave out "section 21" and insert "section (Investigations concerning treasure)"
218: Schedule 19, page 198, leave out lines 15 to 18 and insert-
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Paragraph 1 of Schedule (Coroner for Treasure and Assistant Coroners for Treasure) to the Coroners and Justice Act 2009 | |
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Paragraph 2(5) of Schedule 7 to the Coroners and Justice Act 2009" |
218A: Schedule 19, page 198, line 20, at end insert-
"Criminal Justice Act 2003 (c. 44)In Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), in paragraph 11-
(a) in paragraph (d) omit "in a way not amounting to a defence of provocation", and
(b) in paragraph (e), after "self-defence" insert "or in fear of violence"."
218B: Schedule 19, page 201, leave out lines 32 to 36 and insert-
""(2F) The powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge in the same manner as they may be exercised by the Court.""
218C: Schedule 19, page 202, line 3, leave out from "2009" to "80" in line 4 and insert-
"(l) to discharge or vary a witness anonymity order under any of sections 78, 79 or"
218D: Schedule 19, page 202, leave out lines 8 to 12 and insert-
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""(3E) Subject to section 44(4) above, the powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge of the Court.""
Amendments 208 to 218D agreed.
Amendment 218DA had been withdrawn from the Marshalled List.
Schedule 19, as amended, agreed.
Schedule 20 : Transitional, transitory and saving provisions
218E: Schedule 20, page 212, line 28, at end insert-
"(8) Sub-paragraphs (9) to (11) apply where an order under paragraph 2 of Schedule 2 has the effect of creating a coroner area ("the new area") that consists of or includes some or all of the area of one or more existing coroner areas ("the old areas").
(9) A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become the senior coroner or an area coroner for the new area at its inception if he or she is someone who-
(a) was treated by virtue of sub-paragraph (2) above as having been appointed as the senior coroner for one of the old areas, and
(b) held office as such immediately before the inception of the new area.
(10) A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become an assistant coroner for the new area at its inception if he or she is someone who-
(a) was treated by virtue of sub-paragraph (2) or (3) above as having been appointed as the senior coroner or an assistant coroner for one of the old areas, and
(b) held office as such immediately before the inception of the new area.
(11) Paragraph 10 of that Schedule does not apply to-
(a) a person within paragraphs (a) and (b) of sub-paragraph (9) above who becomes the senior coroner for the new area at its inception;
(b) a person within paragraphs (a) and (b) of sub-paragraph (10) above who becomes an assistant coroner for the new area at its inception."
219: Schedule 20, page 212, line 28, at end insert-
"Coroner for TreasureIn the case of the first appointment to the office of Coroner for Treasure, paragraph 2(b) of Schedule (Coroner for Treasure and Assistant Coroners for Treasure) does not apply to a person holding office as a coroner, deputy coroner or assistant deputy coroner under the 1988 Act on the coming into force of that Schedule."
Amendments 218E to 220 agreed.
21 July 2009 : Column 1579
Lord Bach: I will also speak extremely briefly to government Amendments 221B to 221F and 224. I have two speeches, and will make the shorter one. These are minor amendments to Schedule 20, which make transitional provision for various aspects of the Bill. I am happy to provide further details to the Committee but, in the interests of speed, I beg to move.
Lord Henley: After nine days in Committee on this Bill, I shall take it on trust that these are minor, technical amendments. I am grateful to the Minister for using the shorter of his two speeches.
221DA: Schedule 20, page 221, line 16, at end insert-
"Confiscation orders38A The amendments made by sections (Appeals against certain confiscation orders (England and Wales)) and (Appeals against certain confiscation orders (Northern Ireland)) (appeals against certain confiscation orders) apply to appeals which are pending when this Act is passed (as well as appeals made after that time)."
221FA: Schedule 20, page 223, line 10, at end insert-
"Assessment noticesUntil paragraph 8 of Schedule 4 to the Courts Act 2003 (c. 39) comes into force paragraph 1(1A) of Schedule 9 to the Data Protection Act 1998 (c. 29) (as inserted by paragraph 13(1A) of Schedule 18 to this Act) has effect as if the words "or a District Judge (Magistrates' Courts)" were omitted."
Amendments 221B to 221FA agreed.
Schedule 20, as amended, agreed.
221G: Schedule 21, page 224, line 38, at end insert-
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In Schedule 21, in paragraph 11(d), "in a way not amounting to a defence of provocation"." |
Schedule 21, as amended, agreed.
21 July 2009 : Column 1580
Clause 164, as amended, agreed.
Amendments 223A and 223B had been withdrawn from the Marshalled List.
Amendment 225 had been withdrawn from the Marshalled List.
Bill reported with amendments.
Lord Tunnicliffe: My Lords, it is not yet clear when the Message from the Commons about the Parliamentary Standards Bill will arrive. We will accordingly indicate on the Annunciators when the House will meet again later this afternoon.
3.38 pm
Royal Assent
6.30 pm
The following Acts were given Royal Assent:
Appropriation (No. 2) Act, Finance Act, Borders, Citizenship and Immigration Act, Political Parties and Elections Act,Parliamentary Standards Act.6.31 pm
Lord Bassam of Brighton: My Lords, in moving the Motion for the adjournment, I take this opportunity to wish noble Lords on all sides of the House a very enjoyable Summer Recess and thank all who have made my first year in the job of Chief Whip such an enjoyable one.
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