Motion A — 28 Feb 2006 at 17:44

:TITLE3:MOTION B

22 Clause 3, page 5, line 17, leave out ", in the opinion of the constable giving it,"

The Commons disagree to this Amendment for the following reason-

22A Because the Commons do not consider that it is appropriate that approval of a judge be required before a notice can be served under clause 3

23 Page 5, line 27, at end insert-

"(3A) A notice under subsection (3) shall not be given unless it has been approved by an appropriate judge.

(3B) An appropriate judge shall not grant an application for approval under subsection (3A) unless he is satisfied, on the evidence before him, that the statement or the article or record is one to which subsection (1) applies.

(3C) The Secretary of State may make regulations relating to applications made under subsection (3A).

(3D) Regulations made under subsection (3C)-

(a) may provide for an application to be heard without notice to the relevant person and in his absence;

(b) shall provide that the relevant person and other persons having an interest in the matter may apply to a court for the revocation of the notice.

(3E) The first regulations made under subsection (3C) may not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of each House of Parliament.

(3F) Other regulations made under subsection (3C) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."

The Commons disagree to this Amendment for the following reason-

23A Because the Commons do not consider that it is appropriate that approval of a judge be required before a notice can be served under clause 3

29 Page 6, line 37, at end insert-

"( ) In this section "appropriate judge" means-

(a) in England and Wales, a circuit judge or a judge of the High Court;

(b) in Scotland, a sheriff or a judge of the High Court of Judiciary;

(c) in Northern Ireland, a High Court judge."

The Commons disagree to this Amendment for the following reason-

29A Because the Commons do not consider that it is appropriate that approval of a judge be required before a notice can be served under clause 3

rose to move, as an amendment to Motion B, leave out from "House" to end and insert "do insist on its Amendments Nos. 22, 23 and 29."

On Question, Whether the said amendment shall be agreed to?

Their Lordships divided: Contents, 79; Not-Contents, 165.

Debate in Parliament | Source |