Courts and Tribunals (Judiciary and Functions of Staff) Bill [HL] — Report — 16 Oct 2018 at 16:45
Moved by Baroness Chakrabarti
1: Clause 3, page 3, line 24, leave out subsection (3) and insert-“( ) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Moved by Baroness Chakrabarti
2: After Clause 3, insert the following new Clause-“Review of the delegation of legal advice and judicial functions to authorised staff(1) Within the period of three years from the coming into force of this Act, the Lord Chancellor must arrange for a review to be undertaken on the impact of the implementation of the provisions contained within section 3 and the Schedule to this Act.(2) A report setting out the findings of the review must be laid before both Houses of Parliament.”
Moved by Baroness Chakrabarti
3: The Schedule, page 6, line 36, at end insert-“( ) is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”
Moved by Lord Keen of Elie
5: The Schedule, page 10, line 19, at end insert-“but does not include a function to which any of the following subsections applies.(2) This subsection applies to any function so far as its exercise involves authorising a person’s committal to prison.(3) This subsection applies to any function so far as its exercise involves authorising a person’s arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person’s arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.(4) This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by-(a) the person against whom the order is made, or(b) the person’s spouse, civil partner or dependent child aged under 18,but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.(5) This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.(6) This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).”
Moved by Lord Keen of Elie
7: The Schedule, page 11, line 8, at end insert-“67BA Exercise of relevant judicial functions: reconsideration of decisions (1) Before making rules of court that provide for the exercise of relevant judicial functions by authorised persons by virtue of section 67B(1), the authority with power to make the rules must take the following steps in relation to each of the functions in question.(2) The authority must consider whether the rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.(3) If the authority considers that the rules should include such a right, it must include provision to that effect when it makes the rules.(4) If the authority does not consider that the rules should include such a right, it must inform the Lord Chancellor of-(a) its decision, and(b) its reasons for reaching that decision.”
Moved by Baroness Chakrabarti
8: The Schedule, page 11, line 8, at end insert-“67BA Right to judicial reconsideration of decision made by an authorised personA party to any decision made by an authorised person in the execution of the person’s duty as an authorised person exercising a relevant judicial function, by virtue of section 67B(1), may apply in writing, within 14 days of the service of the order, to have the decision reconsidered by a judge of the relevant court within 14 days from the date of application.”
Ayes 146, Noes 236.
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