HL Deb 26 March 1962 vol 238 cc767-70

[The references are to Bill 49 as first printed for the House of Commons]

Clause 3, page 2, line 33, at end insert— ("(3) Any functions exercisable by the sheriff of the county of York in relation to the attendance of jurors at the quarter sessions for the West Riding of that county shall continue to be exercisable by him as if this section had not been passed, and no such functions shall be exercised by the sheriff of Hallamshire.")

Clause 4, page 3, line 1, at end insert ("the county of")

Clause 4, page 3, line 8, at end insert ("the county of")

Clause 4, page 3, line 14, at end insert— ("(3) Anything to be done at a court of quarter sessions which, under any enactment, is to be done at sessions held at a specified time may be done at the first sessions held after that time, in any case where either no sessions are held at that time or sessions held at that time were begun before that time.")

Clause 4, page 3, line 24, after ("than") insert ("the county of")

Clause 4, page 3, line 30, leave out ("any case") and insert ("the case of a person committed to the court for trial")

Clause 4, page 3, line 39, after ("than") insert ("the county of")

Clause 4, page 3, line 41, at end insert ("and of the justices sitting and so qualified one is a man and one a woman")

Clause 8, page 5, line 7, leave out (" the city of").

After Clause 9, insert the following new clause—

Remuneration of certain clerks of the peace

(" .—(1) The remuneration of a clerk of the peace for any borough shall, subject to the following provisions of this section, be such as may from time to time be determined by the council of the borough; and the remuneration of the clerk of the peace for the City of London shall be such as may from time to time be determined by the court of quarter sessions for the City of London.

(2) In determining that remuneration the council or, as the case may be, the court, may direct that the clerk shall be entitled, in addition to his salary, to retain such of the fees payable to him as are specified in the direction.

(3) The clerk of the peace for any borough, unless he is also the town clerk or a deputy or assistant to the town clerk, may appeal to the Secretary of State against any determination of the council of the borough varying his remuneration and against any refusal of the council to make such a determination.

(4) On an appeal under subsection (3) of this section the Secretary of State may determine the remuneration of the clerk as from such date as he may fix, and in making the determination he may give, vary or rescind any such direction as is mentioned in subsection (2) of this section.

(5) The rate at which any such remuneration as is mentioned in subsection (1) of this section is payable at the commencement of this Act shall continue to be the rate at which it is payable until the remuneration is varied under this section.")

After Clause 9, insert the following new clause—

Qualifications of clerks at certain stipendiary courts

(" .—(1) A barrister may be appointed chief clerk to any metropolitan stipendiary court.

(2) The following provisions shall apply to the appointment, under section seventeen of the South Staffordshire Stipendiary Justice Act. 1899, of a clerk to the magistrate acting under that Act and of a deputy to that clerk, that is to say—

  1. (a) a person may be appointed clerk to that magistrate if, and only if, he would be eligible, under section twenty of the Justices of the Peace Act, 1949, to be appointed a justices' clerk, and the power under that section to prescribe age limits shall extend to the appointment of a clerk to that magistrate;
  2. (b) a person may be appointed deputy to the clerk to that magistrate notwithstanding that he is not a solicitor of the Supreme Court.")

Clause 12, page 5, line 45, after ("may") insert (" with his and the prosecutor's consent and")

Clause 12, page 5, page 6, line 2, leave out (" that person ") and insert ("him")

Clause 13, page 6, line 42, after(" conviction") insert ("or against an order made on the conviction")

Clause 15, page 7, line 39, after ("under ") insert ("paragraph (b) of subsection (3) of section six, paragraph (b) of the proviso to subsection (3) of section eight or subsection (4) of section eight of the Criminal Justice Act, 1948 ")

Clause 16, page 8, line 2, leave out ("The following provisions") and insert ("Subsections (2) to (5)")

Clause 16, page 9, line 10, at end insert— (" (6) Where a person is committed to be tried, sentenced or dealt with by or before any court of assize or quarter sessions but is not tried, sentenced or dealt with by or before that court, subsections (2), (3) and (5) of this section shall, with the necessary modifications, apply as they apply where a person is tried, sentenced or dealt with as mentioned in subsection (1) of this section.")

Fourth Schedule, page 12, line 9, at end insert—

("The Metropolitan Police Courts Act, 1839

In section five, after the words "unless he shall be" there shall be inserted the words "a barrister or"")

Fourth Schedule, page 12, line 18, at end insert—

("The South Staffordshire Stipendiary Justice Act, 1899

In section seventeen, in subsection (1), for the words "a solicitor of the Supreme Court" there shall be substituted the words "a person eligible under section (Qualifications of clerks at certain stipendiary courts) of the Criminal Justice Administration Act, 1962 ".")

Fifth Schedule, page 15, line 6, at end insert—

("14 & 15 Vict. c. 55. The Criminal Justice Administration Act, 1851. Sections nine to eleven.")

Fifth Schedule, page 15, line, 26, at end insert—

("62 & 63 Vict. c. xc. The South Staffordshire Stipendiary Justice Act, 1899. In section seventeen, in subsection (4), the words ' being a solicitor of the Supreme Court'.")

Page 16, line 21, column 3, after (" In ") insert (" Part I of ")

Page 17, line 15, column 3, at beginning insert ("In section two, in subsection (3), the words from ' In this subsection ' to the end of the section")

Page 17, line 15, column 3, at end insert ("In section eight, in subsection (3), the words from ' and any reference ' to the end of the subsection ")

Page 18, line 36, at end insert—

("7 & 8 Eliz. 2, c. 25. The Highways Act, 1959. In section two hundred and seventy-six, in paragraph (a) of subsection (9), the words ' the appeal committee of '.")

THE LORD CHANCELLOR

My Lords, in view of what the noble Lord, Lord Silkin, said, for which I am very grateful, I beg to move that this House doth agree with the Commons in the Amendments they have made to this Bill.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On Question, Motion agreed to.