COMMONS AMENDMENTS (Hansard, 2 June 1964)

HL Deb 02 June 1964 vol 258 cc384-99 384

§ [The references are to Bill [62] as first printed for the House of Commons]

§ Clause 2, page 2, line 18, leave out from ("area") to end of line 32 and insert ("to be known as the inner London area, consisting of the inner London boroughs; (b) an area to be known as the north-east London area, consisting of the London boroughs of Barking, Havering, Newham, Redbridge and Waltham Forest; (c) an area to be known as the south-east London area, consisting of the London boroughs of Bexley, Bromley and Croydon; (d) an area to be known as the south-west London area, consisting of the London boroughs of Kingston upon Thames, Merton, Richmond upon Thames and Sutton; 385 (e) an area to be known as the Middlesex area, consisting of the London boroughs of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon and Hounslow;").

§ Clause 8, page 6, line 39, at end insert— ("(2) A person shall not be qualified to be appointed a clerk of the peace for a London commission area unless he is a barrister or solicitor of not less than five years' standing.")

§ Page 7, line 13, leave out ("the general fund of")

§ Page 7, line 13, leave out lines 17 and 18 and insert ("or if the clerk of the peace for a London commission area is aggrieved by any such determination with respect to his salary, the Council or the clerk, as the case may be, may appeal to the Secretary of State.")

§ Page 7, line 22, leave out from first ("of") to ("as") in line 24 and insert ("section 75 of the London Government Act 1963")

§ Page 7, line 25, at end insert— ("(7) The Minister of Housing and Local Government may by regulations provide that the Local Government Superannuation Acts 1937 to 1953 and any regulations made thereunder shall apply, subject to such adaptations, modifications, and exceptions as may be prescribed by the regulations, to clerks of the peace and deputy clerks of the peace for a London commission area and other officers of the court of quarter sessions for such an area or to any class of such officers; and any such regulations may make different provision with respect to different classes of officers and may contain such incidental, consequential or supplementary provisions as appear to the Minister to be necessary or expedient.

§ (8) Any regulations under subsection (7) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.")

§ Page 7, line 27, leave out ("5(2) and (3) and 12") and insert ("and 5(2) and (3),")

§ Page 7, line 29, leave out from ("thereof") to end of line 32.

§ Page 7, line 36, leave out subsection (9).

§ Clause 10, page 9, leave out line 5 and insert ("A metropolitan stipendiary magistrate who")

§ Clause 10, page 9, leave out line 8, leave out from beginning to first ("be") in line 10 and insert ("shall not by reason only of his being a justice of the peace for that area by virtue of that office—

(a) act as a member of a court of quarter sessions for that area; or
(b)").

§ Clause 13, page 11, line 40, leave out subsection (5) and insert— ("(5) There shall be a chairman, a vice-chairman and a deputy chairman of the committee of magistrates, and the chairman of the court of quarter sessions for the inner London area shall be the chairman of the committee, the chief metropolitan stipendiary magistrate shall be the vice-chairman and a person chosen from amongst themselves by the lay justices who are members of the committee shall be the deputy chairman.")

386

§ Clause 15, Page 13, leave out lines 23 to 25 and insert— ("(6) The following provisions of this subsection shall have effect with respect to determinations under subsection (5) of this section and related matters—

(a) no such determination shall have effect unless confirmed with or without modifications, by the Secretary of State;
(b) the committee of magistrates shall not make or refuse to make any such determination with respect to terms and conditions of employment except after consultation with persons appearing to the committee to represent the interests of the officers affected;
(c) any refusal of the Committee to make any such determination with respect to any terms and conditions of employment may be reviewed by the Secretary of State and on the review the Secretary of State may confirm the refusal or make such determination with respect to those terms and conditions as he thinks fit;
(d) in the case of any matter which falls to be determined under the said subsection (5) and")

§ Clause 15, Page 13, leave out line 32 after ("under") insert ("paragraphs (a) to (c) of").

§ Clause 19, page 16, line 1, at end insert ("or the House of Commons Disqualification Act 1957").

§ After Clause 19, insert the following new clause—

§ Extension of jurisdiction of magistrates' courts to try offences

§ (".A magistrates' court for a London commission area by which a person is tried for an offence shall have jurisdiction to try him for any summary offence for which he could be tried by a magistrates' court for any other London commission area.")

§ Leave out Clause 22.

§ Clause 27, page 22, line 30, leave out paragraph (c) and insert— ("(c) any sums payable by him in connection with a reasonable settlement of any such proceedings or claim;")

§ Clause 27, page 22, line 39, leave out from ("costs") to ("any") in line 45 and insert ("or sums as are mentioned in paragraph (a) or paragraph (c) of subsection (1) of this section may, if the person claiming to be indemnified so requests, be made in advance before those costs are incurred or the settlement made, as the case may be:

§ Provided that any such determination in advance for indemnity in respects of costs to be incurred shall be subject to such limitations, if any, as the committee think proper and to the subsequent determination of the amount of the costs reasonably incurred, and shall not affect")

§ Page 23, line 9, leave out from ("in") to end of line 10 and insert ("advance for indemnity in respect of such costs")

§ Page 23, line 13, leave out ("principle with respect to") and insert ("advance for indemnity in respect of")

387

§ Page 23, leave out line 31 and insert— ("(6) Subsection (5) of this section shall not apply to the inner London area, but in the application of the other provisions of this section to that area, for any reference to local funds there shall be substituted a reference to the metropolitan police fund;")

§ Page 23, line 36, leave out ("a deputy chief clerk") and add ("any officer employed by the committee of magistrates.")

§ After Clause 28, insert the following new clause—

§ Functions of, or relating to, quarter sessions

§ (".—(1) The existing functions of the standing joint committee of the court of quarter sessions and the council of any county, except functions exercisable by the committee as police authority, shall cease to be exercisable by the committee and shall be exercisable in accordance with the following provisions of this section.

§ (2) Subject to the following provisions of this section, the county council shall provide such courthouses and other accommodation whether in the county or elsewhere, and such furniture, books and other things, as the council may determine to be proper for the due transaction of the business, and convenient keeping of the records and documents, of the court of quarter sessions for the county or any committee of quarter sessions and the functions of the county council under this subsection shall include the functions of managing, controlling and maintaining any such accommodation which by virtue of section 30(3) of the Local Government Act 1888 were exercisable immediately before the commencement of this Act by the standing joint committee.

§ (3) The county council shall consult with the court of quarter sessions before making any determination under subsection (2) of this section and, without prejudice to the foregoing provision, shall consider and determine any matter which they have been requested by the court to consider and determine.

§ (4) If a court of quarter sessions are aggrieved by any determination of a county council under this section they may appeal to the Secretary of State.

§ (5) Any functions to which subsection (1) of this section applies, other than functions relating to the matters mentioned in subsection (2) of this section, shall be exercisable by the court of quarter sessions for the county.

§ (6) The court of quarter sessions for a county where the offices of clerk of the county council and clerk of the peace are held by different persons shall appoint such officers (in addition to a deputy clerk of the peace) or provide such other assistance as they may, after consultation with the county council, determine to be necessary for the purpose of assisting the clerk of the peace in carrying out his duties as such, and—

(a) the salary and other terms and conditions of service of any officer appointed under this subsection and the terms on which other assistance is provided thereunder shall be such as may from time to time 388 be determined by the court after consultation with the county council; and
(b) section 60 of the Local Government Act 1958 (transfer and compensation of officers) shall apply to officers affected by the fact of the clerk of the county council's becoming or, as the case may be, ceasing to be clerk of the peace for the county as it applies to officers affected by an order under Part II of that Act, subject, however, to the following modifications—

(i) a reference to the aforesaid fact shall be substituted for the reference in subsection (2) of that section to the provisions of any such order; and
(ii) the provisions mentioned in subsection (1) of that section shall, instead of being contained in any such order, be contained in regulations made by such Minister as may be determined by the Treasury to be appropriate in relation to the officers affected and those regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

§ (7) Section 8(7) and (8) of this Act shall apply to the following officers of a court of quarter sessions as they apply to officers of the court of quarter sessions for a London commission area, that is to say—

(a) a deputy clerk of the peace who is not also clerk of the county council;
(b) a deputy clerk of the peace who does not fall within paragraph C of Part II of Schedule 2 to the Local Government Superannuation Act 1937;
(c) an officer appointed under subsection (6) of this section.

§ (8) The provisions of subsections (6) and (7) of this section, except such of those provisions as are adopted by a resolution of the county council, shall not apply to any county for which provision for purposes corresponding to any of the purposes of those subsections is made by any local Act passed before, or in the same session as, this Act.

§ (9) The following expenditure of a court of quarter sessions, that is to say,—

(a) any expenditure incurred by them in exercising their functions under subsection (5) of this section; and
(b) the sums payable by way of salary or expenses to officers appointed under subsection (6) of this section, together with any employer's contributions payable in respect of them under the National Insurance Acts 1946 to 1963, and any expenditure on any other assistance provided for the clerk of the peace under that subsection;

shall be defrayed by the county council.

§ (10) If a county council are aggrieved—

(a) by the incurring of any, expenditure by a court of quarter sessions in the exercise of their functions under subsection (5) of this section; or
(b) by any determination of a court of quarter sessions under subsection (6) of this section;

the council may appeal to the Secretary of State.

§ (11) Any functions of a court of quarter sessions with respect to the appointment of, and other matters relating to, the clerk of the peace, deputy clerk of the peace and other officers of the court shall, except so far as the court otherwise resolves, be exercised by a committee consisting of the chairman of the court and such other justices as may be appointed by the court, and any other administrative functions of a court of quarter sessions may, if the court so resolves, be exercised by a committee so constituted; and section 96 of the Local Government Act 1933 (proceedings of committees) shall apply to any such committee with the substitution of references to the court of quarter sessions for references to a local authority.

§ (12) The foregoing provisions of this section except subsections (6) to (8) shall apply to a London commission area as they apply to a county with the substitution of references to the Greater London Council for references to a county council.

§ (13) The Secretary of State may by order make such amendments of or repeals in any local Act, including an Act confirming a provisional order, or any instrument in the nature of a local enactment made under any Act, as appear to him to be appropriate in consequence of the foregoing provisions of this section or of a resolution under subsection (8) of this section; and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.")

§ Leave out Clause 34 and insert the following new clause—

§ Application of supplementary provisions of the London Government Act 1963

§ (".—(1) The following provisions of the London Government Act 1963, that is to say—

(a) section 84 (power to make orders containing consequential, transitional and supplementary provisions);
(b) section 85(1) to (4) (transfer and compensation of officers); and
(c) section 87 (local Acts and instruments); shall, subject to subsections (2) to (4) of this section, have effect as if the provisions of Part I of and Schedule 4 to this Act were provisions of that Act.

§ (2) The officers to whom the said section 85(1) applies by virtue of subsection (1) of this section shall not include any persons other than clerks of the peace, deputy clerks of the peace and other officers of a court of quarter sessions, members of the staff of metropolitan stipendiary courts, justices' clerks and other members of the staff of magistrates' courts and probation officers and other persons employed by probation committees or the Secretary of Sate in connection with the work of probation officers.

390

§ (3) Section 85(2) of the London Government Act 1963 shall have effect subject to the following modifications:—

(a) the reference to local authorities who are or include a council to whom section 3(1)(b) of the said Act of 1963 applies and the second reference to local authorities shall include a reference to the following authorities, that is to say—

(i) the Secretary of State;
(ii) the standing joint committees for the counties of London and Middlesex;
(iii) the magistrates' courts committees for the counties of London and Middlesex and the county boroughs of Croydon. East Ham and West Ham;
(iv) the probation committees for the county of Middlesex, the said county boroughs and the petty sessional division of Becontree in the county of Essex;

(b) the authorities to whom any person may be transferred under the subsection shall, in the case of a person affected by Part I of this Act, include such of the following authorities for a London Commission area or a county adjoining any such area as may be specified in or determined under the order, that is to say, the court of quarter sessions, the magistrates' courts committee (or in the case of the inner London area the committee of magistrates) and the probation committee;
(c) the power of making orders under the subsection in the case of persons not employed by a local authority shall be exercisable by the Secretary of State and not by the Minister of Housing and Local Government.

§ (4) For the purposes of section 85(1) to (4) of the London Government Act 1963 and of this section the clerk of the peace, deputy clerk of the peace and justices' clerk for any area shall each be treated as employed by an authority, if that authority appointed him, and as having been transferred to, and thereafter as being in. the employment of an authority, if that authority has power to appoint such a clerk.

§ (5) Nothing in section 86 of the said Act of 1963 shall be construed as requiring a joint committee established under that section to consider any matters falling to be dealt with under section 84 or 87 of that Act by virtue only of this section.")

§ Clause 36, page 26, line 28, leave out from first ("the") to end of line 31 and insert ("Greater London Council under section 8(4) of this Act. section 77(3)(a) of the Criminal Justice Act 1948 or section 27(2) of the Justices of the Peace Act 1949 shall be placed to the credit of the special London account out of which the relevant expenses of the Council arc payable; and in this subsection 'the relevant expenses' means—

(a) in relation to payments under section 8(4) of this Act, expenses under that section:
(b) in relation to payments under section 77(3)(a) of the said Act of 1948, expenses, under Schedule 5 to that Act;
(c) in relation to payments under section 27(2) of the said Act of 1949, expenses under section 25(2) of that Act.")

§ Clause 39, page 27, line 26, leave out subsection (2)

§ Clause 39, page 27, line 43, leave out ("subsection (2) of this section)") and insert ("section (Application of supplementary provisions of the London Government Act 1963) of this Act).")

§ Clause 40, page 28, line 8, leave out ("Part II of this Act") and insert ("The following provisions of this Act, that is to say, Part II (except section 30),")

§ Clause 40, page 28, line 16, at end insert— ("(5) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).")

§ Clause 40, page 28, line 22, after ("Act") insert ("(which include enactments which were already obsolete or unnecessary before the passing of this Act)")

§ Clause 40, page 28, line 25, leave out subsection (8).

§ Schedule 1, page 29, line 18, leave out from ("appointed") to end of line 22 and insert ("or holding office under Part II of the City of London (Courts) Act 1964.")

§ Schedule 2, page 32, line 28, at end insert— ("7. Any contribution payable by the Treasury under paragraph 3, or by virtue of paragraph 5, of this Schedule shall be paid out of the Consolidated Fund.")

§ Schedule 3, page 32, line 36, at end insert ("a metropolitan magistrates' court")

§ Page 33, line 4, after ("to") insert ("the county of")

§ Page 33, line 12, leave out ("referernce") and insert ("references")

§ Page 33, line 13, leave out ("a reference") and insert ("references")

§ Page 33, line 24, leave out sub-paragraph (1)

§ Page 33, line 31, leave out sub-paragraph (3)

§ Page 33, line 41, at end insert—

§ ("THE LOCAL GOVERNMENT (CLERKS)

Act 1931

§ 14.—(1) In sections 3(1), 4 and 7(3) for references to the standing joint committee there shall be substituted references to the court of quarter sessions.

§ (2) So much of section 3(3) as adapts the enactments relating to fees and costs payable to the clerk of the peace shall cease to have effect.")

§ Page 34, line 13, at end insert—

§ ("THE LOCAL GOVERNMENT SUPERANNUATION ACT 1937

§ 15. For the purposes of section 4(2), in its application (by virtue of Schedule 3 to the 392 Local Government Superannuation Act 1953) to justices' clerks for an outer London area and staff employed by a magistrates' courts committee for such an area to assist a justices' clerk, Greater London shall be treated as a county and the Greater London Council shall be treated as the council of that county.")

§ Page 35, line 9, after ("shall") insert ("if the duties are those of a justice for the inner London area out of sessions, be paid by the Receiver and shall in any other case")

§ Page 35, line 16, leave out ("In section 18(9)(a)") and insert ("Section 18 shall in its application to the outer London areas have effect as if any reference to the council of a county were a reference to the Greater London Council, and in subsection 9(a) of that section")

§ Page 36, line 6, at end insert— ("(2) Section 12 shall, in its application to the Central Criminal Court, have effect as if for the reference to the end of the assizes there were substituted a reference to the latest date on which, under paragraph 12 of Schedule 1 to this Act, the trial of the accused must begin or, if the court has under that paragraph ordered that the trial shall begin on some other date, that other date.")

§ Page 36, line 35, at end insert— ("2) In Part III of Schedule 1, in its application to the House of Commons of the Parliament of the United Kingdom, the entry relating to clerks and other officers and servants of a metropolitan magistrate's court shall cease to have effect.

§ (3) In Part IV of Schedule 1, in its application to the House of Commons of the Parliament of the United Kingdom— (a) after the entry relating to Her Majesty's Commissioner of Lieutenancy in the City of London there shall be inserted the following words—

"Her Majesty's Lieutenant for Greater London.

Any constituency comprising any part of Greater London";

(b) after the entry relating to the Governor of the Isle of Wight there shall be inserted the following words—

"The High Sheriff Greater London.

of Any constituency comprising any part of Greater London".")

§ Page 37, line 33, at end insert—

§ ("THE LICENSING ACT 1964

§ 29.—(1) In section 2(1) for the words from "(a) in the administrative" to "London" in paragraph (b) there shall be substituted the words "the City of London".

§ (2) In section 25(2) for the words from "and (b)" to the end of the subsection there shall be substituted the words— (b) if the licensing district for which the licensing justices acted is in a London commission area, out of the general fund of the Greater London Council; 393 (c) if the licensing district for which the licensing justices acted is the City of London, out of the general rate of the City of London; and (d) in any other case, out of the county fund of the county in which the licensing district is situated; and any sum falling to be paid by virtue of this subsection out of the general fund of the Greater London Council shall be chargeable only on the London boroughs."

§ (3) In section 25(3) for the words from "as if" to the end of the subsection there shall be substituted the words "subject however to the following modifications—

(a) for any reference in those provisions to a borough or county borough there shall be substituted a reference to the City of London or to a borough having a separate court of quarter sessions, as the case may require; and
(b) in the application of those provisions to the City of London for any reference to the treasurer there shall be substituted a reference to the Chamberlain".

§ (4) In section 201(1), for the definition of "the metropolis" there shall be substituted the following definition, that is to say, "'the metropolis' means an area consisting of the inner London area within the meaning of the Administration of Justice Act 1964 and the City of London".

§ (5) In Part VII and Schedule 11 any reference to the administrative county of London shall be construed as a reference to the metropolis, and any reference in Schedule 11 to the county of London or London shall be construed as a reference to the inner London area.")

§ Schedule 4, page 38, fine 18, after ("appointments,") insert ("the")

§ Schedule 4, page 38, leave out lines 36 to 48 and insert— ("4.(1) After the issue of a commission of the peace for a London commission area and before 1st April 1965 the Greater London Council shall make all necessary arrangements for satisfying the initial requirements of the court of quarter sessions for that area as to accommodation and equipment, and subsections (2) to (4) and (7) of section (Functions of, or relating to, quarter sessions) of this Act shall apply for that purpose notwithstanding that that section has not come into force.")

§ Schedule 4, page 38, line 50, leave out from ("area") to end of line 9 on page 39 and insert ("if the county council of Essex, Kent or Surrey, as the case may be, are requested by the Greater London Council to provide any accommodation or equipment necessary for the purposes of the said arrangements and decline to do so or fail to agree with the Greater London Council about the terms or conditions on which it is to be provided, the dispute shall be referred to the Secretary of 394 State who may give such directions in the matter as he thinks fit, but no county council shall be required by virtue of this sub-paragraph to provide any accommodation or equipment for those purposes after 1st April 1970.")

§ Page 39, line 22, at end insert— ("(2) Any order made under or by virtue of sub-paragraph (1) of this paragraph may contain transitional and other consequential provisions.")

§ Page 40, line 25, at end insert ("and (c) the lay justices elected to the committee under paragraph 6(1) of this Schedule or paragraph (a) of this sub-paragraph shall as soon as practicable after being elected choose a person in accordance with section 13(5) of this Act to be deputy chairman of the committee.")

§ Page 40, line 36, leave out ("by justices of the peace for") and insert ("under paragraph 6 of this Schedule in the case of")

§ Page 41, line 12, at end insert— ("(5) Any requirements imposed by the foregoing provisions of this paragraph shall have effect subject to the provisions of any instrument made under any enactment including this Act.")

§ Page 43, line 8, leave out ("an existing") and insert ("a")

§ Page 43, line 13, leave out ("Acts 1953 to 1961") and insert ("Act 1964,")

§ Page 43, line 14, leave out ("division") and insert ("district")

§ Page 43, line 14, leave out ("on 1st April 1965") and insert ("by this Act,")

§ Page 43, line 17, leave out ("division") and insert ("district")

§ Page 43, line 20, leave out first ("division") and insert ("district")

§ Page 43, line 20, leave out second ("division") and insert ("district")

§ Page 43, line 21, leave out ("division") and insert ("district")

§ Page 43, line 25, leave out ("division") and insert ("district")

§ Page 43, line 29, leave out ("division") and insert ("district")

§ Page 43, line 35, at end insert ("and subparagraph (1) of this paragraph shall with necessary modifications apply to things done by any such committee for the purpose of disposing of proceedings in pursuance of this sub-paragraph.")

§ Page 43, line 40, after ("area") insert ("and")

§ Page 43, line 41, leave out from ("court") to end of line 42.

§ Page 44, line 7, at end insert— ("(3) Any expenditure incurred by the Greater London Council under this paragraph in connection with any of the matters mentioned in sub-paragraph (1)(b) of this paragraph shall be chargeable only on the outer London boroughs.")

§ Page 47, line 7, leave out ("an existing") and insert ("a")

§ Page 47, line 8, leave out ("an existing") and insert ("a")

395

§ Page 47, line 44, leave out from ("to") to ("which") in line 45 and insert ("a petty sessions area, petty sessional division or licensing district")

§ Page 47, line 46, leave out from ("to") to ("which") in line 47 and insert ("an existing petty sessions area, petty sessional division or licensing district")

§ Page 47, line 49, after ("by") insert ("or in consequence of").

§ Schedule 5, page 48, line 20, at end insert—

("8 & 9 Vict. c. 18.

The Lands Clauses Consolidation Act 1845.

Section 148 originally enacted or as incorporated in any other enactment.")

§ Schedule 5, page 48, line 28, at end insert—

("32 & 33 Vict. c. 18.

The Lands Clauses Consolidation Act 1869.

The whole Act as originally enacted or as incorporated in any other enactment.")

§ Schedule 5, page 48, line 28, column 3, leave out lines 44 to 47 and insert— ("In section 3(iv), the words from "subject" to the end of the paragraph.

§ Section 30, except so far as relating to the police.")

§ Schedule 5, page 48, line 53, at end insert ("Section 64(3) and (4).")

§ Page 49, line 6, at end insert—

("58 & 59 Vict. c. cxxvii.

The London County Council (General Powers) Act 1895.

Section 43.")

§ Schedule 5, page 48, line 14, leave out ("(1)")

§ Schedule 5, page 48, line 21, at end insert—

("16 & 17 Geo. 5. c. xcviii.

The London County Council (General Powers) Act 1926.

Section 35.")

§ Schedule 5, page 48, line 25, column 3, at beginning insert— ("In section 3(3) the words from "and in the enactments" to "this Act".

§ Section 12.

§ Section 13(1)(b).")

§ Schedule 5, page 48, line 58, leave out ("county") and insert ("section ninety")

§ Page 50, line 19, at end insert—

("11 & 12 Geo. 6. c. liii.

The London County Council (General Powers) Act 1948.

Section 49.")

§ Page 50, line 19, leave out lines 26 to 30.

§ Page 50, line 42, at end insert— ("In section 27(10)(c) the words "a clerk to a metropolitan stipendiary court".")

§ Page 51, leave out lines 5 and 6.

§ Page 51, leave out line 24, at end insert— ("In Part III of Schedule 1, in its application to the House of Commons of the Parliament of the United Kingdom, the entry relat- 396 ing to clerks and other officers and servants of a metropolitan magistrate's court.")

§ Page 51, leave out lines 32 and 33.

§ Page 51, leave out line 51, column 3, at beginning insert ("Section 84(6).")

§ Page 51, leave out line 54, after ("and") insert ("in")

§ Page 51, leave out line 58, at end add—

("1964, c.	The Licensing Act 1964.	Section 57(2). In section 60(2) the words "wholly or partly".
		In section 60(3), the words "wholly or partly".
		Section 201(3).
1964, c. iv.	The City of London (Courts) Act 1964.	Section 8(2).")

§ LORD DERWENT
My Lords, your Lordships will see that there are a large number of Amendments on the Order Paper—91 in all. However, many of these are minor and I thought it might be convenient to your Lordships if I singled out for particular mention those which substantially add to the Bill as it left this House. The Bill was improved during its passage through this House, and I think your Lordships will agree, when I have described these further Amendments, that they represent a further useful addition to the Bill.
The first Amendment I should like to mention is Amendment No. 2 on the Order Paper, which prescribes the qualifications of a clerk of the peace for a London commission area. There is no statutory provision for the qualifications of clerks of the peace elsewhere in the country, though, so far as I know, and have been able to find out, they all have legal qualifications. However, it was represented in another place that it would nevertheless be desirable to make it clear that in London the clerk of the peace must be a barrister or solicitor of not less than five years' standing, and the Government agreed that this should be done.
Next there are Amendments Nos. 10 and 11, which alter the provision in Clause 10(5) that a metropolitan stipendiary magistrate, although he is an ex-officio justice of the peace for each of the London commission areas and for the counties of Essex, Hertfordshire, Kent and Surrey, may not sit at quarter sessions for those areas. It was represented to us after the Bill had left this House that it is not really necessary to preserve 397 this absolute ban on metropolitan magistrates sitting at quarter sessions, and that if a metropolitan magistrate were appointed to the commission of any of the areas concerned in his own right he should be allowed to sit insofar as his other duties permitted. We felt able to accept that suggestion and the Amendment provides simply that a stipendiary is not to sit at quarter sessions by reason only of the fact that he is an ex-officio justice.
Amendment No. 12 relates to the Committee of Magistrates for the Inner London area. Clause 13 of the Bill as it left this House provided that the chairman of the Inner London Quarter Sessions should be the chairman of the Committee of Magistrates and that the Chief Metropolitan Stipendiary Magistrate should be deputy chairman. The effect of the Amendment is that the chief magistrate is designated vice-chairman, and the deputy chairman is to be a person chosen from among themselves by the lay justices on the Committee of Magistrates. The Government were urged in the other place to recognise the joint participation of the stipendiary magistrates and lay justices in the integrated courts of Inner London by providing that there should be two joint deputy chairmen, one a stipendiary magistrate, the other a lay justice. The Government, while appreciating the spirit in which the suggestion was made, did not feel that it would be practicable to have two deputy chairmen of the Committee but proposed instead that there should be a vice-chairman and deputy chairman. This proposal was accepted in another place, and the Amendment provides accordingly.
I come now to two Amendments relating to the staff of the Inner London magistrates' courts, Nos. 13 and 14 on the Order Paper. These are designed to make it clear that if the Committee of Magistrates for the Inner London area rejects a proposal which would vary the terms and conditions of service of the staff of the magistrates' courts in Inner London, the decision is open to review by the Home Secretary, who may confirm the decision or, if he thinks fit, make an alternative decision with regard to the terms and conditions. These Amendments were put forward by the Government following negotiations with the staff associations, and I think I may 398 say that they are acceptable to all the interests concerned.
It might be convenient if I mentioned at this point a later Amendment, No. 25, which is a new clause relating not only to the staff of the Inner London magistrates' courts but also to all other staff affected by the Bill. The new clause adapts Section 85 of the London Government Act, 1963, to provide more specific measures for the protection of the interests of persons affected by the Bill than those contained in Clause 34 of the Bill, which is superseded. The Home Secretary is empowered (and, in the case of authorities which are disappearing, obliged) to transfer officers to new employing authorities on terms of service no less favourable than those enjoyed by them before transfer, and to make regulations for the compensation of persons suffering loss of office or loss of diminution of pay as a result of the Bill. The noble Lord, Lord Ogmore (who is not at the moment in his place), asked at Committee stage in this House whether there could be assurance that existing staff of the metropolitan magistrates' courts and the lay justices' courts who became the staff of the Inner London magistrates' courts would do so on a "no detriment" basis. The new clause gives full assurance on that point and extends not only to those persons but to all officers affected by the Bill.
The next substantial Amendment is No. 16. This is a new clause which allows a magistrates' court for one London commission area, when it is trying a person for an offence committed in that area, to deal at the same time with offences which have been committed in other London commission areas. It is not uncommon for someone to be apprehended for summary offences committed in various parts of the future Greater London area, and the new provision will make for flexibility in dealing with such cases. It is, I think, a useful reform.
Amendment number 24 is also a new clause. My noble friend the Lord Chancellor explained on Second Reading in this House that, after the creation of new police authorities in the Police Bill and the consequent abolition of the police functions of standing joint committees, those committees will be left with only the residual function of dealing with court accommodation for quarter sessions; and, 399 in the event, he and my right honourable friend the Home Secretary decided that it would be anomalous for standing joint committees to continue to exist solely to discharge these residual functions. The new clause makes alternative provision. It transfers to the county council the existing duty of the standing joint committee to determine what buildings and equipment are required by the court of quarter sessions, and obliges the county council to consult quarter sessions before making a determination. There is a right of appeal to the Secretary of State if quarter sessions is dissatisfied with a decision by the county council. That is the main pattern of the clause. Certain other subsidiary matters are also dealt with in the clause, and if any noble Lord wishes to have further details I will do my best to help him.
My Lords, I think that the only other Amendment which I need single out for special mention is Amendment No. 29 which makes it clear that Clause 31, which allows the payment of subsistence allowances to justices, is to come into force on the passing of the Act. This clause was welcomed in both Houses and noble Lords who have expressed an interest in the clause will, I am sure, be glad to know that it is to come into immediate effect. Regulations will need to be made under the clause, and I understand from my right honourable friend the Home Secretary that it is his intention that these should be made very soon after the passing of the Act.
The remaining Amendments, as I have said, are comparatively minor changes. Many of them have been made to meet suggestions and criticisms which have been made during the progress of this rather complex and technical Bill through Parliament. I have done my best to point out the salient features of the Amendments of substance on the Order Paper. If it is convenient to the House, I would propose to move all the Amendments en bloc, and if any noble Lords wish to ask questions about any particular Amendment I will be glad to try to help them. I beg to move that this House doth agree with the Commons in the said Amendments.

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

§ On Question, Motion agreed to.