§ 100 Clause 60, transpose Clause 60 to after Clause 51
§ 101 Clause 62, page 35, line 27, after ("shall") insert—
- ("(a) consist of the whole of one or more commission areas or be included wholly within a single commission area, and
§ 102 Clause 63, page 38, leave out lines 19 to
§ 103 Clause 64, page 38, line 44, after ("body") insert ("corporate")
§ 104 Page 38, line 46, leave out ("Greater London Magistrates' Courts")
§ 105 page 39, leave out lines 1 and 2
§ 106 page 39, leave out lines 10 to 19 and insert ("and (b) provision about the Authority's constitution and procedure (including quorum and meetings).")
§ 107 page 39, line 23, at end insert—
§ ("Procedure of Authority.
§ 30C.—(1) The Greater London Magistrates' Courts Authority may, with the approval of the Lord Chancellor, act through committees appointed by the Authority which, if they include at least one member of the Authority, may also include persons who are not members.
§ (2) The Authority may also arrange for the discharge of any of their functions—
- (a) by the chairman of the Authority; or
- (b) by the justices' chief executive.
§ (3) Subject to regulations made under this Act, the Authority shall have power to regulate their own procedure, including quorum.").
§ 108 page 39, ]eave out lines 25 to 28 and insert—
§ ("(2) After section 59 of that Act insert—
§ "The Greater London Magistrates' Courts Authority Functions.
§ 59A.—(1) The Greater London Magistrates' Courts Authority shall provide such petty sessional court-houses and other accommodation, and such goods and services, as they may determine proper for the performance of the Authority's functions and those of—
- (a) the magistrates for Greater London;
- (b) any committee of the magistrates for Greater London; and
- (c) the justices' clerks for any part of Greater London.
§ (2) The Authority may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function in subsection (1) above; but the Authority may not borrow money except insofar as authorised by any other enactment to do so.
§ 59B.—(1) The Lord Chancellor may pay grants to the Greater London Magistrates' Courts Authority in respect of the Authority's expenditure.
§ (2) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.479
§ (3) Each London local authority shall pay to the Authority such amount in respect of—
- (a) any kind of the Authority's expenditure in any year; or
- (b) if less, such amount as may, in relation to that kind of expenditure and that year, be for the time being determined by the Lord Chancellor,
§ as may be determined in accordance with regulations made by the Lord Chancellor by statutory instrument.
§ (4) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision—
- (a) as to whether payments are to be made by instalments or otherwise;
- (b) as to the time when payments are to be made;
- (c) conferring a right to interest on anything unpaid; and
- (d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).
§ (5) The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority's expenditure is to be determined.
§ (6) Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority's expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as nay be so specified.
§ (7) A statutory instrument containing regulations made by virtue of this, section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§ (8) In this section "London local authority" means the council of any London borough or the Common Council of the City of London.
§ 59C.—(1) The Greater London Magistrates' Courts Authority shall consult each London local authority before making any determination under section 59A(1) above or any determination as to—
- (a) the salary to be paid to a justices' clerk or justices' chief executive and to staff of the Authority; or
- (b) the nature and amount of the expenses which the Authority may incur in the discharge of their functions or may authorise to be incurred.
§ (2) Any London local authority which is aggrieved by such a determination may, within one month from the receipt by the London local authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the Authority and the London local authority concerned.
§ (3) In this section, "London local authority" has the same meaning as in section 59B above.
§ 59D.—(1) The Greater London Magistrates' Courts Authority shall keep a fund to be known as the GLMCA fund.
§ (2) All the Authority's receipts shall be paid into the GLMCA fund and all the Authority's expenditure shall be paid out of it.
§ (3) The Authority shall—
- (a) keep accounts of payments made into or out of the GLMCA fund; and
- (b) make arrangements for the proper administration of their financial affairs.
§ (4) The Lord Chancellor may by regulations made by statutory instrument make provision applying—
- (a) Part VIII of the Local Government Finance Act 1988 (financial administration); and
- (b) Part II of the Audit Commission Act 1998 (accounts and audit of public bodies),
§ to the Authority, with or without modifications and exceptions.
§ (5) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§ Provisions applying to all magistrates' courts committees'"..
§ (3) Schedule (The Greater London Magistrates Courts' Authority) (which makes provision supplemental^ to this section) shall have effect.")
§ 109 Clause 65, page 39, line 31, leave out ("56") and insert ("59D and the heading after that section (inserted by section 64 above)")
§ 110 Page 39, line 32, leave out ("56A") and insert ("59E")
§ 111 Page 39, line 36, after ("55(1)") insert ("or 59A(1)")
§ 112 Page 40, line 11, leave out ("56A(2)") and insert ("59E(2)")
§ 113 Page 40, line 19, leave out ("56A") and insert ("59E")
§ Lord Falconer of Thoroton
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 100 to 113. I have already spoken to them.
§ Moved, That this House do agree with the Commons in their Amendments Nos.100 to 113.—(Lord Falconer of Thoroton.)
§ On Question, Motion agreed to.