COMMONS AMENDMENTS

HL Deb 12 November 2003 vol 654 cc1404-6

25 Schedule 7, page 114, line 40, leave out from beginning to second "for" in line 41 and insert—

"220(1) Amend section 82 (restriction on power to impose imprisonment for default) as follows.

(2) After subsection (4A) insert—

• "(4B) The cases in which the offender's default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which—

1. (a)he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule (Discharge of fines by unpaid work) to the Courts Act 2003 (discharge of fines by unpaid work), or
2. (b)he has without reasonable excuse failed to comply with such an order."

(3) In subsection (5A),"

26 Page 114, line 44, at end insert—

• "221A(1) Amend section 85 (power to remit fine) as follows.
• (2) After subsection(2A) insert—

• "(2B) Where the court remits the whole or part of the fine after a work order has been made under Schedule (Discharge of fines by unpaid work) to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order".

(3)In subsection (3), leave out "or (2A)" and insert ", (2A) or (2B)"."

27 Page 132, line 27, at end insert—

• "371A(1) Amend Schedule 2 (police authorities established under section 3) as follows.
• (2)In paragraph 1(1)(c) and (2)(c), for "magistrates" substitute "lay justices".
• (3)For paragraphs 7 and 8 substitute—"7 The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the authority's area.8 They shall be appointed—

1. (a)by the members of the police authority appointed under paragraph 2 or 5,
2. (b)from among persons on a short-list prepared in accordance with Schedule 3A."

(4) In paragraph 14(1)—

1. (a)in paragraph (b) for "magistrate" substitute "lay justice", and
2. (b)in paragraph (c) after "Schedule 3" insert "or 3A".

(5) For paragraph 18(2) substitute—

• "(2) A lay justice appointed to be a member of a police authority under paragraph 8 shall cease to be a member of the authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority's area."

(6) In paragraph 19(2)—

1. (a)in paragraph (a), omit "or 8", and
2. (b)in paragraph (b), after "5" insert "or 8".

(7)For paragraph 27 substitute—"27 In this Schedule, "lay justice" has the meaning given by section 9 of the Courts Act 2003."

• 371B (1)Amend Schedule 2A (the Metropolitan Police Authority) as follows.
• (2)In paragraph l(l)(c) and (2)(c), for "magistrates" substitute "lay justices".
• (3)For paragraph 5 substitute—

• "5(1) The members of the Metropolitan Police Authority referred to in paragraph l(l)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the metropolitan police district.
• (2) They shall be appointed—
1. (a)by the members of the Metropolitan Police Authority appointed under paragraph 2 or 3,
2. (b)from among persons on a short-list prepared in accordance with Schedule 3A."

(4)In paragraph 9(1)(d) for "magistrate for a commission area" substitute "lay justice assigned to a local justice area".

(5)For paragraph 13(3) substitute—

• "(3) A lay justice appointed to be a member of the Metropolitan Police Authority under paragraph 5 shall cease to be a member of the Authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the metropolitan police district."

(6)In paragraph 14(2)—

1. (a)in paragraph (a), omit "or 5", and
2. (b)in paragraph (b), after "3" insert "or 5".

(7)For paragraph 22 substitute—"22 In this Schedule, "lay justice" has the meaning given by section 9 of the Courts Act 2003."

• 371C (1) Amend Schedule 3 (police authorities: selection of independent members) as follows.
• (2)In paragraph 1(1), after paragraph (b) insert—"for the purposes of paragraph 5 of Schedule 2 and paragraph 3(3) of Schedule 2A."
• (3)After paragraph 1(4) insert—

"(5) In this Schedule "selection panel" means a selection panel established under this Schedule."

• 371D After Schedule 3 insert—