HL Deb 12 November 2003 vol 654 cc1406-10

Lay justice selection panels

  1. (a)for each police area for the time being listed in Schedule 1, and
  2. (b) for the police area constituted by the metropolitan police district,

(2) Each selection panel shall consist of three members, one of whom shall be appointed by each of the following—

  1. (a) the designated members of the police authority for the area;
  2. (b)the Secretary of State;
  3. (c)the two members of the panel appointed by virtue of paragraphs (a) and (b).

(3)A designated member may be appointed as a member of a selection panel by virtue of paragraph (a) (but not paragraph (b) or (c)) of sub-paragraph (2).

(4)In this Schedule, "designated member" means a member appointed under paragraph 2 or 5 of Schedule 2 or paragraph 2 or 3 of Schedule 2A.

(5)Subject to paragraph 3, in this Schedule '"selection panel" means a selection panel established under this Schedule.2 A person shall be disqualified for being appointed as or being a member of a selection panel if, by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A he is disqualified—

  1. (a) for being appointed under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A as a member of the police authority for the panel's area, or
  2. (b) for being a member so appointed.3 Paragraphs 3 to 7 of Schedule 3 apply in relation to selection panels established under this Schedule as they apply in relation to selection panels established under that Schedule.

Functions of lay justice selection panels

  1. (a) the procedures to be followed in relation to the selection of lay justices for inclusion on a short-list under paragraph 2, and
  2. (b) the conduct of the proceedings of selection panels under this Schedule.

(2)Regulations under this paragraph may in particular—

  1. (a)make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications for inclusion on a short-list under paragraph 4 and for dealing with applications received, and
  2. (b) provide for decisions of a selection panel under this Schedule to be taken by a majority of the members.

(3)Regulations under this paragraph may make different provision for different cases and circumstances.

(4)A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of cither House of Parliament.

Procedure if too few candidates short-listed

28 Page 133, line 6, at end insert—

"National Minimum Wage Act 1998 (c. 39)

376A After section 45 of the National Minimum Wage Act 1998 insert—

"45A Persons discharging fines by unpaid work

A person does not qualify for the national minimum wage in respect of any work that he does in pursuance of a work order under Schedule (Discharge of fines by unpaid work) to the Courts Act 2003 (discharge of fines by unpaid work).""

29 After Schedule 7, Insert the following new Schedule—

"TRANSITIONAL PROVISIONS AND SAVINGS

Interpretation

1 In this Schedule "the JPA 1997" means the Justices of the Peace Act 1997 (c. 25).

Orders contracting out the provision of officers and staff

2 Any order which, immediately before section 2 comes into force, was in force under section 27(3) of the Courts Act 1971 (c. 23), including, in particular, any order made under section 27(3) by virtue of—

  1. (a)section 4(7) of the Taxes Management Act 1970 (c. 9), or
  2. (b)section 82(3) of the Value Added Tax Act 1994 (c. 23), shall have effect as if made under section 2 for the purpose of discharging the Lord Chancellor's general duty in relation to the courts (and may be amended or revoked accordingly).

Local justice areas

3 The first order under section 8 must specify as a local justice area each area which was a petty sessions area immediately before the time when that section comes into force.

Appointment and assignment of lay justices

4 A person who, immediately before section 10 comes into force, was a justice of the peace for a commission area under section 5 of the JPA 1997 shall be treated as having been—

  1. (a) appointed under section 10(1) as a lay justice for England and Wales, and
  2. (b)assigned under section 10(2)(a) to the local justice area which—
    1. (i) is specified as such in the first order under section 8, and
    2. (ii) immediately before section 10 comes into force, was the petty sessions area in and for which he ordinarily acted.

The supplemental list

5(1) The existing supplemental list shall have effect as the supplemental list required to be kept by section 12; and any name which, immediately before that section comes into force, was included in that list under a provision listed in column 1 of the table shall be treated as having been entered in the list under the provision listed in column 2—

Provision of the JPA 1997 Provision of this Act
Section 7(2) Section 13(1)
Section 7(4) Section 13(5)
Section 7(6) Section 13(4)

(2) "The existing supplemental list" means the supplemental list having effect under the JPA 1997 immediately before section 12 comes into force.

Keepers of the rolls

6 A person who, immediately before section 16 comes into force, was under section 25 of the JPA 1997 keeper of the rolls for a commission area shall be treated as having been appointed under section 16 as keeper of the rolls for each local justice area which—

  1. (a)is specified as such in the first order under section 8, and
  2. (b)immediately before section 16 comes into force, formed part of, or consisted of, that commission area.

Chairman and deputy chairmen of the bench

7 A person who, immediately before section 17 comes into force, was under section 22 of the JPA 1997 the chairman (or a deputy chairman) of the justices for a petty sessions area shall be treated as having been chosen under section 17 as the chairman (or a deputy chairman) of the lay justices assigned to the corresponding local justice area specified in the first order under section 8.

Senior District Judge (Chief Magistrate)

8(1) The person who, immediately before section 23 comes into force, was under section 10A of the JPA 1997 the Senior District Judge (Chief Magistrate) shall be treated as having been designated as such under section 23(a).

(2) A person who, immediately before section 23 comes into force, was under section 10A of the JPA 1997 the deputy of the Senior District Judge (Chief Magistrate) shall be treated as having been designated as such under section 23(b).

Justices' clerks and assistant clerks

9 A person who—

  1. (a)immediately before section 27 comes into force, was a justices' clerk for a petty sessions area (or areas), and
  2. (b)is transferred to the Lord Chancellor's employment by virtue of paragraph 11 of Schedule 2, shall be treated as having been designated as a justices' clerk under section 27(1)(b) and assigned under section 27(3)(a) to the corresponding local justice area (or areas) specified in the first order under section 8.

10 A person who—

  1. (a)immediately before section 27 comes into force, was employed to assist a justices' clerk by acting as a clerk in court in proceedings before a justice or justices, and
  2. (b)is transferred to the Lord Chancellor's employment by virtue of paragraph 11 of Schedule 2,shall be treated as having been designated as an assistant to a justices' clerk under section 27(5)(b).

11(1) Any regulations made under—

  1. (a) section 42 of the Justices of the Peace Act 1949 (c. 101) (compensation in connection with Parts 2 and 3 of the 1949 Act), or
  2. (b) paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (c. 69) (compensation in connection with section 1 of the 1968 Act),

(2) The power to make amendments by virtue of sub- paragraph (1) of regulations falling within paragraph (a) of that sub-paragraph shall extend to making provision—

  1. (a) for compensation to or in respect of persons falling within sub-paragraph (3) to be payable if such persons suffer loss of employment, or loss or diminution of emoluments, attributable to anything done under Part 2;
  2. (b)for the determination by persons other than magistrates' courts committees of claims for compensation to be made;
  3. (c)for the payment by the Lord Chancellor of compensation payable under the regulations.

(3) A person falls within this sub-paragraph if—

  1. (a)on 2nd February 1995 he held the office of justices' clerk or was employed to assist a justices' clerk, and
  2. (b)is transferred to the Lord Chancellor's employment by virtue of paragraph 11 of Schedule 2.

(4) A person who under regulations made by virtue of sub- paragraph (2)(a) is entitled to compensation in respect of anything done under Part 2 is not entitled to compensation in respect of that thing under a scheme made under section 1 of the Superannuation Act 1972 by virtue of section 2(2)(a) of that Act.

Family proceedings courts

12 Any justice of the peace who, immediately before section 49 comes into force, was qualified to sit as a member of a family proceedings court shall be treated as having been authorised to do so by the Lord Chancellor under section 67 of the 1980 Act (as substituted by section 49).

Youth courts

13 Any justice of the peace who, immediately before section 50 comes into force, was qualified to sit as a member of a youth court shall be treated as having been authorised to do so by the Lord Chancellor under section 45 of the 1933 Act (as substituted by section 50).

Inspectors of court administration

14 Any person who, immediately before section 58 comes into force, was an inspector of the magistrates' courts service under section 62 of the JPA 1997 shall be treated as having been appointed as an inspector of court administration under section 58(1).

Collection of fines and discharge of fines by unpaid work

15(1) This paragraph applies if section (Collection of fines and discharge of fines by unpaid work) and Schedule (Collection of fines) are brought into force before section 8.

(2) Section (Collection of fines and discharge of fines by unpaid work) and Schedule (Collection of fines) have effect in relation to the period ending with the date on which section 8 comes into force as if any reference to a local justice area were a reference to a petty sessions area.

Register of judgments and orders

16 The register having effect under section 73 of the County Courts Act 1984 (c. 28) immediately before section 96 comes into force shall be treated as part of the register required to be kept under section 96."

30 Schedule 8, page 144, line 41, at end insert— In Schedule 2, in paragraph 19(2)(a),"or 8". In Schedule 2A, in paragraph 14(2)(a). "or 5".

Lord Filkin

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 25 to 30.

Moved, That the House do agree with the Commons in the Amendments Nos. 25 to 30.—(Lord Filkin.)

On Question, Motion agreed.