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back to previous amendments
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill. |
| | THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| Page 15, line 39, after "appropriate" insert "premises and" |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. |
| | THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| Page 17, line 31, at end insert "and must ensure that the levels of fees are such that the average fee cost of bringing appeals to the Supreme Court do not in total exceed, in real terms, the cost of bringing such appeals to the House of Lords in February 2004" |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 48 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 50 stand part of the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 11 be the Eleventh Schedule to the Bill. |
| | THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE VISCOUNT BLEDISLOE |
| Page 18, line 21, leave out from second "office" to end of line 22 and insert "as a Lord of Appeal in Ordinary or as a judge of—" |
| Page 18, line 29, leave out "judges of the Court" and insert "Lords of Appeal in Ordinary" |
| Page 18, leave out from beginning of line 37 to end of line 8 on page 19 |
| | THE LORD LLOYD OF BERWICK |
| Insert the following new Clause— |
| | "Selection of puisne judges |
| (1) | This section applies to a recommendation for appointment as a puisne judge. |
| (2) | A recommendation may be made only under section (The Minister's options). |
| (3) | If there is a vacancy among the puisne judges the Minister must, unless the Lord Chief Justice agrees otherwise, make a recommendation to fill the vacancy. |
| (4) | For the purposes of subsection (3) a vacancy arises only on a puisne judge vacating his office after the commencement of this section. |
| (5) | A request for the selection of a person to be recommended must be made by the Minister to the Commission. |
| (6) | Before making a request the Minister must consult the Lord Chief Justice. |
| (7) | Sections (Selection process) to (Selection following rejection or requirement to reconsider) apply where the Minister makes a request under this section." |
| Insert the following new Clause— |
| (1) | On receiving a request the Commission must appoint a selection panel. |
| (a) | determine the selection process to be applied, |
| (b) | apply the selection process, and |
| (c) | make a selection accordingly. |
| (3) | Any selection under this section or section (Selection following rejection or requirement to reconsider) must be of one person only (but a request may be for a selection to be made for each of a number of appointments). |
| (4) | A selection panel is a committee of the Commission." |
| Insert the following new Clause— |
| (1) | The selection panel must consist of the following— |
| (a) | the Lord Chief Justice or his nominee; |
| (b) | the relevant Head of Division; |
| (c) | the Chairman of the Commission or his nominee; |
| (d) | one other lay member of the Commission designated by the Chairman of the Commission; |
| (e) | a representative of the General Council of the Bar; |
| (f) | a representative of the Law Society of England and Wales. |
| (2) | A person may not be appointed to the panel if he is willing to be considered for selection. |
| (3) | A person may not be appointed to the panel as the nominee of more than one person. |
| (4) | A person appointed to the panel otherwise than as a nominee may not be a nominee. |
| (5) | The Lord Chief Justice or his nominee is the chairman of the panel. |
| (6) | On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie." |
| Insert the following new Clause— |
| (1) | After complying with section (Selection process)(2) the selection panel must submit a report to the Minister. |
| (a) | state who has been selected; |
| (b) | contain any other information required by the Minister. |
| (3) | The report must be in a form approved by the Minister. |
| (4) | After submitting the report the panel must provide any further information the Minister may require." |
| Insert the following new Clause— |
| (1) | This section refers to the following stages— |
| Stage 1: | where a person has been selected under section (Selection process) |
| Stage 2: | where a person has been selected following a rejection or reconsideration at stage 1 |
| Stage 3: | where a person has been selected following a rejection or reconsideration at stage 2. |
| (2) | At stage 1 the Minister must do one of the following— |
| (a) | recommend the person selected; |
| (b) | reject the selection; |
| (c) | require the selection panel to reconsider the selection. |
| (3) | At stage 2 the Minister must do one of the following— |
| (a) | recommend the person selected; |
| (b) | reject the selection, but only if it was made following a reconsideration at stage 1; |
| (c) | require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1. |
| (4) | At stage 3 the Minister must recommend the person selected, unless subsection (5) applies and he makes a recommendation under it. |
| (5) | If a person whose selection the Minister required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Minister may recommend that person at stage 3. |
| (6) | In this section references to recommending a person are references to making the recommendation for which he has been selected." |
| Insert the following new Clause— |
| | "Exercise of powers to reject or require reconsideration |
| (1) | The power of the Minister under section (The Minister's options) to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Minister's opinion, the person selected is not suitable for the office concerned. |
| (2) | The power of the Minister under section (The Minister's options) to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Minister's opinion— |
| (a) | there is not enough evidence that the person is suitable for the office concerned, or |
| (b) | there is evidence that the person is not the best candidate on merit. |
| (3) | The Minister must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection." |
| Insert the following new Clause— |
| | "Selection following rejection or requirement to reconsider |
| (1) | If under section (The Minister's options) the Minister rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accorance with this section. |
| (2) | If the Minister rejects a selection, the selection panel— |
| (a) | may not select the person rejected, and |
| (b) | where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered. |
| (3) | If the Minister requires a selection to be reconsidered, the selection panel— |
| (a) | may select the same person or a different person, but |
| (b) | where the requirement is following a rejection, may not select the person rejected. |
| (4) | The selection panel must inform the Minister of the person selected following a rejection or a requirement to reconsider. |
| (5) | Subsections (1) and (2) do not prevent a person being selected on a subsequent request under section (Selection of puisne judges)." |
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