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EnactedRoyal Assentc. 33

Courts and Tribunals (Judiciary and Functions of Staff) Act 2018

This bill became lawView the statute on acthub →c. 33 · 20 Dec 2018

Bill texts 4

  • HL Bill 108 (as introduced)Bill · 23 May 2018download soon
  • HL Bill 133 (as amended on Report)Bill · 16 Oct 2018download soon
  • Bill 286 2017-19, as introducedBill · 13 Nov 2018download soon
  • Bill 301 2017-19 (as amended in Committee)Bill · 04 Dec 2018download soon

Amendments 24

Committee stage — Lords 11

WithdrawnSchedule 1EditBillBody

at end insert— Right to judicial reconsideration of decision made by an authorised person

Moved: Baroness ChakrabartiSponsor: Lord Beecham, Lord Marks of Henley-on-Thames#9959
NotMovedSchedule 1EditBillBody

at end insert— A party to any decision made by an authorised person in the execution of the person’s duty as an authorised person exercising functions of a tribunal, by virtue of paragraph 3 of Schedule 5, may apply in writing, within 14 days of the service of the order, to have the decision reconsidered by a judge of the relevant tribunal within 14 days from the date of the application.”

Moved: Baroness ChakrabartiSponsor: Lord Beecham, Lord Marks of Henley-on-Thames#9960
WithdrawnSchedule 1EditBillBody

at end insert— No authorisation under subsection (2) shall include the power to—

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9961
NotMovedSchedule 1EditBillBody

at end insert— No authorisation under this paragraph shall include the power to make—

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9962
WithdrawnClause 3EditBillBody

leave out subsection (3) and insert— A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9963
NotMovedClause 3AddClauseOrSchedule

Insert the following new Clause— “Review of the delegation of legal advice and judicial functions to authorised staff

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9964
WithdrawnSchedule 1EditBillBody

at end insert— is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9965
NotMovedSchedule 1EditBillBody

at end insert— is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9966
NotMovedSchedule 1EditBillBody

at end insert “and if they are a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification.”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9967
WithdrawnClause 1AddClauseOrSchedule

Insert the following new Clause— “Report on availability of judicial training to support deployment

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9968
WithdrawnClause 1AddClauseOrSchedule

Insert the following new Clause— “Report on the impact of the provisions under section 1 on the diversity of the judiciary

Moved: Lord Marks of Henley-on-ThamesSponsor: Lord Beith#9969

Report stage — Lords 13

DisagreedSchedule 1EditBillBody

at end insert— Right to judicial reconsideration of decision made by an authorised person

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9971
NotMovedSchedule 1EditBillBody

at end insert— A party to any decision made by an authorised person in the execution of the person’s duty as an authorised person exercising functions of a tribunal, by virtue of this paragraph, may apply in writing, within 14 days of the service of the order, to have the decision reconsidered by a judge of the relevant tribunal within 14 days from the date of the application.”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9972
WithdrawnClause 3EditBillBody

leave out subsection (3) and insert— A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Moved: Baroness ChakrabartiSponsor: Lord Beecham, Lord Judge#9973
NotMovedSchedule 1EditBillBody

at end insert “and if they are a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#9974
WithdrawnClause 3AddClauseOrSchedule

Insert the following new Clause— “Review of the delegation of legal advice and judicial functions to authorised staff

Moved: Baroness ChakrabartiSponsor: Lord Beecham#10218
WithdrawnSchedule 1EditBillBody

at end insert— is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#10219
NotMovedSchedule 1EditBillBody

at end insert— is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”

Moved: Baroness ChakrabartiSponsor: Lord Beecham#10220
AgreedSchedule 1EditBillBody

after “paragraph” insert— ““function” does not include—

Moved: Lord Keen of Elie#10230
AgreedSchedule 1EditBillBody

leave out “In Schedule 5 (Tribunal Procedure Rules),”

Moved: Lord Keen of Elie#10231
AgreedSchedule 1EditBillBody

at end insert— Schedule 5 (Tribunal Procedure Rules) is amended as follows.”

Moved: Lord Keen of Elie#10232
AgreedSchedule 1EditBillBody

at end insert— “67BA Exercise of relevant judicial functions: reconsideration of decisions

Moved: Lord Keen of Elie#10233
AgreedSchedule 1EditBillBody

at end insert— “but does not include a function to which any of the following subsections applies.

Moved: Lord Keen of Elie#10234
AgreedSchedule 1EditBillBody

at end insert— After paragraph 28 insert—

Moved: Lord Keen of Elie#10235