Interpretation

– in the House of Lords at 12:36 pm on 8th May 2003.

Alert me about debates like this

Votes in this debate

8 In this Schedule "regulations" means regulations made by the Lord Chancellor."

Photo of Lord Phillips of Sudbury Lord Phillips of Sudbury Liberal Democrat

moved, as an amendment to Amendment No. 24, Amendment No. 25:

Line 8, leave out "one member who is a lay justice who is" and insert "two members who are lay justices who are"

Photo of Lord Phillips of Sudbury Lord Phillips of Sudbury Liberal Democrat

My Lords, we discussed this matter at some length in Committee and earlier this morning. I am not persuaded by the reasons given by the noble Baroness, Lady Scotland of Asthal, for not agreeing that two members of the board should be magistrates. They will be overwhelmingly the main carriers of business as between Crown Courts, county courts and magistrates' courts. The magistrates' courts will, I imagine, carry 80 to 90 per cent of the business. Accordingly, I will test the opinion of the House.

On Question, Whether Amendment No. 25, as an amendment to Amendment No. 24, shall be agreed to?

Their Lordships divided: Contents, 95; Not-Contents, 85.

Division number 2 Private Parking: Ports and Trading Estates — Interpretation

Aye: 93 Members of the House of Lords

No: 83 Members of the House of Lords

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Resolved in the affirmative, and Amendment No. 25, as an amendment to Amendment No. 24, agreed to accordingly.

On Question, Amendment No. 24, as amended, agreed to.

Schedule 1 [Abolition of magistrates' courts committees: transfers]:

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

moved Amendment No. 26:

Page 54, line 11, after "with," insert "or are otherwise attributable to"

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

My Lords, Amendments Nos. 26, 27, 28, 29, 30 and 31 are put forward to add greater clarity and certainty to paragraph 1 of Schedule 1, relating to the transfer of property. We have reviewed the provisions in Schedule 1 and put forward Amendments Nos. 26 and 27 to ensure that all the various categories of property, which should by virtue of paragraph 1(1) be transferred to the Lord Chancellor or another Minister of the Crown, may be included in a property transfer scheme.

Paragraph 8A of Amendment No. 29 is, in substance, the same as existing paragraph 13 but, again, it is a clarifying provision. Similarly, Amendment No. 30 is tabled to improve the drafting and clarity of that provision. Amendment No. 31 is consequential to the other amendments made to this schedule. I beg to move.

On Question, amendment agreed to.

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

moved Amendments Nos. 27 to 31:

Page 54, line 23, at end insert—

"( ) Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect." Page 54, line 26, at beginning insert "In this Part of this Schedule"

Page 56, line 13, leave out from beginning to end of line 44 on page 57 and insert—