Moved by
Lord Keen of Elie
5: The Schedule, page 10, line 19, at end insert—
“but does not include a function to which any of the following subsections applies.
(2) This subsection applies to any function so far as its exercise involves authorising a person’s committal to prison.
(3) This subsection applies to any function so far as its exercise involves authorising a person’s arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person’s arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.
(4) This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by—
(a) the person against whom the order is made, or
(b) the person’s spouse, civil partner or dependent child aged under 18,
but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.
(5) This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.
(6) This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).”