Moved by
Lord Wolfson of Tredegar
246: Clause 167, page 188, line 15, leave out from “regulations” to end of line 16
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Wolfson of Tredegar at page 188, line 25.
247: Clause 167, page 188, line 25, at end insert—
“(8A) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—
(a) the Lord Chief Justice of England and Wales,
(b) the Senior President of Tribunals, or
(c) both of them.
(8B) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (8A).”
Member’s explanatory statement
This amendment responds to the inclusion of tribunals within new section 85A of the Courts Act 2003 (see the amendment in the name of Lord Wolfson of Tredegar at page 187, line 17) by providing for the Senior President of Tribunals to consent to regulations under that section in appropriate cases.
248: Clause 167, page 188, line 27, at end insert—
“(10) This section does not apply to proceedings in the Supreme Court.
(11) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
(a) an Act of the Scottish Parliament,
(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.”
Member’s explanatory statement
This amendment provides that Supreme Court proceedings and court or tribunal proceedings within devolved competence do not fall within the expanded scope of new section 85A of the Courts Act 2003 (as brought about by the amendment in the name of Lord Wolfson of Tredegar at page 187, line 17).
249: Clause 167, page 188, line 28, leave out subsection (2)
Member’s explanatory statement
This amendment (together with the amendment in the name of Lord Wolfson of Tredegar at page 281, line 12) removes provision that is unnecessary as a result of the amendment in the name of Lord Wolfson of Tredegar at page 187, line 17.
250: Clause 167, page 188, line 36, after “court” insert “and tribunal”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Wolfson of Tredegar at page 187, line 17.
251: Clause 167, page 188, leave out lines 37 to 46
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Wolfson of Tredegar at page 281, line 12.
252: Clause 167, page 189, line 3, leave out from “under” to end of line 9 and insert “section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).”
Member’s explanatory statement
This amendment is consequential on the amendments in the name of Lord Wolfson of Tredegar at page 187, line 17 and page 281, line 12.
253: Clause 167, page 189, line 15, after “court” insert “and tribunal”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Wolfson of Tredegar at page 187, line 17.
254: Clause 167, page 189, leave out lines 16 to 24
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Wolfson of Tredegar at page 281, line 12.
255: Clause 167, page 189, line 28, after “court” insert “and tribunal”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Wolfson of Tredegar at page 187, line 17.