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SI 2007/1177. (Negative instrument). Together with an explanatory memorandum from the Department for Constitutional Affairs. Coming into force 1 May 2007.

Department
Department for Constitutional Affairs
Type
Statutory instruments
Date
5 April 2007
Reference
SI 2007/1177
House
House of Commons; House of Lords

Letter dated 21/02/2007 from Baroness Ashton of Upholland to Andrew Dismore MP in response to the reports of the Joint Committee on Human Rights to the Tribunal, Courts and Enforcement Bill.

Deposited by
Department for Constitutional Affairs
Type
Deposited papers
Date
21 February 2007
Reference
DEP 07/527
House
House of Lords; House of Commons

moved Amendment No. 87: 87: Clause 126 , page 95, line 36, leave out ““and”” and insert— ““( ) its import does not contravene a prohibition or restriction on the import of goods, imposed by or under any enactment, that applies to the object, a part of it or anything...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c292-4
House
House of Lords

My Lords, I am grateful to the noble Lord for supporting the thrust of what we are seeking to do, and I hope that I shall be able to reassure him. The financial thresholds will prevent a charging order or order for sale being made in relation to a debt...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c291-2
House
House of Lords

My Lords, I am most grateful to the noble Baroness who responded to my amendment with her characteristic sensitivity. I look forward to hearing about the progress that is made in her discussions with representatives of the water industry and, indeed, other utilities. Our intention in tabling the amendment is...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c292
House
House of Lords

My Lords, I am grateful for that response. It seems that the individual circumstances of the judgment debtor will be looked at; the judge will exercise his discretion accordingly; and the rights of both parties will thereby be preserved. On that basis, I beg leave to withdraw the amendment. Amendment,...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c291
House
House of Lords

moved Amendment No. 83: 83: Clause 86 , page 54, line 30, leave out ““provide that a charge may”” and insert ““recommend that a charge should”” The noble Lord said: My Lords, this group of amendments would leave the decision whether to make a charging order to judicial discretion in...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c291
House
House of Lords

moved Amendment No. 79: 79: Clause 85 , page 53, line 32, at end insert— ““(9) Where the judgment that is the subject of a charging order application relates to an agreement regulated by the Consumer Credit Act 1974, the court shall not make a charging order if an order...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c289-90
House
House of Lords

My Lords, I am grateful to the noble Lord. I hope that my speaking note will completely reflect what is in the letter. Perhaps the letter will reach me in the next few minutes to make sure that it does—I left my copy of it behind. The critical point which...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c290-1
House
House of Lords

moved Amendment No. 76: 76: Clause 56 , page 41, line 14, leave out from beginning to ““provision”” in line 15 and insert— ““(2) The Lord Chancellor must make regulations about certificates under this section. (2A) The regulations may in particular include”” On Question, amendment agreed to. [Amendment No. 77...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c289
House
House of Lords

My Lords, I thank the Minister, but amending a Bill is all that I can do. One has to be conscious of one’s own limitations. An amendment would at least carry the arguments through to the Commons, where I hope that it might prompt further thinking by the Government. I...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c289
House
House of Lords

My Lords, I am not sure that it is a matter of amending the Bill, because I am talking about a consultation process, and those issues are contained in it. I will of course be delighted to meet the noble Lord to seek to address his point, but I am...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c289
House
House of Lords

My Lords, I am grateful to the noble Lord, Lord Lucas, not just for this evening but for the way he has brought forward these issues of regulation of the industry. I hope he will agree that I have encouraged him to do so from the beginning. The answer to...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c287-8
House
House of Lords

My Lords, before the Minister sits down—which I believe is the right formulation—I wish to place on record, in order to ensure some clarity in Hansard, that when I referred earlier to Amendment No. 96, my memory had failed me and it was actually Amendment No. 93.

Member
Lord Newton of Braintree (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c288
House
House of Lords

My Lords, I am sure we are all grateful for that clarification. I hope that the noble Lord, Lord Lucas, will feel able to welcome what we have been able to do and withdraw his amendment.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c288
House
House of Lords

My Lords, I indeed welcome what the Minister has done. One always hopes that one’s own particular remedies will be adopted, but clearly the Government have identified the same disease as we have, and have chosen to treat it in their own way. I shall do everything I can to...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c288-9
House
House of Lords

My Lords, I am quite content with that answer and I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 71 to 73 not moved.] Clause 55 [Enforcement Agents]:

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c283
House
House of Lords

moved Amendment No. 74: 74: Clause 55, page 40, line 32, leave out ““certificate”” and insert ““licence”” The noble Lord said: My Lords, I shall speak also to Amendments Nos. 75 and 77. I have been gazumped here by the Government, who have decided that rather than moving in the...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c283-6
House
House of Lords

moved Amendment No. 96: 96: Schedule 23, page 287, line 18, column 2, at beginning insert— On Question, amendment agreed to. Clause 138 [Extent]:

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c305
House
House of Lords

moved Amendments Nos. 97 and 98: 97: Clause 138, page 104, line 38, leave out ““subsection (4)”” and insert ““subsections (4) and (5)”” 98: Clause 138, page 105, line 3, at end insert— ““(5) The following extend also to the Isle of Man— (a) section 134(1) and (2), (b) the...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
31 January 2007
Reference
689 c305
House
House of Lords