Moved by
Lord Bates
49D: Schedule 4, page 76, line 25, at end insert—
“Visiting Forces Act 1952 (c. 67)
In the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3), in paragraph 1(b)(xi), before “the Female Genital Mutilation Act 2003” insert “sections 1 to 3 of””
49E: Schedule 4, page 76, line 33, at end insert—
“Senior Courts Act 1981 (c. 54)
In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the family division of the High Court), after paragraph (h) insert—
“(ha) all proceedings under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;”.”
49F: Schedule 4, page 77, line 26, at end insert—
“Courts and Legal Services Act 1990 (c. 41)
In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), after paragraph (f) insert—
“(fza) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;”.”
50: Schedule 4, page 77, line 38, at end insert—
“11A In section 222 of that Act (transfer of fine orders), in subsection (8), for “section 31 of the Powers of Criminal Courts Act 1973” substitute “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000”.”
50A: Schedule 4, page 77, line 38, at end insert—
“Family Law Act 1996 (c. 27)
In section 63 of the Family Law Act 1996 (interpretation of Part 4), in subsection (2), after paragraph (i) insert—
“(ia) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003, other than paragraph 3 of that Schedule;”.”
51: Schedule 4, page 79, line 6, at end insert—
“(1) Section 22 of that Act (order made: reconsideration of available amount) is amended as follows.
(2) In subsection (5), after paragraph (c) insert—
“(d) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge).”
(3) In subsection (6), after “(5)(c)” insert “or (d).””
52: Schedule 4, page 81, line 21, at end insert—
“( ) Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.
“( ) In subsection (4), after paragraph (c) insert—
“(d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;
(e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”
“( ) In subsection (5)—
( ) for “the court must not” substitute “the court—
(a) must not”;
( ) at the end insert—
“(b) must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4).””
53: Schedule 4, page 81, line 23, at end insert—
“( ) Section 121 of that Act (application, recall and variation) is amended as follows.
“( ) In subsection (5), for “(9)” substitute “(10)”.
“( ) For subsection (9) substitute—
“(9) In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—
(a) the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;
(b) otherwise, the court must recall the order on the conclusion of the proceedings.
(10) In the case of a restraint order, if the condition in section 119 which was satisfied was that an application was to be made—
(a) the court must discharge the order if within a reasonable time the application is not made;
(b) otherwise, the court must recall the order on the conclusion of the application.””
54: Schedule 4, page 81, line 43, at end insert—
“( ) in subsection (3), after “Criminal Justice” insert “(Children)”.”