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OpenCourts and Tribunals (Online Procedure) Bill [HL]

OverviewTimeline39Debates6Amendments47

Proposed amendments

47 amendments across 8 provisions

Clause 1 14

Amendment #51797#51797Not movedAmends text
Amendment text
at end insert—
Rules must ensure that judicial discretion over deciding whether a full court hearing is necessary in an individual case is retained.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #51798#51798WithdrawnAmends text
Amendment text
at end insert—
Civil Procedure Rules, Family Procedure Rules, Tribunal Procedure Rules, employment tribunal procedure regulations and EAT procedure rules must determine for the relevant jurisdiction which proceedings can be governed by the Online Procedure Rules Committee.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #51799#51799WithdrawnAmends text
Amendment text
leave out “or require”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #51804#51804WithdrawnAmends text
Amendment text
at end insert—
Online Procedure Rules must provide that a party or potential party to proceedings governed or to be governed by Online Procedure Rules is entitled to assistance, to be known as “Designated Assistance”, with the conduct or progress of such proceedings, to be made available in accordance with section (Designated Assistance).”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames
Amendment #51805#51805Not movedAmends text
Amendment text
at end insert—
that Online Procedure Rules shall not apply in any proceedings where both parties agree in writing that they shall not apply to those proceedings.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Beith
Amendment #51806#51806Not movedAmends text
Amendment text
at end insert—
that forms and other documents required by Online Procedure Rules may be filed by electronic means or on paper or a combination of both at the choice of the party filing them.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames
Amendment #51826#51826AgreedAmends text
Amendment text
at end insert—
The provision made under subsection (1)(a) must include provision for proceedings initiated at a court or tribunal by non-electronic means to be treated as initiated by electronic means, where the proceedings are processed by the court or tribunal by electronic means.”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #51827#51827AgreedAmends text
Amendment text
at end insert—
For the purposes of subsection (3)(a), regard must be had to the needs of those who require technical support in order to initiate, conduct, progress or participate in proceedings by electronic means.”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #51828#51828Not movedAmends text
Amendment text
At end insert “, and for any further documents in the proceedings to be submitted or received by a litigant in paper form if that litigant so elects.”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Beith
Amendment #51842#51842Not movedAmends text
Amendment text
Leave out “technical”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames
Amendment #51843#51843WithdrawnAmends text
Amendment text
After first “to” insert “providing for”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames
Amendment #51877#51877AgreedAmends text
Amendment text
leave out subsection (6) and insert—
Where Online Procedure Rules require a person to initiate, conduct, progress or participate in proceedings by electronic means, Online Procedure Rules must also provide that a person may instead choose to do so by non-electronic means.”
Stage
3rd reading
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #51878#51878AgreedAmends text
Amendment text
at end insert “, in accordance with Online Procedure Rules”
Stage
3rd reading
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #51879#51879AgreedAmends text
Amendment text
leave out “technical”
Stage
3rd reading
Type
EditBillBody
Clause
1
Lord Keen of Elie

Clause 2 4

Amendment #51777#51777Not movedAmends text
Amendment text
at end insert—
“Specified kinds” of proceedings for the purposes of section 1 exclude—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #51794#51794WithdrawnAmends text
Amendment text
at end insert—
Regulations may only be made under this section with the concurrence of the Lord Chief Justice.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Judge
Amendment #51796#51796Not movedAmends text
Amendment text
at end insert—
whether cases in the family jurisdiction are contested, or involve children or litigants in person.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Ponsonby of Shulbrede
Amendment #51825#51825AgreedAmends text
Amendment text
leave out “consultation” and insert “concurrence”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Keen of Elie

Clause 3 9

Amendment #51775#51775Not movedAmends text
Amendment text
at end insert—
In the event of a disagreement between the person initiating proceedings and the respondent, the court or tribunal in which the proceeding would normally be heard must decide the appropriate rules to be followed.”
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Beecham
Amendment #51776#51776Not movedAmends text
Amendment text
after second “proceedings,” insert “or the respondent,”
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Beecham
Amendment #51793#51793Not movedAmends text
Amendment text
at end insert—
Regulations may only be made under this section with the concurrence of the Lord Chief Justice.”
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Judge
Amendment #51803#51803Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Designated Assistance

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Lord Marks of Henley-on-Thames
Amendment #51807#51807Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Duty to protect members of the public from fraudulent websites

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Lord Mackay of Clashfern
Amendment #51824#51824AgreedAmends text
Amendment text
leave out “consultation” and insert “concurrence”
Stage
Report stage
Type
EditBillBody
Clause
3
Lord Keen of Elie
Amendment #51840#51840Not movedAmends text
Amendment text
leave out subsection (1) and insert—
The appropriate Minister may, by regulations and having regard to Article 6 of the European Convention on Human Rights, provide for circumstances in which any party initiating proceedings, or an aspect of proceedings, may (if the proceedings are of a specified kind) choose whether the proceedings or that aspect are to be initiated in accordance with Online Procedure Rules or the applicable standard rules.
Stage
Report stage
Type
EditBillBody
Clause
3
Lord Beecham
Amendment #51841#51841Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Duty to make support available for digitally excluded people

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Lord Marks of Henley-on-Thames
Amendment #51844#51844AgreedNew clause / schedule
Amendment text
Insert the following new Clause—
“Duty to make support available for digitally excluded people

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Lord Marks of Henley-on-Thames

Clause 4 10

Amendment #51774#51774Not movedAmends text
Amendment text
at end insert—
The Lord Chancellor must ensure that gender balance is reflected on the Online Procedure Rule Committee.”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51778#51778Not movedAmends text
Amendment text
leave out “two” and insert “three”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51781#51781Not movedAmends text
Amendment text
leave out “one” and insert “two”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51782#51782WithdrawnAmends text
Amendment text
leave out paragraph (c) and insert—
one of each of the following—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51822#51822AgreedAmends text
Amendment text
at end insert—
The Lord Chief Justice may appoint one of the persons appointed under subsection (2)(a) or (b) to be the chair of the Online Procedure Rule Committee.”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Keen of Elie
Amendment #51823#51823AgreedAmends text
Amendment text
leave out “one person who is either” and insert “two persons, each of whom is either”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Keen of Elie
Amendment #51836#51836Not movedAmends text
Amendment text
at end insert—
The Lord Chancellor must ensure that gender balance is reflected on the Online Procedure Rule Committee.”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51837#51837Not movedAmends text
Amendment text
at end insert—
one of whom must have experience representing the views of people who are digitally excluded.”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51838#51838DisagreedAmends text
Amendment text
leave out “two” and insert “three”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Beecham
Amendment #51839#51839Not movedAmends text
Amendment text
leave out paragraph (c) and insert—
one of each of the following—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
4
Lord Beecham

Clause 6 2

Amendment #51773#51773WithdrawnAmends text
Amendment text
leave out “negative” and insert “affirmative”
Stage
Committee stage
Type
EditBillBody
Clause
6
Lord Beecham
Amendment #51835#51835Not movedAmends text
Amendment text
leave out “negative” and insert “affirmative”
Stage
Report stage
Type
EditBillBody
Clause
6
Lord Beecham

Clause 7 5

Amendment #51795#51795Not movedAmends text
Amendment text
leave out “at least three” and insert “a majority of”
Stage
Committee stage
Type
EditBillBody
Clause
7
Lord Ponsonby of Shulbrede
Amendment #51820#51820AgreedAmends text
Amendment text
at end insert—
In deciding whether to allow or disallow rules, the appropriate Minister must have regard to the needs of those who require technical support in order to initiate, conduct, progress or participate in proceedings by electronic means.”
Stage
Report stage
Type
EditBillBody
Clause
7
Lord Keen of Elie
Amendment #51821#51821AgreedAmends text
Amendment text
leave out “at least three members of the Committee, and” and insert “—
at least half of the members of the Committee, where one of the signatories is the chair, or
Stage
Report stage
Type
EditBillBody
Clause
7
Lord Keen of Elie
Amendment #51834#51834Not movedAmends text
Amendment text
leave out from “to” to end and insert “affirmative resolution procedure.”
Stage
Report stage
Type
EditBillBody
Clause
7
Lord Beecham
Amendment #51876#51876AgreedAmends text
Amendment text
leave out “(6)” and insert “(7)”
Stage
3rd reading
Type
EditBillBody
Clause
7
Lord Keen of Elie

Clause 8 2

Amendment #51874#51874AgreedAmends text
Amendment text
at end insert “, in accordance with Online Procedure Rules”
Stage
3rd reading
Type
EditBillBody
Clause
8
Lord Keen of Elie
Amendment #51875#51875AgreedAmends text
Amendment text
leave out “technical”
Stage
3rd reading
Type
EditBillBody
Clause
8
Lord Keen of Elie

Clause 10 1

Amendment #51873#51873AgreedAmends text
Amendment text
leave out “(4)” and insert “(3)”
Stage
3rd reading
Type
EditBillBody
Clause
10
Lord Keen of Elie