|
| |
|
(2) | Sections 10 and 11(1) apply in relation to a determination under sub- |
| |
paragraph (1)(b) as they apply in relation to a determination under section |
| |
| |
(3) | Subsections (2) to (6) of section 11 apply in relation to a determination under |
| |
this paragraph as they apply in relation to a determination under section 9. |
| 5 |
(4) | In sections 10 and 11 as applied by this paragraph, references to an |
| |
individual include a legal person. |
| |
Advice and assistance for criminal proceedings |
| |
4 (1) | Regulations may provide that prescribed advice and assistance is to be |
| |
available under this Part to a legal person described in sub-paragraph (2) |
| 10 |
| |
(a) | prescribed conditions are met, |
| |
(b) | the Director has made an exceptional case determination in relation |
| |
to the person and the advice and assistance (and has not withdrawn |
| |
| 15 |
(c) | the Director has determined that the legal person qualifies for such |
| |
advice and assistance in accordance with the regulations (and has |
| |
not withdrawn that determination). |
| |
(2) | Those legal persons are— |
| |
(a) | legal persons who are involved in investigations which may lead to |
| 20 |
criminal proceedings, and |
| |
(b) | legal persons who are before a court or other body in criminal |
| |
| |
(3) | Subsections (3) to (9) of section 14 apply in relation to regulations under this |
| |
paragraph (and decisions made under such regulations) as they apply in |
| 25 |
relation to regulations under that section (and decisions made under such |
| |
| |
(4) | In those subsections as applied by this paragraph, references to an |
| |
individual include a legal person. |
| |
(5) | In this paragraph “assistance” includes, in particular, assistance in the form |
| 30 |
| |
Representation for criminal proceedings |
| |
5 (1) | Representation for the purposes of criminal proceedings is to be available |
| |
under this Part to a legal person if— |
| |
(a) | the person is a specified legal person in relation to the proceedings, |
| 35 |
| |
(b) | the proceedings involve the person resisting an appeal to the Crown |
| |
Court otherwise than in an official capacity, |
| |
| and the conditions in sub-paragraph (2) are met. |
| |
(2) | Those conditions are that the Director— |
| 40 |
(a) | has made an exceptional case determination in relation to the legal |
| |
person and representation for the purposes of the proceedings, and |
| |
(b) | has determined that the legal person qualifies for such |
| |
representation in accordance with this Part, |
| |
| (and has not withdrawn either determination). |
| 45 |
|
| |
|
| |
|
(3) | Where a legal person qualifies under this Part for representation for the |
| |
purposes of criminal proceedings, representation is also to be available to |
| |
the legal person for the purposes of any preliminary or incidental |
| |
| |
(4) | Regulations under section 15(4) and (5) apply for the purposes of sub- |
| 5 |
paragraph (3) as they apply for the purposes of section 15(3), except to the |
| |
extent that the regulations provide otherwise. |
| |
(5) | Section 16(1)(b) applies in relation to an exceptional case determination |
| |
under sub-paragraph (2)(a) as it applies in relation to a determination under |
| |
| 10 |
(6) | Paragraphs (a) and (b) of section 16(1) apply in relation to a determination |
| |
under sub-paragraph (2)(b) as they apply in relation to a determination |
| |
| |
(7) | Subsections (2) to (7) of section 17 apply in relation to a determination under |
| |
sub-paragraph (2) (and a decision in relation to the interests of justice for the |
| 15 |
purposes of such a determination) as they apply in relation to a |
| |
determination under section 15 (and a decision for the purposes of such a |
| |
| |
(8) | Regulations may provide that the Director may make a provisional |
| |
determination that a legal person qualifies under this Part for representation |
| 20 |
for the purposes of criminal proceedings where— |
| |
(a) | the legal person is involved in an investigation which may result in |
| |
| |
(b) | the determination is made for the purposes of criminal proceedings |
| |
that may result from the investigation, and |
| 25 |
(c) | any prescribed conditions are met. |
| |
(9) | Subsections (2) to (4) of section 19 apply in relation to regulations under sub- |
| |
paragraph (8) (and determinations and decisions made under such |
| |
regulations) as they apply in relation to regulations under that section (and |
| |
determinations and decisions made under such regulations). |
| 30 |
(10) | Paragraphs (a) and (b) of section 16(1) apply in relation to a provisional |
| |
determination under regulations under sub-paragraph (8) as they apply in |
| |
relation to a provisional determination under regulations under section 19. |
| |
(11) | In sections 16, 17 and 19 as applied by this paragraph— |
| |
(a) | references to an individual include a legal person, |
| 35 |
(b) | references to the relevant authority have effect as if they were |
| |
references to the Director, and |
| |
(c) | the reference in section 19(2)(d) to a determination by the Director or |
| |
a court under section 15 has effect as if it were a reference to a |
| |
determination by the Director under regulations under sub- |
| 40 |
| |
(12) | Regulations may prescribe circumstances in which making representation |
| |
available to a legal person for the purposes of criminal proceedings is to be |
| |
taken to be in the interests of justice for the purposes of a determination |
| |
| 45 |
|
| |
|
| |
|
(13) | In this paragraph “specified legal person”, in relation to criminal |
| |
proceedings, means a description of legal person specified in regulations in |
| |
relation to those proceedings. |
| |
| |
6 | Section 20 applies for the purposes of a determination under paragraph |
| 5 |
3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(8), as if the |
| |
references to an individual included a legal person. |
| |
| |
7 | In sections 22, 23, 24 and 25 and Schedule 2, references to an individual |
| |
include a legal person for whom services are made available under this Part |
| 10 |
in accordance with this Schedule or regulations under this Schedule. |
| |
Providers of services etc |
| |
8 (1) | Section 26 applies in relation to the provision of services to a legal person in |
| |
accordance with this Schedule or regulations under this Schedule as it |
| |
applies in relation to the provision of services to an individual under this |
| 15 |
| |
(2) | In that section as applied by this paragraph— |
| |
(a) | references to an individual include a legal person, |
| |
(b) | the reference to a determination under section 15 includes a |
| |
determination under paragraph 5(2)(b) of this Schedule, and |
| 20 |
(c) | the reference to regulations under section 14 includes regulations |
| |
under paragraph 4 of this Schedule. |
| |
(3) | In sections 27, 28 and 29, references to an individual include a legal person |
| |
for whom services are made available under this Part in accordance with this |
| |
Schedule or regulations under this Schedule. |
| 25 |
| |
9 (1) | In sections 33, 34 and 38(2), references to an individual include a legal person |
| |
for whom services are made available under this Part in accordance with this |
| |
Schedule or regulations under this Schedule or who is seeking the provision |
| |
| 30 |
|
| |
|
| |
|
| |
| |
Transfer of employees and property etc of Legal Services Commission |
| |
| |
Transfer of employees etc |
| |
| 5 |
1 (1) | An individual who is an employee of the Legal Services Commission (“the |
| |
LSC”) immediately before the transfer day becomes employed in the civil |
| |
service of the State on that day. |
| |
(2) | The terms and conditions of the individual’s contract of employment |
| |
immediately before the transfer day have effect, on and after that day, as if |
| 10 |
they were terms and conditions of the individual’s employment in the civil |
| |
service of the State, subject to paragraph 4(1) and (2). |
| |
(3) | All of the rights, powers, duties and liabilities of the LSC in connection with |
| |
the individual’s employment are transferred to the Crown on the transfer |
| |
day, subject to paragraph 4(1) and (2). |
| 15 |
(4) | Anything done (or having effect as if done) before the transfer day— |
| |
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| |
virtue of sub-paragraphs (1) to (3), |
| |
| is to have effect, so far as necessary for continuing its effect on and after that |
| 20 |
day, as if done by or in relation to the Crown. |
| |
(5) | Anything which is in the process of being done immediately before the |
| |
| |
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| 25 |
virtue of sub-paragraphs (1) to (3), |
| |
| may be continued by or in relation to the Crown. |
| |
(6) | A reference to the LSC in a document, including an enactment, constituting |
| |
or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to |
| |
have effect, so far as is necessary for giving effect to those sub-paragraphs, |
| 30 |
as a reference to the Crown. |
| |
| |
2 | A transfer under paragraph 1 does not break the continuity of the |
| |
individual’s employment and accordingly— |
| |
(a) | the individual is not to be regarded for the purposes of Part 11 of the |
| 35 |
Employment Rights Act 1996 (redundancy) as having been |
| |
dismissed by reason of that transfer, and |
| |
(b) | the individual’s period of employment with the LSC counts as a |
| |
period of employment in the civil service of the State for the |
| |
| 40 |
|
| |
|
| |
|
Right to object to transfer |
| |
3 (1) | This paragraph has effect where, before the transfer day, an individual who |
| |
is an employee of the LSC informs the LSC or the Lord Chancellor that the |
| |
individual objects to becoming employed in the civil service of the State by |
| |
virtue of paragraph 1(1). |
| 5 |
(2) | Where this paragraph has effect— |
| |
(a) | the individual does not become employed in the civil service of the |
| |
State by virtue of paragraph 1(1), |
| |
(b) | the rights, powers, duties and liabilities under the individual’s |
| |
contract of employment do not transfer by virtue of paragraph 1(3), |
| 10 |
(c) | the individual’s contract of employment terminates immediately |
| |
before the transfer day, and |
| |
(d) | the individual is not to be treated, for any purpose, as having been |
| |
dismissed by the LSC by reason of the termination of the contract |
| |
| 15 |
Pension schemes and compensation schemes |
| |
4 (1) | On and after the transfer day, the terms and conditions of employment of an |
| |
individual who is employed in the civil service of the State by virtue of |
| |
paragraph 1(1) do not include any term or condition that was part of the |
| |
individual’s contract of employment immediately before the transfer day |
| 20 |
| |
(a) | an occupational pension scheme, |
| |
(b) | a compensation scheme, or |
| |
(c) | rights, powers, duties, liabilities under or in connection with such a |
| |
| 25 |
(2) | Accordingly, paragraph 1(3) does not apply in relation to rights, powers, |
| |
duties or liabilities under or in connection with an occupational pension |
| |
scheme or a compensation scheme. |
| |
(3) | The Lord Chancellor may make one or more schemes providing for the |
| |
transfer to the Lord Chancellor or the Secretary of State of the LSC’s rights, |
| 30 |
powers, duties and liabilities under or in connection with— |
| |
(a) | an occupational pension scheme, or |
| |
(b) | a compensation scheme, |
| |
| whether the rights, powers, duties and liabilities arise under the pension |
| |
scheme or compensation scheme, under an enactment, under a contract of |
| 35 |
| |
(4) | A transfer scheme may provide that anything done (or having effect as if |
| |
done) before the day on which the transfer scheme takes effect— |
| |
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| 40 |
virtue of the transfer scheme, |
| |
| is to have effect, so far as is necessary for continuing its effect on and after |
| |
that day, as if done by or in relation to the transferee. |
| |
(5) | A transfer scheme may provide that anything which is in the process of |
| |
being done immediately before the day on which the transfer scheme takes |
| 45 |
| |
|
| |
|
| |
|
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| |
virtue of the transfer scheme, |
| |
| may be continued by or in relation to the transferee. |
| |
(6) | A transfer scheme may provide that a reference to the LSC in a document, |
| 5 |
including an enactment, constituting or relating to anything transferred by |
| |
virtue of the scheme is to have effect, so far as is necessary for giving effect |
| |
to that scheme, as a reference to the transferee. |
| |
| |
“compensation scheme” means so much of any scheme as makes |
| 10 |
provision for payment by way of compensation on or in respect of |
| |
termination of employment; |
| |
“occupational pension scheme” has the same meaning as in the Pension |
| |
| |
“transfer scheme” means a scheme made under sub-paragraph (3). |
| 15 |
| |
| |
Transfer of interests in land |
| |
5 (1) | The LSC’s interests in land are by virtue of this sub-paragraph transferred to |
| |
the Secretary of State for Communities and Local Government on the |
| 20 |
| |
(2) | Anything done (or having effect as if done) before the transfer day— |
| |
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| |
virtue of sub-paragraph (1), |
| 25 |
| is to have effect, so far as is necessary for continuing its effect on and after |
| |
that day, as if done by or in relation to the Secretary of State for Communities |
| |
| |
(3) | Anything which is in the process of being done immediately before the |
| |
| 30 |
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| |
virtue of sub-paragraph (1), |
| |
| may be continued by or in relation to the Secretary of State for Communities |
| |
| 35 |
(4) | A reference to the LSC in a document, including an enactment, constituting |
| |
or relating to anything transferred by virtue of sub-paragraph (1) is to have |
| |
effect, so far as is necessary for giving effect to that sub-paragraph, as a |
| |
reference to the Secretary of State for Communities and Local Government. |
| |
| 40 |
“interest in land” means— |
| |
(a) | an estate or interest in land, and |
| |
(b) | any rights, powers, duties or liabilities of the LSC in |
| |
connection with such an estate or interest, |
| |
but does not include a charge on an estate or interest in land; |
| 45 |
|
| |
|
| |
|
“land” includes buildings and other structures. |
| |
Transfer of other property, rights and liabilities |
| |
6 (1) | The property, rights, powers, duties and liabilities of the LSC are by virtue |
| |
of this sub-paragraph transferred to the Lord Chancellor on the transfer day. |
| |
(2) | Sub-paragraph (1) does not apply to— |
| 5 |
(a) | property, rights, powers, duties and liabilities transferred by virtue |
| |
| |
(b) | rights, powers, duties and liabilities described in paragraph 4(3). |
| |
(3) | Anything done (or having effect as if done) before the transfer day— |
| |
(a) | by or in relation to the LSC, and |
| 10 |
(b) | for the purposes of, or in connection with, anything transferred by |
| |
virtue of sub-paragraph (1), |
| |
| is to have effect, so far as is necessary for continuing its effect on and after |
| |
that day, as if done by or in relation to the Lord Chancellor. |
| |
(4) | Anything which is in the process of being done immediately before the |
| 15 |
| |
(a) | by or in relation to the LSC, and |
| |
(b) | for the purposes of, or in connection with, anything transferred by |
| |
virtue of sub-paragraph (1), |
| |
| may be continued by or in relation to the Lord Chancellor. |
| 20 |
(5) | A reference to the LSC in a document, including an enactment, constituting |
| |
or relating to anything transferred by virtue of sub-paragraph (1) is to have |
| |
effect, so far as is necessary for giving effect to that sub-paragraph, as a |
| |
reference to the Lord Chancellor. |
| |
| 25 |
| |
Disapplying restrictions on transfer |
| |
7 | Paragraphs 1, 5 and 6 and schemes under paragraph 4 have effect in relation |
| |
to property, rights, powers, duties and liabilities in spite of any provision (of |
| |
any nature) which would otherwise prevent or restrict their transfer. |
| 30 |
| |
8 | A certificate issued by the Lord Chancellor stating that anything specified in |
| |
the certificate has vested in a person specified in the certificate by virtue of |
| |
any of paragraphs 1, 5 and 6 or a scheme under paragraph 4 is conclusive |
| |
evidence of that fact for all purposes. |
| 35 |
| |
9 | The transfer of property, rights, powers, duties or liabilities by any of |
| |
paragraphs 1, 5 and 6 or a scheme under paragraph 4 does not affect the |
| |
validity of anything done by or in relation to the LSC before that paragraph |
| |
| 40 |
|
| |
|