Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
130

Power to make further provision
10    (1)
The Lord Chancellor may by regulations make consequential,
supplementary, incidental or transitional provision in connection with
transfers effected by or under this Schedule.
      (2)
The regulations may, in particular, include—
5
(a)
provision modifying an enactment (whenever passed or made),
including this Schedule, and
(b)
transitory or saving provision.
Interpretation
11
In this Schedule—
10
“the LSC” means the Legal Services Commission;
“the transfer day” means the day on which section 1 comes into force;
“enactment” means an enactment contained in an Act or an instrument
made under an Act (and “Act” includes an Act or Measure of the
National Assembly for Wales).
15
Schedule 5
Section 37

Consequential amendments
Part 1
Amendments
Public Records Act 1958
20
1
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 1 of the Table at the end of paragraph 3, in the second column omit
“Legal Services Commission.”
Parliamentary Commissioner Act 1967
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
25
subject to investigation) omit “Legal Services Commission.”
Criminal Appeal Act 1968
3
In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in
subsection (3) for “under section 17 of the Access to Justice Act 1999”
substitute “relating to a requirement to make a payment under regulations
30
under section 22 or 23 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.
Attachment of Earnings Act 1971
4
In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which
magistrates’ court may make attachment of earnings order) for the words
35
from “paid by” to the end substitute “paid under regulations under section

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
131

22 or 23 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.
Solicitors Act 1974
5
The Solicitors Act 1974 is amended as follows.
      (1)
Section 47 (jurisdiction and powers of Tribunal) is amended as follows.
5
      (2)
In subsections (2)(d), (2B) and (2D) for “providing representation funded by
the Legal Services Commission as part of the Criminal Defence Service”
substitute “criminal legal aid work”.
      (3)
In subsection (2A)—
(a)
for “providing representation” substitute “criminal legal aid work”,
10
and
(b)
for “funded by the Legal Services Commission as part of the
Community Legal Service or Criminal Defence Service” substitute
“provided under arrangements made for the purposes of Part 1 of
the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.
15
      (4)
After subsection (3B) insert—
“(3C)
In this section “criminal legal aid work” means the provision under
arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 of—
(a)
advice or assistance described in section 12 or 14 of that Act,
20
or
(b)
representation for the purposes of criminal proceedings.”
6
In section 49(3) (appeals from Tribunal) for “providing representation
funded by the Legal Services Commission as part of the Criminal Defence
Service” substitute “criminal legal aid work (as defined in that section)”.
25
House of Commons Disqualification Act 1975
7
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit “The Legal Services
Commission.”
Northern Ireland Assembly Disqualification Act 1975
30
8
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit “The Legal
Services Commission.”
Race Relations Act 1976
9
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other
35
persons subject to general statutory duty) omit “The Legal Services
Commission.”
Magistrates’ Courts Act 1980
10
The Magistrates’ Courts Act 1980 is amended as follows.
11
In section 8(4) (matters which may be contained in report of committal
40

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
132

proceedings without an order) for paragraph (i) substitute—
“(i)
whether, for the purposes of the proceedings, representation
was provided to the accused or any of the accused under Part
1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2011.”
5
12
In section 8A(5) (power to make ruling at pre-trial hearing)—
(a)
in paragraph (a) for the words from “to be granted” to “Criminal
Defence Service” substitute “to be provided with representation for
the purposes of the proceedings under Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”, and
10
(b)
in paragraph (b) for “the Legal Services Commission must decide
whether or not to grant him that right” substitute “the necessary
arrangements must be made for him to apply for it and, where
appropriate, obtain it.”
13
In section 8C(7) (matters to which reporting restrictions do not apply), for
15
paragraph (g) substitute—
“(g)
whether, for the purposes of the proceedings, representation
was provided to the accused or any of the accused under Part
1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2011.”
20
14
In section 92(1)(b) (exception to restriction on power to impose
imprisonment for default) for the words from “under section 17(2)” to
“criminal case” substitute “made by a court under regulations under section
22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2011
(payment by individual in respect of legal aid)”.
25
15
In section 130(3) (powers of alternate court on transfer of remand hearing)
for the words from “all the powers” to end substitute “all of the following
powers which that court would have had but for the order—
(a)
powers in relation to further remand (whether in custody or
on bail), and
30
(b)
powers under Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011.”
16
In section 145A(4) (rules about costs orders against legal representatives) for
“the Legal Services Commission” substitute “the Lord Chancellor under
arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing
35
and Punishment of Offenders Act 2011”.
Senior Courts Act 1981 (c. 54)
17
The Senior Courts Act 1981 is amended as follows.
18
In section 28(4) (appeals from Crown Court and inferior courts) for “an order
under section 17 of the Access to Justice Act 1999” substitute “a requirement
40
to make a payment under regulations under section 22 or 23 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2011”.
19
In section 29(6) (mandatory, prohibiting and quashing orders) for “relating
to orders under section 17 of the Access to Justice Act 1999” substitute
“requirements to make payments under regulations under section 22 or 23
45
of the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
133

Prosecution of Offences Act 1985
20
Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is
amended as follows.
21
In section 19(2)(b) (matters of which account to be taken when making order
as to costs) for “any grant of a right to representation funded by the Legal
5
Services Commission as part of the Criminal Defence Service” substitute “of
whether, for the purposes of the proceedings, representation has been
provided under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.
22
In section 20(2) (regulations) for “by the Legal Services Commission or out
10
of central funds” substitute “by the Lord Chancellor under arrangements
made for the purposes of Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011 or out of central funds in accordance with
a costs order”.
23    (1)
Section 21 (interpretation) is amended as follows.
15
      (2)
In subsection (1), in the definition of “legally assisted person” for the words
from “to whom” to the end of the definition substitute “for whom advice,
assistance or representation is provided under arrangements made for the
purposes of Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.
20
      (3)
In subsection (4A)(a) for the words from “not” to the end substitute “not to
include the cost of advice, assistance or representation provided for the
person under arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.
      (4)
In subsection (4A)(b) for the words from “the cost” to the end substitute “the
25
cost of such advice, assistance or representation”.
Child Abduction and Custody Act 1985
24
In section 11 of the Child Abduction and Custody Act 1985 (cost of
applications for child custody or access), for paragraph (a) (but not the “or”
following it) substitute—
30
“(a)
the provision of any civil legal services (within the meaning
of Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011) under arrangements made for the
purposes of that Part of that Act,”.
Administration of Justice Act 1985
35
25
Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as
follows.
26
In section 40(1) (legal aid complaints) for the words from “funded by” to
“Criminal Defence Service” substitute “under arrangements made for the
purposes of Part 1 of the Legal Aid, Sentencing and Punishment of
40
Offenders Act 2011”.
27
In section 41(2) (reduction of fees payable where legal aid complaint
made)—
(a)
for “Legal Services Commission” substitute “Lord Chancellor”, and

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
134

(b)
for “as part of the Community Legal Service or Criminal Defence
Service” substitute “under arrangements made for the purposes of
Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.
28    (1)
Section 42 (exclusion of barristers from legal aid work) is amended as
5
follows.
      (2)
In subsections (1) and (3), for “providing representation funded by the Legal
Services Commission as part of the Criminal Defence Service” substitute
“criminal legal aid work”.
      (3)
At the end insert—
10
“(5)
In this section “criminal legal aid work” means the provision under
arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 of—
(a)
advice or assistance described in section 12 or 14 of that Act,
or
15
(b)
representation for the purposes of criminal proceedings.”
29
In section 43(3) (reduction of costs payable where legal aid complaint
made)—
(a)
for “Legal Services Commission” substitute “Lord Chancellor”, and
(b)
for “as part of the Community Legal Service or Criminal Defence
20
Service” substitute “under arrangements made for the purposes of
Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.
30
In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid
complaints) for “providing representation funded by the Legal Services
25
Commission as part of the Criminal Defence Service” substitute “criminal
legal aid work (as defined in that section)”.
Housing Act 1985
31
In section 170(5) of the Housing Act 1985 (charges to recover costs of
assistance in legal proceedings)—
30
(a)
for “section 10(7) of the Access to Justice Act 1999” substitute “section
24 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”, and
(b)
for “Legal Services Commission” substitute “Lord Chancellor”.
Criminal Justice Act 1987
35
32
The Criminal Justice Act 1987 is amended as follows.
33
In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of
Schedule 3 to the Access to Justice Act 1999” substitute “regulations under
section 18 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.
40
34
In section 11(12) (matters to which reporting restrictions do not apply) for
paragraph (h) substitute—
“(h)
whether, for the purposes of the proceedings, representation
was provided to the accused or any of the accused under Part

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
135

1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2011.”
Housing Act 1988
35
In section 82(4) of the Housing Act 1988 (charges to recover costs of
assistance in legal proceedings)—
5
(a)
for “section 10(7) of the Access to Justice Act 1999” substitute “section
24 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”, and
(b)
for “Legal Services Commission” substitute “Lord Chancellor”.
Children Act 1989
10
36
In section 25(6) of the Children Act 1989 (child without legal representation
not to be placed in secure accommodation without having been informed of
right to apply for legal aid), for the words from “representation” to
“Criminal Defence Service” substitute “the provision of representation
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
15
2011”.
Courts and Legal Services Act 1990
37    (1)
Section 31B of the Courts and Legal Services Act 1990 (advocates and
litigators employed by Legal Services Commission) is amended as follows.
      (2)
In the heading of the section for “Legal Services Commission” substitute
20
“Lord Chancellor”.
      (3)
In subsection (1) for paragraph (b) substitute—
“(b)
is employed by the Lord Chancellor, or by any body
established and maintained by the Lord Chancellor, under
arrangements made for the purposes of Part 1 of the Legal
25
Aid, Sentencing and Punishment of Offenders Act 2011.”
Criminal Justice Act 1991
38
In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring
certain cases involving children) for “paragraph 2 of Schedule 3 to the Access
to Justice Act 1999” substitute “regulations under section 18 of the Legal Aid,
30
Sentencing and Punishment of Offenders Act 2011”.
Social Security Administration Act 1992
39    (1)
Section 108(7) of the Social Security Administration Act 1992 is amended as
follows.
      (2)
For “the Legal Services Commission”, in the first place, substitute “the Lord
35
Chancellor”.
      (3)
In paragraph (a)—
(a)
at the end of sub-paragraph (iii) for “and” substitute “or”, and
(b)
after that sub-paragraph insert—
“(iv)
was provided with civil legal services (within
40
the meaning of Part 1 of the Legal Aid,

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Consequential amendments
Part 1 — Amendments
136

Sentencing and Punishment of Offenders Act
2001) under arrangements made for the
purposes of that Part of that Act; and”.
      (4)
In paragraph (b)—
(a)
after sub-paragraph (iii) insert—“or
5
(iv)
under regulations under section 22 or 23 of the
Legal Aid, Sentencing and Punishment of
Offenders Act 2011 in respect of civil legal
services (within the meaning of Part 1 of that
Act) provided under arrangements made for
10
the purposes of that Part of that Act,”.
Criminal Procedure and Investigations Act 1996
40
In section 37(9) of the Criminal Procedure and Investigations Act 1996
(matters to which reporting restrictions do not apply), for paragraph (g)
substitute—
15
“(g)
whether, for the purposes of the proceedings,
representation was provided to the accused or any of the
accused under Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011.”
Family Law Act 1996
20
41
The Family Law Act 1996 is amended as follows.
42    (1)
Section 8 (attendance at information meetings) is amended as follows.
      (2)
In subsection (9)(h) for “services funded by the Legal Services Commission
as part of the Community Legal Service” substitute “civil legal services
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
25
2011”.
      (3)
In subsection (12) for “funded for him by the Legal Services Commission as
part of the Community Legal Service” substitute “provided for the person
under arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.
30
      (4)
In subsection (13), after “section” insert—
““civil legal services” has the meaning given in Part 1 of the
Legal Aid, Sentencing and Punishment of Offenders Act
2011;”.
43    (1)
Section 23 (provision of marriage counselling) is amended as follows.
35
      (2)
In subsection (3) for “funded for them by the Legal Services Commission as
part of the Community Legal Service” substitute “provided for them under
arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2011”.
      (3)
Omit subsection (8) (powers of Legal Services Commission).
40
Crime and Disorder Act 1998
44
The Crime and Disorder Act 1998 is amended as follows.