House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

61

House of Commons

Notices of Amendments

given on

Thursday 1 September 2011

For other Amendment(s) see the following page(s):

Legal Aid, Sentencing and Punishment of Offenders Bill Committee 31-53 and 55-59

Public Bill Committee

Legal Aid, Sentencing and Punishment of

Offenders Bill

Mr Andy Slaughter

168

Schedule  1,  page  96,  line  21,  leave out ‘other than’ and insert ‘including’.

Mr Andy Slaughter

169

Schedule  1,  page  115,  line  13,  at end add—

‘40
Paragraphs 1, 2 and 3 of Part 2 to this Schedule will not apply where—

      (1)
The personal injury or death occurred as a result of alleged negligence during

the course of medical treatment (whether provided by the National Health

Service or through a private arrangement between an individual and healthcare

provider).

      (2)
The personal injury or death occurred while the individual was in the care of

the state or an emanation of the state, whether forcibly or voluntarily (see

below).

      (3)
The injury or death was caused negligently by a servant or agent of the

healthcare provider or other emanation of the state.

      (4)
The individual claims for assault, battery or false imprisonment against a

healthcare provider or emanation of the state.

      (5)
In this paragraph “National Health Service” shall include all state funded

healthcare provision, NHS hospital trusts, NHS foundation trusts, mental

health trusts, independent treatment centres, general practitioners, primary

care trusts, strategic health authorities and all their successors in title.

      (6)
In this paragraph “Health Care Provider” shall include private hospitals and

clinics and individual healthcare professionals, including doctors, nurses and

midwives where a patient has contracted on a private basis.

      (7)
In this paragraph “The State or emanation of the State” shall include the Police,

Prison Service or Social Services.

Notices of Amendments: 1 September 2011
62

Legal Aid, Sentencing and Punishment of , continued

      (8)
In this paragraph “alleged negligence” is a concept as per the common law

including case law definition of negligence as pertaining at the time of the

alleged negligence or proposed claim.’.

Mr Jonathan Djanogly

170

Schedule  1,  page  110,  line  16,  leave out ‘exception in sub-paragraph (5)’ and insert

‘exceptions in sub-paragraphs (5) and (5A)’.

Mr Jonathan Djanogly

171

Schedule  1,  page  110,  line  20,  at end insert—

  ‘(5A)
The services described in sub-paragraph (1) include services described in any

of paragraphs 3 to 6 or 8 of Part 2 of this Schedule to the extent that they are—

(a)
services provided to an individual in relation to a counterclaim in

proceedings for a court order for sale or possession of the individual’s

home, or

(b)
services provided to an individual in relation to the unlawful eviction

from the individual’s home of the individual or others.’.

Mr Jonathan Djanogly

172

Schedule  1,  page  111,  line  31,  leave out ‘paragraph 6’ and insert ‘paragraphs 6 and

8’.

Mr Jonathan Djanogly

173

Schedule  5,  page  130,  line  32,  at end insert—

‘Children and Young Persons Act 1969 (c. 54)

3A  (1)
Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on

imposing security requirement on child or young person who is not legally

represented) is amended as follows.

      (2)
In paragraph (a)—

(a)
for the words from the beginning to “but the right” substitute

“representation was provided to the child or young person under Part

1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2011

for the purposes of the proceedings but”, and

(b)
for “to be granted such a right” substitute “for such representation”.

      (3)
In paragraph (aa) for “to be granted a right to it” substitute “for such

representation”.

3B  (1)
In section 23 of that Act as it has effect pursuant to section 98 of the Crime and

Disorder Act 1998 (restrictions on remand of boy who is not legally

represented), subsection (4A) is amended as follows.

      (2)
In paragraph (a)—

(a)
for the words from the beginning to “but the right” substitute

“representation was provided to the person under Part 1 of the Legal

Aid, Sentencing and Punishment of Offenders Act 2011 for the

purposes of the proceedings but”, and

(b)
for “to be granted such a right” substitute “for such representation”.

      (3)
In paragraph (aa) for “to be granted a right to it” substitute “for such

representation”.’.

Notices of Amendments: 1 September 2011
63

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

174

Schedule  5,  page  131,  leave out lines 34 to 37.

Mr Jonathan Djanogly

175

Schedule  5,  page  132,  line  43,  leave out ‘relating to’.

Mr Jonathan Djanogly

176

Schedule  5,  page  133,  line  21,  leave out ‘the end’ and insert ‘“Service”’.

Mr Jonathan Djanogly

177

Schedule  5,  page  134,  line  1,  after ‘for’, insert ‘by him’.

Mr Jonathan Djanogly

178

Schedule  5,  page  134,  line  2,  after ‘substitute’, insert ‘by the barrister’.

Mr Jonathan Djanogly

179

Schedule  5,  page  138,  line  3,  after ‘for’, insert ‘under’.

Mr Jonathan Djanogly

180

Schedule  5,  page  138,  line  20,  leave out ‘Section 33’ and insert ‘Sections 33(2) and

34’.

Mr Jonathan Djanogly

181

Schedule  5,  page  140,  line  5,  at end insert—

‘Equality Act 2010 (c. 15)

68
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit

“The Legal Services Commission.”

Terrorist Asset-Freezing etc Act 2010 (c. 38)

69
In section 23(1)(d) (general power to disclose information) omit “the Legal

Services Commission,”.’.

Mr Jonathan Djanogly

182

Schedule  5,  page  140,  line  10,  in column 2, at end insert—

‘( )
paragraph 1;’.

Notices of Amendments: 1 September 2011
64

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

183

Schedule  5,  page  140,  line  12,  in column 2, leave out ‘and 11’ and insert ‘to 12’.

Mr Jonathan Djanogly

184

Schedule  5,  page  140,  line  13,  in column 2, leave out ‘16’ and insert ‘15’.

Mr Jonathan Djanogly

185

Schedule  5,  page  140,  line  17,  in column 2, at end insert—

‘( )
paragraph 45;’.

Mr Jonathan Djanogly

186

Schedule  5,  page  140,  line  42,  in column 2, at beginning insert ‘In Schedule 16,

paragraphs 51(4) and 108(c).’.

Mr Jonathan Djanogly

187

Schedule  5,  page  141,  line  9,  in column 2, leave out ‘paragraph’ and insert

‘paragraphs 65 and’.

Mr Jonathan Djanogly

188

Clause  42,  page  30,  line  27,  at end insert—

‘( )
In section 120(4) of that Act (regulations and orders subject to parliamentary

approval) for “58AA” substitute “58AA(4)”.’.

Mr Jonathan Djanogly

189

Clause  42,  page  30,  line  28,  leave out ‘this section’ and insert ‘subsections (1) to

(11)’.

Mr Andy Slaughter

190

Schedule  1,  page  105,  line  33,  at end insert—

‘Legal services orders in family matters

70
Civil legal services provided in relation to—

(a)
orders under section 22ZA of the Matrimonial Causes Act 1973;

(b)
[orders under section 24A of the Matrimonial Causes Act 1973 to give

effect to an order under section 22ZA of that Act];

(c)
orders under paragraph 38A of Schedule 5 to the Civil Partnership Act

2004;

(d)
[orders under paragraph 10(1)(a) of Schedule 5 to the Civil

Partnership Act 2004 to give effect to an order under paragraph 38A

of that Schedule].’.

Notices of Amendments: 1 September 2011
65

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

191

Schedule  1,  page  102,  line  8,  at end insert—

‘( )
Civil legal services provided in relation to a family dispute where the LSC

competent mediator—

(a)
is satisfied that mediation is not suitable based on consideration of the

individuals, dispute and all the circumstances of the case (including

previous instances of domestic violence or abuse and other power

imbalances);

(b)
certifies that both individuals attended mediation and the mediation

failed;

(c)
certifies that the other party did not attend the mediation so the mediation

failed.’.

Kate Green

192

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
Aftger subsection (7) of that section insert—

“(8)
The Lord Chancellor may by order prescribe that section 58(4A) and

(4B) and subsection (6) above shall not apply to any conditional fee

agreement where all of the following conditions are met—

(a)
the proceedings include a claim by an individual or group of

individuals for damages in tort/delict or breach of contract;

(b)
the damage is alleged to have occurred in a developing country;

(c)
a judge of the High Court has certified (whether before or after

the commencement of court proccedings), that—

(i)
the proposed litigation raises issues which ought, in the

interests of justice, to be considered by a court in

England or Wales;

(ii)
the resources of the proposed claimant or claimants are

significantly less than those of the proposed defendant or

defendants; and

(iii)
absent the provisions of this subsection there would be a

significant risk that the proposed claimant or claimants

would be unable to secure effective legal representation

in England or Wales.

(9)
In subsection (8) ‘developing country’ means a country whose per capita

gross national income was less than 50 per cent. of the per capita gross

national income of the United Kingdom in the year (or if more than one

year, the first year) in which the relevant tort is alleged to have been

committed.”.

(2B)
In section 120(4) of that Act (regulations and orders subject to parliamentary

approval) after the amendment made by subsection (5) of this section, insert

“58A(8)”.’.

Kate Green

193

Clause  43,  page  30,  line  31,  leave out subsection (1) and insert—

‘(1)
In the Courts and Legal Services Act 1990, after section 58B insert—



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