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| Schedule 1, page 115, line 17, after ‘that’, insert ‘section 8(1A) and’. |
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| Schedule 1, page 115, line 19, leave out paragraph 2. |
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| Schedule 1, page 115, leave out line 27. |
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| Schedule 1, page 115, line 31, leave out paragraph 12. |
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| Schedule 1, page 116, line 8, leave out paragraph 15. |
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| Schedule 1, page 116, line 8, leave out paragraphs 15 and 16. |
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| Schedule 1, page 117, line 18, leave out paragraph 9 and insert— |
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| | ‘9 | Advocacy for an individual in proceedings against a public authority before— |
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| | (a) | the General Regulatory Chamber of the First-tier Tribunal where |
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| | proceedings concern a decision of a public authority under— |
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| | (i) | the Freedom of Information Act 2000, or |
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| | (ii) | the Data Protection Act 1998. |
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| | (b) | the Health, Education and Social Care Chamber of the First-tier |
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| | Tribunal (Care Standards), |
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| | (c) | the Health, Education and Social Care Chamber of the First-tier |
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| | Tribunal (Mental Health), |
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| | (d) | the Health, Education and Social Care Chamber of the First-tier |
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| | Tribunal (Special Educational Needs and Disability), |
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| | (e) | the Immigration and Asylum Chamber of the First-tier Tribunal, |
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| | (f) | the Social Entitlement Chamber of the First-tier Tribunal.’. |
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| Schedule 1, page 117, line 23, leave out paragraphs 11 to 13. |
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| Schedule 1, page 117, line 41, leave out ‘31,’. |
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| Schedule 1, page 117, line 41, leave out ‘or 34’. |
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| Schedule 1, page 117, line 44, leave out from ‘etc)’ to end of line 45. |
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| Schedule 1, page 118, line 2, leave out ‘13’ and insert ‘10’. |
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| Schedule 1, page 118, line 2, at end insert— |
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| | ‘14A | Advocacy in proceedings in the Upper Tribunal under section 4 of the |
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| | Safeguarding Vulnerable Groups Act 2006.’. |
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| Schedule 1, page 119, line 15, leave out ‘body’ and insert ‘person’. |
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| Clause 9, page 6, line 8, leave out ‘the individual’s rights’ and insert ‘any rights of |
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| Clause 9, page 6, line 8, leave out ‘under European Union law’ and insert ‘that are |
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| Clause 9, page 6, line 11, before ‘any’, insert ‘the interests of justice, including’. |
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| Clause 9, page 6, line 12, at end insert— |
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| | ‘(c) | that there is significant wider public interest in the resolution of the case, |
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| | (d) | that the case is of overwhelming importance to the individual, or |
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| | (e) | that should the individual represent himself this would create obvious |
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| | unfairness in all the circumstances of the case. |
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| | (3A) | For the purposes of subsection (3)(c), exceptional funding should be provided |
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| | where, in the particular circumstances of the case, the provision of legal services |
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| | under this Part is likely to produce significant benefits for a class of person, other |
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| | than the individual and members of the individual’s family. |
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| | (3B) | For the purposes of subsection (3)(d), exceptional funding should be provided |
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| | where a case has exceptional importance to the client, beyond the monetary value |
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| | (if any) of the claim, because the case concerns the life, liberty or physical safety |
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| | of the client or his or her family, or a roof over their heads or raises other |
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| | significant human rights issues.’. |
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| Clause 9, page 6, line 12, at end add— |
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| | ‘(c) | that the individual is a child, or is without mental capacity’. |
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| Clause 9, page 6, line 33, at end add— |
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| | ‘(7) | Civil legal services are to be available to an individual on a means tested basis for |
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| | advice and assistance to prepare an application for funding undert subsection |
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| Clause 10, page 6, line 38, leave out ‘section’ and insert ‘paragraph’. |
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| Clause 10, page 6, line 42, leave out from ‘particular’ to ‘reflect’ in line 43 and |
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| insert ‘ensure the criteria’. |
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| Clause 10, page 7, line 19, at end insert— |
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| | ‘(3A) | In determining whether an individual qualifies for civil legal services under this |
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| | Part, nothing in any regulations produced by the Lord Chancellor shall preclude |
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| | the provision of services on the basis of the availability of alternative sources of |
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| | funding save where the Director can show: |
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| | (a) | an alternative source of funding is practicably accessible to the individual |
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| | in all the circumstances of the case, |
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| | (b) | it is reasonable to expect the individual to access this alternative source |
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| | |
| | (c) | funding by this alternative route does not substantially prevent the |
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| | indivudual from being fairly compensated by an award of damages.’. |
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| Clause 10, page 7, line 25, at end insert— |
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| | ‘( ) | But the Director must determine that an individual qualifies for civil legal |
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| | services where the services relate to a matter falling within paragraph 10 of |
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| | (a) | the individual has been admitted to a refuge for persons suffering from |
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| | (b) | the individual has obtained medical or other professional services |
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| | relating to the consequences of domestic abuse, or |
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| | (c) | an assessment for the purpose of possible mediation of a family dispute |
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| | has concluded that the parties need not engage in mediation as a result of |
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| | domestic abuse, and in this subsection “domestic abuse” means abuse of |
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| | the kind to which paragraph 10(1) of Schedule 1 relates.’. |
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| Clause 11, page 7, line 32, at end insert— |
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| | ‘(1A) | A determination that an individual does not qualify under this Part for civil legal |
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| | services must be fully reasoned and communicated in writing to the individual or |
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| Clause 12, page 8, line 23, leave out from ‘premises’ to end of line 11 on page 9. |
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| Clause 12, page 8, line 23, leave out from ‘premises’ to ‘determination’ in line 25. |
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| Clause 12, page 8, line 27, at end insert ‘and the need to secure that individuals |
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| involved in criminal investigations or criminal proceedings have access, regardless of |
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| their means, to such advice, assistance and representation as the interests of justice |
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| Clause 12, page 8, line 28, leave out subsection (3) and insert— |
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| | ‘(2A) | Regulations may require the Director to make a determination in a form and |
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| | manner which complies with regulations save insofar as subsection (3) applies. |
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| | (3) | The Director may not make a determination that an individual does not qualify |
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| | for advice and assistance under this section by reference to— |
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| | (a) | section 20 (financial eligibility) and regulations under that section, or |
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| | (b) | the interests of justice.’. |
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| Clause 12, page 9, line 18, leave out subsection (9). |
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| Clause 13, page 9, line 40, leave out ‘body’ and insert ‘, person’. |
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| Clause 14, page 9, line 43, leave out ‘may’ and insert ‘must’. |
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| Clause 14, page 10, line 8, leave out ‘or other body’ and insert ‘, tribunal or other |
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| Clause 14, page 10, line 42, leave out ‘may’ and insert ‘must’. |
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| Clause 14, page 10, line 42, after ‘court’, insert ‘, tribunal’. |
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| Clause 15, page 11, line 8, after ‘determined’ insert ‘(provisionally or otherwise)’. |
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| Clause 15, page 11, line 15, after ‘determined’ insert ‘(provisionally or |
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| Clause 15, page 11, line 22, at end insert— |
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| | ‘( ) | An individual to whom representation is made available under this Part for the |
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| | purpose of criminal proceedings may select any representative willing to act for |
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| | that individual, and where such a selection is made the representation is to be by |
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| | way of legal services provided by the selected representative.’. |
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| Clause 16, page 12, line 8, leave out from ‘determination’ to end and insert ‘the |
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| relevant authority must take into account all the circumstances; but it must treat the |
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| interests of justice as requiring representation to be made available where’. |
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| Clause 16, page 12, line 9, leave out ‘whether’. |
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| Clause 16, page 12, line 12, leave out ‘whether’. |
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| Clause 16, page 12, line 14, leave out ‘whether’. |
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| Clause 16, page 12, line 16, leave out ‘whether’. |
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| Clause 16, page 12, line 17, leave out ‘and’ and insert ‘or’. |
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| Clause 16, page 12, line 18, leave out ‘whether’. |
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| Clause 16, page 12, line 20, leave out subsection (3). |
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| Clause 17, page 13, line 19, after ‘court’ insert ‘, tribunal’. |
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| Clause 17, page 13, line 23, leave out ‘and section 19(3)’. |
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| Clause 17, page 13, line 24, leave out subsection (7). |
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| Clause 17, page 13, line 24, at end insert— |
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| | ‘( ) | This section does not authorise the Director to make a provisional determination |
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| | |
| | (a) | references in this section to a determination do not include a provisional |
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| | (b) | references in this section to a decision do not include a decision made as |
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| | part of such a determination.’ |
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| Clause 18, page 14, line 5, after ‘court’ insert ‘, tribunal’. |
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| Clause 18, page 14, line 10, at end insert— |
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| | ‘( ) | Regulations under this section may not authorise a court to make a provisional |
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| | determination and accordingly— |
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| | (a) | references in this section to a determination do not include a provisional |
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| | |
| | (b) | references in this section to a decision do not include a decision made as |
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| | part of such a determination.’ |
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| Clause 19, page 14, line 23, after ‘of’ insert ‘provisional’. |
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| Clause 19, page 14, line 24, after ‘provision’ insert ‘equivalent to that’. |
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| Clause 19, page 14, line 24, leave out ‘(h)’ and insert ‘(i)’. |
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| Clause 19, page 14, line 28, after second ‘determination’ insert ‘made’. |
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| Clause 19, page 14, line 29, leave out ‘under section 15’ and insert ‘in reliance on |
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| Clause 19, page 14, line 30, leave out subsection (3). |
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