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| | Clause 19, page 14, line 33, leave out ‘the regulations’ and insert ‘regulations |
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| | Clause 20, page 15, line 2, at beginning insert ‘subject to section 22(11A)’. |
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| | Clause 20, page 15, line 5, at beginning insert ‘Subject to section 22(11A)’. |
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| | Clause 22, page 17, line 16, leave out paragraphs (a) and (b). |
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| | Clause 22, page 18, line 18, at end insert— |
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| | | ‘(11A) | The Lord Chancellor may not, in regulations under this Part, make prescriptions |
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| | | (a) | an individual with £3,000 or less to make any capital based contribution |
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| | | to the cost of legal services, |
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| | | (b) | capital, whether real or nominal, in a primary dwelling, to be taken into |
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| | | account when assessing capital eligibility under this section, |
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| | | (c) | an individual with monthly disposable income of less than £316 to make |
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| | | any income based contribution towards the cost of legal services, |
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| | | (d) | an individual with monthly disposable income of between £316 and |
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| | | £733, to make a contribution which exceeds 30 per cent of disposable |
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| | | (11B) | The Lord Chancellor may, by regulations, amend the capital and income |
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| | | eligibility thresholds provided for in paragraphs (b)(i), (iii) and (iv) to take |
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| | | account of variations in the value of sterling.’. |
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| | Schedule 2, page 121, line 15, leave out ‘payable’ and insert ‘due’. |
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| | Schedule 2, page 121, line 27, leave out ‘section 23’ and insert ‘MVO regulations’. |
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| | Clause 25, page 20, line 3, leave out subsection (3). |
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| | Clause 26, page 20, line 34, leave out subsections (1) to (4) and insert— |
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| | | ‘(1) | Subject to subsection (2) the Lord Chancellor may discharge his duty under |
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| | | section 1(1) by arranging for services to be provided by telephone or by other |
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| | | (2) | The Lord Chancellor may not arrange for services to be provided by telephone or |
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| | | electronic means where an individual requests that advice be provided in person. |
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| | | (3) | An individual who qualifies under this Part for representation for the purposes of |
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| | | any civil or criminal legal services may select any representative or |
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| | | representatives willing to act for the individual, subject to regulations under |
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| | Clause 26, page 21, line 24, leave out subsections (8) to (10). |
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| | Clause 27, page 21, leave out line 39. |
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| | Clause 27, page 21, leave out lines 44 and 45 and insert— |
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| | | ‘(3) | The withdrawal of a right to representation previously granted to an individual |
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| | Clause 28, page 22, line 8, after ‘body’, insert ‘exercising functions of the Lord |
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| | Chancellor or the Director pursuant to section 5 or regulations made under that section, |
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| | Schedule 3, page 122, line 26, leave out ‘the person’s rights’ and insert ‘any rights |
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| | Schedule 3, page 122, line 26, leave out ‘under European Union law’ and insert |
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| | ‘that are enforceable EU rights’. |
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| | Schedule 3, page 123, line 22, leave out ‘or other body’ and insert ‘, tribunal or |
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| | Schedule 3, page 123, line 43, after ‘determined’ insert ‘(provisionally or |
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| | Schedule 3, page 124, line 18, at end insert— |
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| | | ‘() | The Director may not make a provisional determination under sub-paragraph |
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| | | (2)(b) unless authorised to do so by regulations under sub-paragraph (8).’. |
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| | Schedule 3, page 124, line 31, leave out sub-paragraph (10). |
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| | Schedule 3, page 124, line 38, after ‘determination’ insert ‘made’. |
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| | Schedule 3, page 124, line 39, leave out ‘under section 15’ and insert ‘in reliance |
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| | Schedule 3, page 124, line 40, after ‘under’ insert ‘sub-paragraph (2)(b) made |
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| | otherwise than in reliance on’. |
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| | Schedule 3, page 125, line 11, at end insert— |
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| | | ‘7A | In Schedule 2, references to criminal legal aid include advice, assistance and |
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| | | representation required to be made available under paragraph 4 or 5 of this |
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| | Clause 31, page 23, line 23, leave out ‘an individual’s rights’ and insert ‘any rights |
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| | Clause 31, page 23, line 23, leave out ‘under European Union law’ and insert ‘that |
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| | are enforceable EU rights’. |
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| | Schedule 5, page 130, line 32, at end insert— |
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| | | ‘Children and Young Persons Act 1969 (c. 54) |
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| | | 3A (1) | Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on |
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| | | imposing security requirement on child or young person who is not legally |
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| | | represented) is amended as follows. |
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| | | (a) | for the words from the beginning to “but the right” substitute |
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| | | “representation was provided to the child or young person under Part |
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| | | 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 |
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| | | for the purposes of the proceedings but”, and |
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| | | (b) | for “to be granted such a right” substitute “for such representation”. |
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| | | (3) | In paragraph (aa) for “to be granted a right to it” substitute “for such |
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| | | 3B (1) | In section 23 of that Act as it has effect pursuant to section 98 of the Crime and |
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| | | Disorder Act 1998 (restrictions on remand of boy who is not legally |
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| | | represented), subsection (4A) is amended as follows. |
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| | | (a) | for the words from the beginning to “but the right” substitute |
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| | | “representation was provided to the person under Part 1 of the Legal |
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| | | Aid, Sentencing and Punishment of Offenders Act 2011 for the |
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| | | purposes of the proceedings but”, and |
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| | | (b) | for “to be granted such a right” substitute “for such representation”. |
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| | | (3) | In paragraph (aa) for “to be granted a right to it” substitute “for such |
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| | Schedule 5, page 131, leave out lines 34 to 37. |
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| | Schedule 5, page 132, line 43, leave out ‘relating to’. |
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| | Schedule 5, page 133, line 21, leave out ‘the end’ and insert ‘“Service”’. |
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| | Schedule 5, page 134, line 1, after ‘for’, insert ‘by him’. |
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| | Schedule 5, page 134, line 2, after ‘substitute’, insert ‘by the barrister’. |
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| | Schedule 5, page 138, line 3, after ‘for’, insert ‘under’. |
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| | Schedule 5, page 138, line 20, leave out ‘Section 33’ and insert ‘Sections 33(2) and |
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| | Schedule 5, page 140, line 5, at end insert— |
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| | | ‘Equality Act 2010 (c. 15) |
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| | | 68 | In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit |
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| | | “The Legal Services Commission.” |
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| | | Terrorist Asset-Freezing etc Act 2010 (c. 38) |
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| | | 69 | In section 23(1)(d) (general power to disclose information) omit “the Legal |
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| | Schedule 5, page 140, line 10, in column 2, at end insert— |
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| | Schedule 5, page 140, line 12, in column 2, leave out ‘and 11’ and insert ‘to 12’. |
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| | Schedule 5, page 140, line 13, in column 2, leave out ‘16’ and insert ‘15’. |
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| | Schedule 5, page 140, line 17, in column 2, at end insert— |
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| | Schedule 5, page 140, line 42, in column 2, at beginning insert ‘In Schedule 16, |
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| | paragraphs 51(4) and 108(c).’. |
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| | Schedule 5, page 141, line 9, in column 2, leave out ‘paragraph’ and insert |
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| | Clause 38, page 27, line 12, leave out ‘body’ and insert ‘person’. |
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| | Clause 38, page 27, leave out lines 32 to 34. |
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| | Clause 38, page 27, line 38, leave out from ‘25’ to ‘(6)’. |
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| | Clause 38, page 27, line 39, leave out ‘or (8)’. |
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| | Clause 39, page 28, line 4, leave out ‘body’ and insert ‘person’. |
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| | Clause 39, page 28, line 29, leave out from ‘19(4)’ to end of line 31. |
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| | New Clauses relating to part 1 |
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| | | Principles for the exercise of Lord Chancellor’s functions |
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| | To move the following Clause:— |
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| | | ‘(1) | In exercising his functions under this Act, the Lord Chancellor must have regard |
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| | | to the principles in subsection (2). |
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| | | (2) | Those principles are— |
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| | | (a) | access to justice is the constitutional right of each citizen; |
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| | | (b) | the right of access to justice applies equally to civil and criminal law; |
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| | | (c) | the interests of the citizen should determine policy on access to justice |
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| | | issues, not those of the providers of services; |
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| | | (d) | the constitutional right to be regarded as innocent until proven guilty |
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| | | should be respected as the cardinal principle of criminal law; |
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| | | (e) | promoting access to justice requires policies across a range of areas |
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| | | including law reform, education and legal services; and |
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| | | (f) | proposals for reform should take account of levels of resources but the |
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| | | availability of resources should not dictate policy.’. |
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| | | Alternative funding arrangements for legal aid |
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| | To move the following Clause:— |
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| | | ‘The Lord Chancellor may by regulations make provision for alternative sources |
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| | | of funding to support the provision of Legal Aid.’. |
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| | | Wasted cost orders in civil proceedings |
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| | To move the following Clause:— |
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| | | ‘(1) | Where a case is funded in accordance with section 8, the costs of and incidental |
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| | | to proceedings in any Courts or Tribunals listed at Schedule 1, Part 3 shall be in |
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| | | the discretion of the Tribunal or Court in which the proceedings take place save |
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| | | insofar as subsection (2) has effect. |
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| | | (2) | A Tribunal must make a wasted costs order against a public authority where the |
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| | | court or the Ministry of Justice has incurred costs as a result of any improper, |
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