|
|
| |
| |
|
| | (11B) | The Lord Chancellor may, by regulations, amend the capital and income |
|
| | eligibility thresholds provided for in paragraphs (b)(i), (iii) and (iv) to take |
|
| | account of variations in the value of sterling.’. |
|
| |
| |
| | |
| Schedule 2, page 121, line 15, leave out ‘payable’ and insert ‘due’. |
|
| |
| | |
| Schedule 2, page 121, line 27, leave out ‘section 23’ and insert ‘MVO regulations’. |
|
| |
| |
| | |
| Clause 25, page 20, line 3, leave out subsection (3). |
|
| |
| |
| | |
| Clause 26, page 20, line 34, leave out subsections (1) to (4) and insert— |
|
| | ‘(1) | Subject to subsection (2) the Lord Chancellor may discharge his duty under |
|
| | section 1(1) by arranging for services to be provided by telephone or by other |
|
| | |
| | (2) | The Lord Chancellor may not arrange for services to be provided by telephone or |
|
| | electronic means where an individual requests that advice be provided in person. |
|
| | (3) | An individual who qualifies under this Part for representation for the purposes of |
|
| | any civil or criminal legal services may select any representative or |
|
| | representatives willing to act for the individual, subject to regulations under |
|
| | |
| |
| | |
| Clause 26, page 21, line 24, leave out subsections (8) to (10). |
|
| |
| |
| | |
| Clause 27, page 21, leave out line 39. |
|
| |
| | |
| Clause 27, page 21, leave out lines 44 and 45 and insert— |
|
|
|
| |
| |
|
| | ‘(3) | The withdrawal of a right to representation previously granted to an individual |
|
| | |
| |
| |
| | |
| Clause 28, page 22, line 8, after ‘body’, insert ‘exercising functions of the Lord |
|
| Chancellor or the Director pursuant to section 5 or regulations made under that section, |
|
| |
| |
| |
| | |
| Schedule 3, page 122, line 26, leave out ‘the person’s rights’ and insert ‘any rights |
|
| |
| |
| | |
| Schedule 3, page 122, line 26, leave out ‘under European Union law’ and insert |
|
| ‘that are enforceable EU rights’. |
|
| |
| | |
| Schedule 3, page 123, line 22, leave out ‘or other body’ and insert ‘, tribunal or |
|
| |
| |
| | |
| Schedule 3, page 123, line 43, after ‘determined’ insert ‘(provisionally or |
|
| |
| |
| | |
| Schedule 3, page 124, line 18, at end insert— |
|
| | ‘() | The Director may not make a provisional determination under sub-paragraph |
|
| | (2)(b) unless authorised to do so by regulations under sub-paragraph (8).’. |
|
| |
| | |
| Schedule 3, page 124, line 31, leave out sub-paragraph (10). |
|
| |
| | |
| Schedule 3, page 124, line 38, after ‘determination’ insert ‘made’. |
|
| |
| | |
| Schedule 3, page 124, line 39, leave out ‘under section 15’ and insert ‘in reliance |
|
|
|
| |
| |
|
| |
| |
| | |
| Schedule 3, page 124, line 40, after ‘under’ insert ‘sub-paragraph (2)(b) made |
|
| otherwise than in reliance on’. |
|
| |
| | |
| Schedule 3, page 125, line 11, at end insert— |
|
| | ‘7A | In Schedule 2, references to criminal legal aid include advice, assistance and |
|
| | representation required to be made available under paragraph 4 or 5 of this |
|
| | |
| |
| |
| | |
| Clause 31, page 23, line 23, leave out ‘an individual’s rights’ and insert ‘any rights |
|
| |
| |
| | |
| Clause 31, page 23, line 23, leave out ‘under European Union law’ and insert ‘that |
|
| are enforceable EU rights’. |
|
| |
| |
| | |
| 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. |
|
| | |
| | (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 |
|
| | |
| | 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. |
|
| | |
| | (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 |
|
| | |
| |
| | |
| Schedule 5, page 131, leave out lines 34 to 37. |
|
| |
| | |
| Schedule 5, page 132, line 43, leave out ‘relating to’. |
|
| |
| | |
| Schedule 5, page 133, line 21, leave out ‘the end’ and insert ‘“Service”’. |
|
| |
| | |
| Schedule 5, page 134, line 1, after ‘for’, insert ‘by him’. |
|
| |
| | |
| Schedule 5, page 134, line 2, after ‘substitute’, insert ‘by the barrister’. |
|
| |
| | |
| Schedule 5, page 138, line 3, after ‘for’, insert ‘under’. |
|
| |
| | |
| Schedule 5, page 138, line 20, leave out ‘Section 33’ and insert ‘Sections 33(2) and |
|
| |
| |
| | |
| 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 |
|
| | |
| |
| | |
| Schedule 5, page 140, line 10, in column 2, at end insert— |
|
| | |
|
|
| |
| |
|
| |
| | |
| Schedule 5, page 140, line 12, in column 2, leave out ‘and 11’ and insert ‘to 12’. |
|
| |
| | |
| Schedule 5, page 140, line 13, in column 2, leave out ‘16’ and insert ‘15’. |
|
| |
| | |
| Schedule 5, page 140, line 17, in column 2, at end insert— |
|
| | |
| |
| | |
| Schedule 5, page 140, line 42, in column 2, at beginning insert ‘In Schedule 16, |
|
| paragraphs 51(4) and 108(c).’. |
|
| |
| | |
| Schedule 5, page 141, line 9, in column 2, leave out ‘paragraph’ and insert |
|
| |
| |
| |
| | |
| Clause 38, page 27, line 12, leave out ‘body’ and insert ‘person’. |
|
| |
| | |
| Clause 38, page 27, leave out lines 32 to 34. |
|
| |
| | |
| Clause 38, page 27, line 38, leave out from ‘25’ to ‘(6)’. |
|
| |
| | |
| Clause 38, page 27, line 39, leave out ‘or (8)’. |
|
| |
| |
| | |
| Clause 39, page 28, line 4, leave out ‘body’ and insert ‘person’. |
|
|
|
| |
| |
|
| |
| | |
| Clause 39, page 28, line 29, leave out from ‘19(4)’ to end of line 31. |
|
| |
| New Clauses relating to part 1 |
|
| | Principles for the exercise of Lord Chancellor’s functions |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In exercising his functions under this Act, the Lord Chancellor must have regard |
|
| | to the principles in subsection (2). |
|
| | (2) | Those principles are— |
|
| | (a) | access to justice is the constitutional right of each citizen; |
|
| | (b) | the right of access to justice applies equally to civil and criminal law; |
|
| | (c) | the interests of the citizen should determine policy on access to justice |
|
| | issues, not those of the providers of services; |
|
| | (d) | the constitutional right to be regarded as innocent until proven guilty |
|
| | should be respected as the cardinal principle of criminal law; |
|
| | (e) | promoting access to justice requires policies across a range of areas |
|
| | including law reform, education and legal services; and |
|
| | (f) | proposals for reform should take account of levels of resources but the |
|
| | availability of resources should not dictate policy.’. |
|
| |
| | Alternative funding arrangements for legal aid |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The Lord Chancellor may by regulations make provision for alternative sources |
|
| | of funding to support the provision of Legal Aid.’. |
|
| |
| | Wasted cost orders in civil proceedings |
|
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘(1) | Where a case is funded in accordance with section 8, the costs of and incidental |
|
| | to proceedings in any Courts or Tribunals listed at Schedule 1, Part 3 shall be in |
|
| | the discretion of the Tribunal or Court in which the proceedings take place save |
|
| | insofar as subsection (2) has effect. |
|
| | (2) | A Tribunal must make a wasted costs order against a public authority where the |
|
| | court or the Ministry of Justice has incurred costs as a result of any improper, |
|
| | unreasonable or negligent act or omission on the part of the local authority or any |
|
| | of its representatives including— |
|
| | (a) | an administrative failure which could have been prevented by due |
|
| | diligence at individual or organisational level, |
|
| | (b) | a failure to make out an arguable case against the individual on the basis |
|
| | of the facts and the law, |
|
| | (c) | a failure to concede a case at any stage where due to any new |
|
| | development, whether evidential or legal, there is no longer an arguable |
|
| | case against an individual, |
|
| | (d) | a fundamental misunderstanding or ignorance of the facts or the law in a |
|
| | case which could have been prevented by the exercise of due diligence, or |
|
| | (e) | a delay in providing or failure to provide relevant information or |
|
| | evidence, which could not be obtained otherwise than from the public |
|
| | authority, without reasonable justification. |
|
| | (3) | A costs award under section 2 may reimburse the legal aid fund in the sum of any |
|
| | amount of any costs which the Court or Tribunal assesses as flowing from the act |
|
| | |
| | (4) | Where the Court or Tribunal concludes that proceedings before it would not have |
|
| | been required, or would have been shorter or otherwise less expensive were not |
|
| | for the act or omission, it may order that costs be paid to the Tribunal. |
|
| | (5) | Wasted costs awarded in accordance with subsection (3) and (4) above must not |
|
| | exceed the amount of the actual wasted expenditure resulting from the act or |
|
| | |
| | (6) | For the purposes of this section “public authority” has the same meaning as in |
|
| | section 6 of the Human Rights Act 1998.’. |
|
| |
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | After 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 |
|
| | |
|