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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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| | 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 ‘section’ 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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| | | unreasonable or negligent act or omission on the part of the local authority or any |
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| | | of its representatives including: |
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| | | (a) | an administrative failure which could have been prevented by due |
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| | | diligence at individual or organisational level, |
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| | | (b) | a failure to make out an arguable case against the individual on the basis |
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| | | of the facts and the law, |
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| | | (c) | a failure to concede a case at any stage where due to any new |
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| | | development, whether evidential or legal, there is no longer an arguable |
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| | | case against an individual, |
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| | | (d) | a fundamental misunderstanding or ignorance of the facts or the law in a |
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| | | case which could have been prevented by the exercise of due diligence, or |
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| | | (e) | a delay in providing or failure to provide relevant information or |
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| | | evidence, which could not be obtained otherwise than from the public |
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| | | authority, without reasonable justification. |
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| | | (3) | A costs award under section 2 may reimburse the legal aid fund in the sum of any |
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| | | amount of any costs which the Court or Tribunal assesses as flowing from the act |
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| | | (4) | Where the Court or Tribunal concludes that proceedings before it would not have |
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| | | been required, or would have been shorter or otherwise less expensive were not |
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| | | for the act or omission, it may order that costs be paid to the Tribunal. |
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| | | (5) | Wasted costs awarded in accordance with subsection (3) and (4) above must not |
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| | | exceed the amount of the actual wasted expenditure resulting from the act or |
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| | | (6) | For the purposes of this section “public authority” has the same meaning as in |
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| | | section 6 of the Human Rights Act 1998.’. |
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| | | Schedule 6, page 142, line 18, leave out from ‘proceedings’ to ‘under’ and insert |
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| | ‘in the Crown Court including an appeal’. |
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| | Schedule 7, page 153, line 36, leave out ‘33B’ and insert ‘33B(1)(d)’. |
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| | | Order of the House [29 JUNE 2011] |
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| | | That the following provisions shall apply to the Legal Aid, Sentencing and Punishment |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Thursday 13 October 2011. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on Consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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| | | Order of the Committee [12 JULY 2011, as amended on 14 july 2011] |
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| | | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | | (a) | at 4.00 pm on Tuesday 12 July; |
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| | | (b) | at 9.00 am and 1.00 pm on Thursday 14 July; |
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| | | (c) | at 9.00 am and 1.30 pm on Tuesday 19 July; |
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| | | (d) | at 10.30 am and 4.00 pm on Tuesday 6 September; |
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| | | (e) | at 9.00 am and 1.00 pm on Thursday 8 September; |
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| | | (f) | at 10.30 am and 4.00 pm on Tuesday 13 September; |
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| | | (g) | at 9.00 am and 1.00 pm on Thursday 15 September; |
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| | | (h) | at 10.30 am and 4.00 pm on Tuesday 11 October; |
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| | | (i) | at 9.00 am and 1.00 pm on Thursday 13 October; |
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| | | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | | | | Criminal Justice Alliance; Prison |
| | | | | | | Reform Trust; Howard League for |
| | | | | | | | | | | | | | NAPO; Prison Officers’ Association |
| | | | | | | | | | | | | | Commissioner for Victims and |
| | | | | | | Witnesses; Victim Support |
| | | | | | | | | | | | | | | | | | | | | Law Society; Bar Council; Family |
| | | | | | | Mediation Council; Leigh Day & Co |
| | | | | | | | | | | | | | Director of Public Prosecutions |
| | | | | | | | | | | | | | Legal Services Commission |
| | | | | | | | | | | | | | Rights of Women; National |
| | | | | | | Federation of Women’s Institutes |
| | | | | | | | | | | | | | | | | | | | | Shelter; Citizens Advice Bureau; |
| | | | | | | Law Centres Federation; Advice |
| | | | | | | | | | | | | | Liberty; Justice; Legal Action Group |
| | | | | | | | | | | | | | | | | | | | | Association; Standing Committee on |
| | | | | | | Youth Justice; Children’s |
| | | | | | | | | | | | | | Association of British Insurers; |
| | | | | | | Association of Personal Injury |
| | | | | | | Lawyers; Action Against Medical |
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| | | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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