Legal Aid, Sentencing and Punishment of Offenders Bill (HC Bill 205)

Power to make further provision

10 (1) The Lord Chancellor may by regulations make consequential,

supplementary, incidental or transitional provision in connection with

transfers effected by or under this Schedule.

(2) 5The regulations may, in particular, include—

(a) provision modifying an enactment (whenever passed or made),

including this Schedule, and

(b) transitory or saving provision.

Interpretation

11 10In this Schedule—

• “the LSC” means the Legal Services Commission;

• “the transfer day” means the day on which section 1 comes into force;

• “enactment” means an enactment contained in an Act or an instrument
  
  made under an Act (and “Act” includes an Act or Measure of the
  
  15National Assembly for Wales).

Section 37

SCHEDULE 5 Consequential amendments

Part 1 Amendments

20Public Records Act 1958Public Records Act 1958

1 In Schedule 1 to the Public Records Act 1958 (definition of public records),

in Part 1 of the Table at the end of paragraph 3, in the second column omit

“Legal Services Commission.”

Parliamentary Commissioner Act 1967Parliamentary Commissioner Act 1967

2 25In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation) omit “Legal Services Commission.”

Criminal Appeal Act 1968Criminal Appeal Act 1968

3 In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in

subsection (3) for “under section 17 of the Access to Justice Act 1999”

30substitute “relating to a requirement to make a payment under regulations

under section 22 or 23 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011”.

Attachment of Earnings Act 1971Attachment of Earnings Act 1971

4 In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which

35magistrates’ court may make attachment of earnings order) for the words

from “paid by” to the end substitute “paid under regulations under section

22 or 23 of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”.

Solicitors Act 1974Solicitors Act 1974

5 The Solicitors Act 1974 is amended as follows.

(1) 5Section 47 (jurisdiction and powers of Tribunal) is amended as follows.

(2) In subsections (2)(d), (2B) and (2D) for “providing representation funded by

the Legal Services Commission as part of the Criminal Defence Service”

substitute “criminal legal aid work”.

(3) In subsection (2A)—

(a) 10for “providing representation” substitute “criminal legal aid work”,

and

(b) for “funded by the Legal Services Commission as part of the

Community Legal Service or Criminal Defence Service” substitute

“provided under arrangements made for the purposes of Part 1 of

15the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(4) After subsection (3B) insert—

“(3C) In this section “criminal legal aid work” means the provision under

arrangements made for the purposes of Part 1 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011 of—

(a) 20advice or assistance described in section 12 or 14 of that Act,

or

(b) representation for the purposes of criminal proceedings.”

6 In section 49(3) (appeals from Tribunal) for “providing representation

funded by the Legal Services Commission as part of the Criminal Defence

25Service” substitute “criminal legal aid work (as defined in that section)”.

House of Commons Disqualification Act 1975House of Commons Disqualification Act 1975

7 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified) omit “The Legal Services

Commission.”

30Northern Ireland Assembly Disqualification Act 1975Northern Ireland Assembly Disqualification Act 1975

8 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified) omit “The Legal

Services Commission.”

Race Relations Act 1976Race Relations Act 1976

9 35In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other

persons subject to general statutory duty) omit “The Legal Services

Commission.”

Magistrates’ Courts Act 1980Magistrates’ Courts Act 1980

10 The Magistrates’ Courts Act 1980 is amended as follows.

11 40In section 8(4) (matters which may be contained in report of committal

proceedings without an order) for paragraph (i) substitute—

“(i) whether, for the purposes of the proceedings, representation

was provided to the accused or any of the accused under Part

1 of the Legal Aid, Sentencing and Punishment of Offenders

5Act 2011.”

12 In section 8A(5) (power to make ruling at pre-trial hearing)—

(a) in paragraph (a) for the words from “to be granted” to “Criminal

Defence Service” substitute “to be provided with representation for

the purposes of the proceedings under Part 1 of the Legal Aid,

10Sentencing and Punishment of Offenders Act 2011”, and

(b) in paragraph (b) for “the Legal Services Commission must decide

whether or not to grant him that right” substitute “the necessary

arrangements must be made for him to apply for it and, where

appropriate, obtain it.”

13 15In section 8C(7) (matters to which reporting restrictions do not apply), for

paragraph (g) substitute—

“(g) whether, for the purposes of the proceedings, representation

was provided to the accused or any of the accused under Part

1 of the Legal Aid, Sentencing and Punishment of Offenders

20Act 2011.”

14 In section 92(1)(b) (exception to restriction on power to impose

imprisonment for default) for the words from “under section 17(2)” to

“criminal case” substitute “made by a court under regulations under section

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

25(payment by individual in respect of legal aid)”.

15 In section 130(3) (powers of alternate court on transfer of remand hearing)

for the words from “all the powers” to end substitute “all of the following

powers which that court would have had but for the order—

“(a) powers in relation to further remand (whether in custody or

30on bail), and

(b) powers under Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011.”

16 In section 145A(4) (rules about costs orders against legal representatives) for

“the Legal Services Commission” substitute “the Lord Chancellor under

35arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing

and Punishment of Offenders Act 2011”.

Senior Courts Act 1981 (c. 54)1981 (c. 54)

17 The Senior Courts Act 1981 is amended as follows.

18 In section 28(4) (appeals from Crown Court and inferior courts) for “an order

40under section 17 of the Access to Justice Act 1999” substitute “a requirement

to make a payment under regulations under section 22 or 23 of the Legal

Aid, Sentencing and Punishment of Offenders Act 2011”.

19 In section 29(6) (mandatory, prohibiting and quashing orders) for “relating

to orders under section 17 of the Access to Justice Act 1999” substitute

45“requirements to make payments under regulations under section 22 or 23

of the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

Prosecution of Offences Act 1985Prosecution of Offences Act 1985

20 Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is

amended as follows.

21 In section 19(2)(b) (matters of which account to be taken when making order

5as to costs) for “any grant of a right to representation funded by the Legal

Services Commission as part of the Criminal Defence Service” substitute “of

whether, for the purposes of the proceedings, representation has been

provided under Part 1 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011”.

22 10In section 20(2) (regulations) for “by the Legal Services Commission or out

of central funds” substitute “by the Lord Chancellor under arrangements

made for the purposes of Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011 or out of central funds in accordance with

a costs order”.

23 (1) 15Section 21 (interpretation) is amended as follows.

(2) In subsection (1), in the definition of “legally assisted person” for the words

from “to whom” to the end of the definition substitute “for whom advice,

assistance or representation is provided under arrangements made for the

purposes of Part 1 of the Legal Aid, Sentencing and Punishment of

20Offenders Act 2011”.

(3) In subsection (4A)(a) for the words from “not” to the end substitute “not to

include the cost of advice, assistance or representation provided for the

person under arrangements made for the purposes of Part 1 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011”.

(4) 25In subsection (4A)(b) for the words from “the cost” to the end substitute “the

cost of such advice, assistance or representation”.

Child Abduction and Custody Act 1985Child Abduction and Custody Act 1985

24 In section 11 of the Child Abduction and Custody Act 1985 (cost of

applications for child custody or access), for paragraph (a) (but not the “or”

30following it) substitute—

“(a) the provision of any civil legal services (within the meaning

of Part 1 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011) under arrangements made for the

purposes of that Part of that Act,”.

35Administration of Justice Act 1985Administration of Justice Act 1985

25 Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as

follows.

26 In section 40(1) (legal aid complaints) for the words from “funded by” to

“Criminal Defence Service” substitute “under arrangements made for the

40purposes of Part 1 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011”.

27 In section 41(2) (reduction of fees payable where legal aid complaint

made)—

(a) for “Legal Services Commission” substitute “Lord Chancellor”, and

(b) for “as part of the Community Legal Service or Criminal Defence

Service” substitute “under arrangements made for the purposes of

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

2011”.

28 (1) 5Section 42 (exclusion of barristers from legal aid work) is amended as

follows.

(2) In subsections (1) and (3), for “providing representation funded by the Legal

Services Commission as part of the Criminal Defence Service” substitute

“criminal legal aid work”.

(3) 10At the end insert—

“(5) In this section “criminal legal aid work” means the provision under

arrangements made for the purposes of Part 1 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011 of—

(a) advice or assistance described in section 12 or 14 of that Act,

15or

(b) representation for the purposes of criminal proceedings.”

29 In section 43(3) (reduction of costs payable where legal aid complaint

made)—

(a) for “Legal Services Commission” substitute “Lord Chancellor”, and

(b) 20for “as part of the Community Legal Service or Criminal Defence

Service” substitute “under arrangements made for the purposes of

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

2011”.

30 In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid

25complaints) for “providing representation funded by the Legal Services

Commission as part of the Criminal Defence Service” substitute “criminal

legal aid work (as defined in that section)”.

Housing Act 1985Housing Act 1985

31 In section 170(5) of the Housing Act 1985 (charges to recover costs of

30assistance in legal proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999” substitute “section

24 of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”, and

(b) for “Legal Services Commission” substitute “Lord Chancellor”.

35Criminal Justice Act 1987Criminal Justice Act 1987

32 The Criminal Justice Act 1987 is amended as follows.

33 In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of

Schedule 3 to the Access to Justice Act 1999” substitute “regulations under

section 18 of the Legal Aid, Sentencing and Punishment of Offenders Act

402011”.

34 In section 11(12) (matters to which reporting restrictions do not apply) for

paragraph (h) substitute—

“(h) whether, for the purposes of the proceedings, representation

was provided to the accused or any of the accused under Part

1 of the Legal Aid, Sentencing and Punishment of Offenders

Act 2011.”

Housing Act 1988Housing Act 1988

35 In section 82(4) of the Housing Act 1988 (charges to recover costs of

5assistance in legal proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999” substitute “section

24 of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”, and

(b) for “Legal Services Commission” substitute “Lord Chancellor”.

10Children Act 1989Children Act 1989

36 In section 25(6) of the Children Act 1989 (child without legal representation

not to be placed in secure accommodation without having been informed of

right to apply for legal aid), for the words from “representation” to

“Criminal Defence Service” substitute “the provision of representation

15under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”.

Courts and Legal Services Act 1990Courts and Legal Services Act 1990

37 (1) Section 31B of the Courts and Legal Services Act 1990 (advocates and

litigators employed by Legal Services Commission) is amended as follows.

(2) 20In the heading of the section for “Legal Services Commission” substitute

“Lord Chancellor”.

(3) In subsection (1) for paragraph (b) substitute—

“(b) is employed by the Lord Chancellor, or by any body

established and maintained by the Lord Chancellor, under

25arrangements made for the purposes of Part 1 of the Legal

Aid, Sentencing and Punishment of Offenders Act 2011.”

Criminal Justice Act 1991Criminal Justice Act 1991

38 In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring

certain cases involving children) for “paragraph 2 of Schedule 3 to the Access

30to Justice Act 1999” substitute “regulations under section 18 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011”.

Social Security Administration Act 1992Social Security Administration Act 1992

39 (1) Section 108(7) of the Social Security Administration Act 1992 is amended as

follows.

(2) 35For “the Legal Services Commission”, in the first place, substitute “the Lord

Chancellor”.

(3) In paragraph (a)—

(a) at the end of sub-paragraph (iii) for “and” substitute “or”, and

(b) after that sub-paragraph insert—

“(iv) 40was provided with civil legal services (within

the meaning of Part 1 of the Legal Aid,

Sentencing and Punishment of Offenders Act

2001) under arrangements made for the

purposes of that Part of that Act; and”.

(4) In paragraph (b)—

(a) 5after sub-paragraph (iii) insert—“or

“(iv) under regulations under section 22 or 23 of the

Legal Aid, Sentencing and Punishment of

Offenders Act 2011 in respect of civil legal

services (within the meaning of Part 1 of that

10Act) provided under arrangements made for

the purposes of that Part of that Act,”.

Criminal Procedure and Investigations Act 1996Criminal Procedure and Investigations Act 1996

40 In section 37(9) of the Criminal Procedure and Investigations Act 1996

(matters to which reporting restrictions do not apply), for paragraph (g)

15substitute—

“(g) whether, for the purposes of the proceedings,

representation was provided to the accused or any of the

accused under Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011.”

20Family Law Act 1996Family Law Act 1996

41 The Family Law Act 1996 is amended as follows.

42 (1) Section 8 (attendance at information meetings) is amended as follows.

(2) In subsection (9)(h) for “services funded by the Legal Services Commission

as part of the Community Legal Service” substitute “civil legal services

25under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”.

(3) In subsection (12) for “funded for him by the Legal Services Commission as

part of the Community Legal Service” substitute “provided for the person

under arrangements made for the purposes of Part 1 of the Legal Aid,

30Sentencing and Punishment of Offenders Act 2011”.

(4) In subsection (13), after “section” insert—

• ““civil legal services” has the meaning given in Part 1 of the
  
  Legal Aid, Sentencing and Punishment of Offenders Act
  
  2011;”.

43 (1) 35Section 23 (provision of marriage counselling) is amended as follows.

(2) In subsection (3) for “funded for them by the Legal Services Commission as

part of the Community Legal Service” substitute “provided for them under

arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing

and Punishment of Offenders Act 2011”.

(3) 40Omit subsection (8) (powers of Legal Services Commission).

Crime and Disorder Act 1998Crime and Disorder Act 1998

44 The Crime and Disorder Act 1998 is amended as follows.

45 (1) Section 50 (early administrative hearings) is amended as follows.

(2) In subsection (2)—

(a) after “this section” insert “—

(a)”, and

(b) 5for the words from “to be granted” to the end substitute “to be

provided with representation for the purposes of the proceedings

under Part 1 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011, and

“(b) if he indicates that he does, the necessary

10arrangements must be made for him to apply for it

and, where appropriate, obtain it.”

(3) Omit subsection (2A).

46 In section 51B(6)(b) (effect of notice given under section 51B in serious or

complex fraud cases) for “paragraph 2 of Schedule 3 to the Access to Justice

15Act 1999” substitute “regulations under section 18 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011”.

47 In section 52A(7) (matters to which reporting restrictions do not apply) for

paragraph (h) substitute—

“(h) whether, for the purposes of the proceedings, representation

20was provided to the accused or any of the accused under Part

1 of the Legal Aid, Sentencing and Punishment of Offenders

Act 2011.”

48 In paragraph 3(8) of Schedule 3 (matters to which reporting restrictions do

not apply) for paragraph (g) substitute—

“(g) 25whether, for the purposes of the proceedings,

representation was provided to the accused or any of the

accused under Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011.”

Access to Justice Act 1999Access to Justice Act 1999

49 30In the Access to Justice Act 1999 omit—

(a) sections 1 to 26 and Schedules 1 to 3A (legal aid), and

(b) Part 2 of Schedule 14 (transitional provision: Legal Services

Commission).

Powers of Criminal Courts (Sentencing) Act 2000Powers of Criminal Courts (Sentencing) Act 2000

50 35The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

51 (1) Section 83(3) (exception to restriction on imposition of custodial sentence on

persons not legally represented) is amended as follows.

(2) In paragraph (a)—

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

40“representation was made available to him for the purposes of the

proceedings under Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011 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”.

52 In section 155(8) (alteration of Crown Court sentence) for “section 17(2) of

the Access to Justice Act 1999” substitute “relating to a requirement to make

5a payment under regulations under section 22 or 23 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011”.

Freedom of Information Act 2000Freedom of Information Act 2000

53 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities) omit “The Legal Services Commission.”

10International Criminal Court Act 2001International Criminal Court Act 2001

54 In section 6(2)(c) of the International Criminal Court Act 2001

(supplementary provisions as to proceedings before competent court) for

“Access to Justice Act 1999 (c.22)1999 (c.22) (advice, assistance and representation)”

substitute “Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

15Anti-terrorism, Crime and Security Act 2001Anti-terrorism, Crime and Security Act 2001

55 In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension

of disclosure powers)

(a) omit paragraph 47, and

(b) after paragraph 53C insert—

“53D 20Section 33 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011.”

Proceeds of Crime Act 2002Proceeds of Crime Act 2002

56 The Proceeds of Crime Act 2002 is amended as follows.

57 In section 245C(6)(b) (exclusion from property freezing order or prohibition

25on dealing with property to which order applies) for “funded by the Legal

Services Commission or” substitute “made available under arrangements

made for the purposes of Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011 or funded by”.

58 In section 252(4A)(b) (exclusion from restriction on dealing with property)

30for “funded by the Legal Services Commission or” substitute “made

available under arrangements made for the purposes of Part 1 of the Legal

Aid, Sentencing and Punishment of Offenders Act 2011 or funded by”.

Communications Act 2003Communications Act 2003

59 In section 119(7)(a) of the Communications Act 2003 (charges to recover

35costs of assistance in proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999 (c.22)1999 (c.22)” substitute

“section 24 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011”, and

(b) for “Legal Services Commission” substitute “Lord Chancellor”.

Extradition Act 2003Extradition Act 2003

60 The Extradition Act 2003 is amended as follows.

61 In section 45(7) (consent to extradition) for paragraph (a) substitute—

“(a) in England and Wales, representation for the purposes of

5criminal proceedings provided under arrangements made

for the purposes of Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011;”.

62 In section 127(8) (consent to extradition: general) for paragraph (a)

substitute—

“(a) 10in England and Wales, representation for the purposes of

criminal proceedings provided under arrangements made

for the purposes of Part 1 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011;”.

Criminal Justice Act 2003Criminal Justice Act 2003

63 15In section 71(8) of the Criminal Justice Act 2003 (matters to which reporting

restrictions do not apply) for paragraph (g) substitute—

“(g) whether, for the purposes of the proceedings, representation

was provided to the defendant or any of the defendants

under Part 1 of the Legal Aid, Sentencing and Punishment of

20Offenders Act 2011.”

Domestic Violence, Crime and Victims Act 2004Domestic Violence, Crime and Victims Act 2004

64 In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004

(authorities within remit of Commissioner for Victims and Witnesses) omit

paragraph 21 (Legal Services Commission).

25Equality Act 2006Equality Act 2006

65 In section 29(3) of the Equality Act 2006 (costs of Equality and Human Rights

Commission in providing legal assistance) for “section 11(4)(f) of the Access

to Justice Act 1999 (c. 22)1999 (c. 22) (recovery of costs in funded cases)” substitute

“section 24 of the Legal Aid, Sentencing and Punishment of Offenders Act

302011 (statutory charge in connection with civil legal aid)”.

Legal Services Act 2007Legal Services Act 2007

66 In section 194(6) of the Legal Services Act 2007 (payments in respect of pro

bono representation) for paragraph (b) substitute—

“(b) provided under arrangements made for the purposes of Part

351 of the Legal Aid, Sentencing and Punishment of Offenders

Act 2011.”

Criminal Justice and Immigration Act 2008Criminal Justice and Immigration Act 2008

67 In paragraph 19(2) of Schedule 1 to the Criminal Justice and Immigration Act

2008 (preconditions to imposing local authority residence requirement or

40fostering requirement) for paragraph (a) (but not the “or” following it)