House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 20 October 2011
3542

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(d)
the disclosure of information which has previously been lawfully

disclosed to the public.

      (4)
A person who discloses or uses information in contravention of this paragraph

is guilty of an offence and liable—

(a)
on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine (or both);

(b)
on summary conviction—

(i)
in England and Wales, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory

maximum (or both), and

(ii)
in Northern Ireland, to imprisonment for a term not exceeding

6 months or a fine not exceeding the statutory maximum (or

both).

      (5)
It is a defence for a person charged with an offence under this paragraph to

prove that the person reasonably believed that the disclosure or use was lawful.

      (6)
In this paragraph “enactment” includes—

(a)
an enactment contained subordinate legislation (within the meaning of

the Interpretation Act 1978), and

(b)
an enactment contained in, or in an instrument made under, an Act or

Measure of the National Assembly for Wales or Northern Ireland

legislation.

      (7)
In relation to an offence under this paragraph committed before the

commencement of section 154(1) of the Criminal Justice Act 2003, the

reference in sub-paragraph (4)(b)(i) to 12 months has effect as if it were a

reference to 6 months.

Power to make consequential and supplementary provision etc

3    (1)
The Department of Justice in Northern Ireland may by regulations make

consequential, supplementary, incidental or transitional provision in relation to

this Schedule extending to Northern Ireland.

      (2)
The regulations may, in particular—

(a)
amend, repeal, revoke or otherwise modify Northern Ireland

legislation passed before this Schedule comes into force or an

instrument made under such legislation, and

(b)
include transitory or saving provision.

Regulations

4    (1)
In this Schedule “prescribed” means prescribed by regulations made by the

Department of Justice in Northern Ireland.

      (2)
The powers under this Schedule to make regulations are exercisable by

statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order

1979 (S.I. 1979/1573 (N.I. 12)).

      (3)
Regulations under this Schedule are subject to negative resolution within the

meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954,

subject to sub-paragraph (4).

      (4)
The following regulations may not be made unless a draft of the regulations

has been laid before, and approved by a resolution of, the Northern Ireland

Assembly—

(a)
the first regulations under paragraph 1, and

(b)
regulations under paragraph 3 that amend or repeal Northern Ireland

legislation (whether alone or with other provision).

Notices of Amendments: 20 October 2011
3543

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (5)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the

purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in

relation to the laying of a statutory document under an enactment (as defined

in that Act).

      (6)
Subsections (1) to (3) of section 38 apply in relation to regulations made under

paragraph 1 or 2 of this Schedule as they apply in relation to regulations made

by the Lord Chancellor under this Part.’.

Secretary Kenneth Clarke

55

Page  109,  line  13  [Schedule  1],  leave out ‘in connection with’ and insert ‘of’.

Secretary Kenneth Clarke

56

Page  109,  line  15  [Schedule  1],  at end insert ‘where there is no right of appeal to the

First-tier Tribunal against the decision’.

Secretary Kenneth Clarke

57

Page  109,  line  16  [Schedule  1],  after ‘section’, insert ‘94 or’.

Secretary Kenneth Clarke

58

Page  109,  line  17  [Schedule  1],  after ‘preventing’, insert ‘or restricting’.

Secretary Kenneth Clarke

59

Page  112,  line  5  [Schedule  1],  at end insert—

‘Immigration: victims of domestic violence and indefinite leave to remain

24A(1)
Civil legal services provided to an individual (“I”) in relation to an application

by the individual for indefinite leave to remain in the United Kingdom on the

grounds that—

(a)
I was given leave to enter or remain in the United Kingdom for a

limited period as the partner of another individual present and settled

in the United Kingdom, and

(b)
I’s relationship with the other individual broke down permanently as

a result of the abuse of I by an associated person.


General exclusions

      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.


Specific exclusion

      (3)
The services described in sub-paragraph (1) do not include attendance at an

interview conducted on behalf of the Secretary of State with a view to reaching

a decision on an application.


Definitions

      (4)
For the purposes of this paragraph, one individual is a partner of another if—

(a)
they are married to each other,

(b)
they are civil partners of each other, or

(c)
they are cohabitants.

      (5)
In this paragraph—

“abuse” means physical or mental abuse, including—

Notices of Amendments: 20 October 2011
3544

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(a)
sexual abuse, and

(b)
abuse in the form of violence, neglect, maltreatment and

exploitation;

“associated person”, in relation to an individual, means a person who is

associated with the individual within the meaning of section 62 of the

Family Law Act 1996;

“cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996

(see section 62 of that Act);

“indefinite leave to remain in the United Kingdom” means leave to remain

in the United Kingdom under the Immigration Act 1971 which is not

limited as to duration;

“present and settled in the United Kingdom” has the same meaning as in the

rules made under section 3(2) of the Immigration Act 1971.’.

Secretary Kenneth Clarke

60

Page  112,  line  10  [Schedule  1],  after ‘Article’, insert ‘2 or’.

Secretary Kenneth Clarke

61

Page  112,  line  11  [Schedule  1],  at end insert—

‘( )
the Qualification Directive.’.

Secretary Kenneth Clarke

62

Page  112,  line  25  [Schedule  1],  at end insert—

‘“the Qualification Directive” means Council Directive 2004/83/EC of 29

April 2004 on minimum standards for the qualification and status of third

country nationals or stateless persons as refugees or as persons who

otherwise need international protection and the content of the protection

granted;’.

Secretary Kenneth Clarke

63

Page  120,  line  38  [Schedule  1],  at end insert—

‘12A
Advocacy in the First-tier Tribunal that falls within the description of civil

legal services in paragraph 24A of Part 1 of this Schedule.’.

Secretary Kenneth Clarke

64

Page  131,  line  8  [Schedule  4],  at end insert—

  ‘(6A)
A transfer scheme may, so far as is necessary for giving effect to that scheme,

provide that an enactment that applies in relation to compensation schemes or

occupational pension schemes applies to a compensation scheme or

occupational pension scheme that is the subject of the transfer scheme, the

members of such a scheme or the transferee with modifications specified in the

transfer scheme.

    (6B)
A transfer scheme may—

(a)
amend or otherwise modify a compensation scheme that is the subject

of the transfer scheme, and

(b)
create, modify or remove rights, powers, duties or liabilities under or

in connection with such a scheme.

Notices of Amendments: 20 October 2011
3545

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

    (6C)
The power under sub-paragraph (6B) includes power to amend or otherwise

modify any instrument relating to the constitution, management or operation

of a compensation scheme.

    (6D)
Transfer schemes amending or otherwise modifying a compensation scheme

have effect in spite of any provision (of any nature) which would otherwise

prevent or restrict the amendment or modification.

    (6E)
A transfer scheme may include consequential, incidental, supplementary,

transitional, transitory and saving provision.’.

Secretary Kenneth Clarke

65

Page  131,  line  15  [Schedule  4],  at end insert—

‘Power to merge LSC occupational pension schemes

4A  (1)
The Lord Chancellor may make a scheme providing for the merger of LSC

occupational pension schemes.

      (2)
A scheme under this paragraph may in particular—

(a)
provide for the assets and liabilities of one LSC occupational pension

scheme to become assets and liabilities of another,

(b)
create, modify or remove rights, powers, duties or liabilities under or

in connection with an LSC occupational pension scheme,

(c)
provide for the winding up of an LSC occupational pension scheme,

(d)
provide for references to one LSC occupational pension scheme in a

document, including an enactment, to have effect as references to

another, and

(e)
include consequential, incidental, supplementary, transitional,

transitory and saving provision.

      (3)
A scheme under this paragraph may in particular amend or otherwise

modify—

(a)
the trust deed of an LSC occupational pension scheme,

(b)
rules of an LSC occupational pension scheme, and

(c)
any other instrument relating to the constitution, management or

operation of an LSC occupational pension scheme.

      (4)
A scheme under this paragraph must ensure that the merger of the LSC

occupational pension schemes does not, to any extent, deprive members of the

LSC occupational pension schemes, or other beneficiaries under those

schemes, of rights that accrue to them under those schemes before the merger

takes effect.

      (5)
Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite

of any provision (of any nature) which would otherwise prevent the merger of

the LSC occupational pension schemes.

      (6)
In this paragraph—

“LSC occupational pension scheme” means an occupational pension

scheme under which—

(a)
the LSC has rights, powers, duties or liabilities, or

(b)
the Lord Chancellor or the Secretary of State has rights, powers,

duties or liabilities by virtue of a scheme under paragraph 4(3);

“occupational pension scheme” has the same meaning as in the Pension

Schemes Act 1993.’.

Notices of Amendments: 20 October 2011
3546

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Secretary Kenneth Clarke

66

Page  133,  line  3  [Schedule  4],  after ‘with’, insert ‘—

(a)
’.

Secretary Kenneth Clarke

67

Page  133,  line  4  [Schedule  4],  after ‘by’, insert ‘this Schedule’.

Secretary Kenneth Clarke

68

Page  133,  line  4  [Schedule  4],  after ‘or’, insert—

‘(b)
schemes made’.

Kate Green

69

Page  130,  line  36  [Schedule  4],  at end insert—

‘(3A)
A transfer scheme shall make pension provision and compensation provision for

and in respect of persons who become employed in the civil service of the State

under paragraph 1 which is at least as favourable as the pension provision and

compensation provision applicable to them immediately before they ceased to be

employees of the Legal Services Commission.’.

Kate Green

70

Page  131,  line  14  [Schedule  4],  at end insert—

‘“pension provision” means the provision of pension and other benefits

under an occupational pension scheme;’.

Kate Green

71

Page  131,  line  9  [Schedule  4],  at end insert—

‘“compensation provision” means the provision of compensation under a

compensation scheme;’.

Mr Andy Slaughter

72

Page  32,  line  5,  leave out Clause 44.

Sadiq Khan

73

Page  93,  line  41  [Clause  113],  leave out ‘aged 18 or over’.



© Parliamentary copyright	Revised 21 October 2011