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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 3513-18, 3523-26, 3531-34, 3535-46 and 3575-81 |
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| Legal Aid, Sentencing and Punishment of Offenders Bill, As |
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| Page 112, line 5 [Schedule 1], at end insert— |
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| | ‘Immigration: victims of domestic violence and indefinite leave to remain |
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| | 24A(1) | Civil legal services provided to an individual (“I”) in relation to an application |
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| | by the individual for indefinite leave to remain in the United Kingdom or a |
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| | claim by the individual to a right to reside in the United Kingdom, on the |
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| | (a) | I was given leave to enter or remain in the United Kingdom for a |
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| | limited period as the partner of another individual present and settled |
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| | in the United Kingdom, or had the right to reside in the United |
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| | Kingdom as the partner of another individual, and |
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| | (b) | I’s relationship with the other individual broke down permanently as |
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| | a result of the abuse of I by an associated person. |
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| | (2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. |
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| | (3) | The services described in sub-paragraph (1) do not include attendance at an |
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| | interview conducted on behalf of the Secretary of State with a view to reaching |
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| | a decision on an application. |
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| | (4) | For the purposes of this paragraph, one individual is a partner of another if— |
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| | (a) | they are married to each other, |
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| | (b) | they are civil partners of each other, or |
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| | (c) | they are cohabitants. |
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| | “abuse” means any incident of threatening behaviour, violence or abuse |
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| | (psychological, phsyical, sexual, financial or emotional) between adults |
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| | who are or have been intimate partners or family members, regardless of |
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| | “associated person”, in relation to an individual, means a person who is |
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| | associated with the individual within the meaning of section 62 of the |
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| | “cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 |
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| | (see section 62 of that Act); |
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| | “indefinite leave to remain in the United Kingdom” means leave to remain |
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| | in the United Kingdom under the Immigration Act 1971 which is not |
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| | “present and settled in the United Kingdom” has the same meaning as in the |
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| | rules made under section 3(2) of the Immigration Act 1971; |
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| | “right to reside” means a right of residence established under Directive |
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| | 2004/38/EC of the European Parliament and the Council 29 April 2004 |
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| | on the right of citizens of the Union and their family members to move |
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| | and reside within the territory of the Member States amending |
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| | Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/ |
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| | 360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/ |
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| | EC, 90/365/EEC and 93/96/EEC.’. |
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| Page 166, line 32 [Schedule 10], leave out paragraphs 7 to 18. |
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| Page 168, line 15 [Schedule 10], leave out paragraphs 19 to 23. |
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| | Approach to settle by an insurance company to a personal injury claimant |
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| To move the following Clause:— |
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| | ‘(1) | It shall be an offence for a third party’s insurance company to make an approach |
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| | to a claimant who is making a claim for damages for personal injury against that |
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| | third party with an offer to settle that claim if that approach is— |
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| | (b) | the claimant has legal representation known to the insurance company. |
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| | (2) | For the avoidance of doubt “unsolicited” in this section includes the mere |
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| | intimation of a claim to the third party or his insurance company without a |
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| | specific request for settlement proposals. |
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| | (3) | If the third party’s insurance company makes an offer to settle in circumstances |
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| | not prohibited by this section, then it must ensure— |
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| | (a) | that adequate medical evidence of the personal injury is obtained and |
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| | shared with the claimant; and |
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| | (b) | the claimant is advised— |
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| | (i) | of his right to obtain legal advice before deciding upon the offer; |
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| | (ii) | in the event of acceptance, that the offer is in full and final |
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| | settlement of the claim and cannot later be reopened, if that be |
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| | (4) | In the event of a conviction under this section the penalty shall be an unlimited |
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| Page 8, line 29, leave out Clause 12. |
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| Page 119, line 17 [Schedule 1], leave out paragraph 15. |
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| Page 118, line 20 [Schedule 1], at end insert— |
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| | () | Civil legal services provided in relation to a benefit, allowance, payment, |
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| | (a) | the Social Security Contributions and Benefits Act 1992, |
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| | (b) | the Jobseekers Act 1995, |
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| | (c) | the State Pension Credit Act 2002, |
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| | (d) | the Tax Credits Act 2002, |
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| | (e) | the Welfare Reform Act 2007, |
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| | (f) | the Welfare Reform Act 2011, or |
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| | (g) | any other enactment relating to social security.’. |
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| Page 113, line 4 [Schedule 1], at end insert— |
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| | ‘(c) | where someone’s financial difficulties could lead to loss of home.’. |
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| Page 118, line 20 [Schedule 1], at end add— |
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| | () | All areas of debt-related disputes not otherwise covered in this Schedule, and’. |
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| Page 118, line 20 [Schedule 1], at end add— |
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| | () | All areas of housing law not otherwise covered in this Schedule.’. |
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| Page 118, line 20 [Schedule 1], at end add— |
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| | () | All areas of employment law not otherwise covered in this Schedule.’. |
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| Page 3, line 25 [Clause 4], leave out subsection (4) and insert— |
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| | ‘(4A) | The Director must, except to the extent that section (4B) applies, act under the |
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| | direction of the Lord Chancellor. |
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| | (4B) | The Director must act independently when performing any functions or duties |
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| Page 118, line 9 [Schedule 1], at end insert— |
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| | 38A(1) | Civil legal services relating to a review or appeal under sections 11 or 13 of the |
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| | Tribunals, Courts and Enforcement Act 2007. |
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| | (2) | Civil legal services relating to an appeal to the Supreme Court. |
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| | (3) | Sub-paragraphs (1) and (2) are not subject to the exclusions in Part 2 of this |
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| | Schedule, with the exceptions of paragraphs 9-11, 13 and 14 of that Part, and |
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| | are not subject to the exclusions in Part 3 of this Schedule.’. |
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| Page 8, line 35 [Clause 12], leave out sub-paragraphs (2) to (7). |
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| Page 2, line 12 [Clause 1], at end add— |
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| | ‘(6) | The Lord Chancellor must ensure that the proposed telephone gateway shall first |
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| | be piloted prior to any permanent implementation of such a scheme.’. |
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| | Appeal against bail granted in the Crown Court |
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| To move the following Clause:— |
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| | ‘After section 1 of the Bail (Amendment) Act 1993 insert— |
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| | “1A | Appeal against a decision granting bail in the Crown Court |
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| | (1) | Where a Crown Court grants bail to a person who is charged with or |
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| | convicted of an offence triable on indictment the prosecution may appeal |
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| | to a Judge of the High Court against the granting of bail. |
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| | (2) | Subsection (1) above applies only where the prosecution is conducted— |
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| | (a) | by or on behalf of the Director of Public Prosecutions; or |
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| | (b) | by a person who falls within such a class or description of person |
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| | as may be prescribed for purposes of this section by order made |
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| | by the Secretary of State. |
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| | (3) | Such an appeal may be made only if— |
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| | (a) | the prosecution made representations that bail should not be |
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| | (b) | the representations were made before it was granted. |
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| | (4) | In the event of the prosecution wishing to exercise the right of appeal set |
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| | out in subsection (1) above oral notice of appeal shall be given to the |
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| | Crown Court at the conclusion of the proceedings in which such bail has |
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| | been granted and before the release from custody of the person |
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| | (5) | Written notice of appeal shall thereafter be served on the Crown Court |
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| | and the person concerned within two hours of the conclusion of such |
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| | (6) | Upon receipt from the prosecution of oral notice of appeal from its |
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| | decision to grant bail the Crown Court shall remand in custody the person |
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| | concerned until the appeal is determined or otherwise disposed of. |
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| | (7) | Where the prosecution falls within the period of two hours mentioned in |
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| | subsection (5) above to serve one or both of the notices required by that |
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| | subsection the appeal shall be deemed to have been disposed of. |
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| | (8) | The hearing of an appeal under subsection (1) above against a decision of |
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| | the Crown Court to grant bail shall be commenced within 48 hours |
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| | excluding weekends and any public holiday (that is to say Christmas |
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| | Day, Good Friday or a Bank Holiday) from the date on which oral notice |
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| | (9) | At the hearing of any appeal by the prosecution under this section such |
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| | appeal shall be by way of re-hearing and the judge hearing any such |
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| | appeal may remand the person concerned in custody or may grant bail |
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| | subject to such conditions (if any) as s/he thinks fit.’. |
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| Page 6, line 20 [Clause 9], at end add— |
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| | ‘(c) | that the individual is aged 18 years or under.’. |
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