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3583

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 24 October 2011

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

3513-18, 3523-26, 3531-34, 3535-46 and 3575-81

 

Consideration of Bill


 

Legal Aid, Sentencing and Punishment of Offenders Bill, As

 

Amended

 

Caroline Lucas

 

Bridget Phillipson

 

113

 

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 or a

 

claim by the individual to a right to reside 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, or had the right to reside in the United

 

Kingdom as the partner of another individual, 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—


 
 

Notices of Amendments: 24 October 2011                  

3584

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

“abuse” means any incident of threatening behaviour, violence or abuse

 

(psychological, phsyical, sexual, financial or emotional) between adults

 

who are or have been intimate partners or family members, regardless of

 

gender or sexuality.

 

“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;

 

“right to reside” means a right of residence established under Directive

 

2004/38/EC of the European Parliament and the Council 29 April 2004

 

on the right of citizens of the Union and their family members to move

 

and reside within the territory of the Member States amending

 

Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/

 

360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/

 

EC, 90/365/EEC and 93/96/EEC.’.

 

Mrs Jenny Chapman

 

Mr Andy Slaughter

 

114

 

Page  166,  line  32  [Schedule  10],  leave out paragraphs 7 to 18.

 

Mrs Jenny Chapman

 

Mr Andy Slaughter

 

115

 

Page  168,  line  15  [Schedule  10],  leave out paragraphs 19 to 23.

 

Approach to settle by an insurance company to a personal injury claimant

 

Mr Andy Slaughter

 

NC15

 

To move the following Clause:—

 

‘(1)    

It shall be an offence for a third party’s insurance company to make an approach

 

to a claimant who is making a claim for damages for personal injury against that

 

third party with an offer to settle that claim if that approach is—

 

(a)    

unsolicited; or

 

(b)    

the claimant has legal representation known to the insurance company.

 

(2)    

For the avoidance of doubt “unsolicited” in this section includes the mere

 

intimation of a claim to the third party or his insurance company without a

 

specific request for settlement proposals.

 

(3)    

If the third party’s insurance company makes an offer to settle in circumstances

 

not prohibited by this section, then it must ensure—

 

(a)    

that adequate medical evidence of the personal injury is obtained and

 

shared with the claimant; and

 

(b)    

the claimant is advised—

 

(i)    

of his right to obtain legal advice before deciding upon the offer;

 

and


 
 

Notices of Amendments: 24 October 2011                  

3585

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(ii)    

in the event of acceptance, that the offer is in full and final

 

settlement of the claim and cannot later be reopened, if that be

 

the case.

 

(4)    

In the event of a conviction under this section the penalty shall be an unlimited

 

fine.’.

 

Mr Andy Slaughter

 

116

 

Page  8,  line  29,  leave out Clause 12.

 

Mr Andy Slaughter

 

117

 

Page  119,  line  17  [Schedule  1],  leave out paragraph 15.

 

Mr Andy Slaughter

 

118

 

Page  118,  line  20  [Schedule  1],  at end insert—

 

‘Welfare benefit cases

 

      ()  

Civil legal services provided in relation to a benefit, allowance, payment,

 

credit or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992,

 

(b)    

the Jobseekers Act 1995,

 

(c)    

the State Pension Credit Act 2002,

 

(d)    

the Tax Credits Act 2002,

 

(e)    

the Welfare Reform Act 2007,

 

(f)    

the Welfare Reform Act 2011, or

 

(g)    

any other enactment relating to social security.’.

 

Mr Andy Slaughter

 

119

 

Page  113,  line  4  [Schedule  1],  at end insert—

 

‘(c)    

where someone’s financial difficulties could lead to loss of home.’.

 

Mr Andy Slaughter

 

120

 

Page  118,  line  20  [Schedule  1],  at end add—

 

‘Debt

 

      ()  

All areas of debt-related disputes not otherwise covered in this Schedule, and’.

 

Mr Andy Slaughter

 

121

 

Page  118,  line  20  [Schedule  1],  at end add—

 

‘Housing

 

      ()  

All areas of housing law not otherwise covered in this Schedule.’.


 
 

Notices of Amendments: 24 October 2011                  

3586

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Mr Andy Slaughter

 

122

 

Page  118,  line  20  [Schedule  1],  at end add—

 

‘Employment

 

      ()  

All areas of employment law not otherwise covered in this Schedule.’.

 

Mr Andy Slaughter

 

123

 

Page  3,  line  25  [Clause  4],  leave out subsection (4) and insert—

 

‘(4A)    

The Director must, except to the extent that section (4B) applies, act under the

 

direction of the Lord Chancellor.

 

(4B)    

The Director must act independently when performing any functions or duties

 

under this Part.’.

 

Mr Elfyn Llwyd

 

124

 

Page  118,  line  9  [Schedule  1],  at end insert—

 

‘Onward appeals

 

38A(1)  

Civil legal services relating to a review or appeal under sections 11 or 13 of the

 

Tribunals, Courts and Enforcement Act 2007.

 

      (2)  

Civil legal services relating to an appeal to the Supreme Court.

 

            

Exclusions

 

      (3)  

Sub-paragraphs (1) and (2) are not subject to the exclusions in Part 2 of this

 

Schedule, with the exceptions of paragraphs 9-11, 13 and 14 of that Part, and

 

are not subject to the exclusions in Part 3 of this Schedule.’.

 

Mr Elfyn Llwyd

 

125

 

Page  8,  line  35  [Clause  12],  leave out sub-paragraphs (2) to (7).

 

Mr Andy Slaughter

 

126

 

Page  2,  line  12  [Clause  1],  at end add—

 

‘(6)    

The Lord Chancellor must ensure that the proposed telephone gateway shall first

 

be piloted prior to any permanent implementation of such a scheme.’.

 

Appeal against bail granted in the Crown Court

 

Mrs Jenny Chapman

 

NC16

 

To move the following Clause:—

 

‘After section 1 of the Bail (Amendment) Act 1993 insert—

 

“1A    

Appeal against a decision granting bail in the Crown Court

 

(1)    

Where a Crown Court grants bail to a person who is charged with or

 

convicted of an offence triable on indictment the prosecution may appeal

 

to a Judge of the High Court against the granting of bail.


 
 

Notices of Amendments: 24 October 2011                  

3587

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(2)    

Subsection (1) above applies only where the prosecution is conducted—

 

(a)    

by or on behalf of the Director of Public Prosecutions; or

 

(b)    

by a person who falls within such a class or description of person

 

as may be prescribed for purposes of this section by order made

 

by the Secretary of State.

 

(3)    

Such an appeal may be made only if—

 

(a)    

the prosecution made representations that bail should not be

 

granted; and

 

(b)    

the representations were made before it was granted.

 

(4)    

In the event of the prosecution wishing to exercise the right of appeal set

 

out in subsection (1) above oral notice of appeal shall be given to the

 

Crown Court at the conclusion of the proceedings in which such bail has

 

been granted and before the release from custody of the person

 

concerned.

 

(5)    

Written notice of appeal shall thereafter be served on the Crown Court

 

and the person concerned within two hours of the conclusion of such

 

proceedings.

 

(6)    

Upon receipt from the prosecution of oral notice of appeal from its

 

decision to grant bail the Crown Court shall remand in custody the person

 

concerned until the appeal is determined or otherwise disposed of.

 

(7)    

Where the prosecution falls within the period of two hours mentioned in

 

subsection (5) above to serve one or both of the notices required by that

 

subsection the appeal shall be deemed to have been disposed of.

 

(8)    

The hearing of an appeal under subsection (1) above against a decision of

 

the Crown Court to grant bail shall be commenced within 48 hours

 

excluding weekends and any public holiday (that is to say Christmas

 

Day, Good Friday or a Bank Holiday) from the date on which oral notice

 

of appeal is given.

 

(9)    

At the hearing of any appeal by the prosecution under this section such

 

appeal shall be by way of re-hearing and the judge hearing any such

 

appeal may remand the person concerned in custody or may grant bail

 

subject to such conditions (if any) as s/he thinks fit.’.

 

Mr Andy Slaughter

 

127

 

Page  6,  line  20  [Clause  9],  at end add—

 

‘(c)    

that the individual is aged 18 years or under.’.

 


 
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Revised 25 October 2011