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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, 3575-81 and 3583-87 |
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| Legal Aid, Sentencing and Punishment of Offenders Bill, As |
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| | Extension of scope of legal aid in complex cases |
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| To move the following Clause:— |
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| | ‘(1) | Civil legal services other than services described in Part 1 of Schedule 1 are to be |
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| | available to an individual under this Part if subsection (2) is satisfied. |
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| | (2) | This subsection is satisfied where the Director— |
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| | (a) | has made a complex case determination in relation to the individual and |
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| | (b) | has determined that the individual qualifies for the services in accordance |
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| | | (and has not withdrawn either determination). |
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| | (3) | For the purposes of subsection (2), a complex case determination is a |
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| | (a) | that the individual has complex, interconnected needs in relation to |
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| | which the individual requires comprehensive civil legal services, and |
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| | (b) | not all of those civil legal services would otherwise be available to the |
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| | individual because they do not all fall within the scope of Schedule 1.’. |
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| Page 29, line 30 [Clause 41], at end add— |
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| | (4C) | Sections 4A and 4B shall not apply, as regards a party to proceedings, to: |
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| | (a) | any proceedings in relation to defamation or misuse of private |
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| | (b) | any proceedings arising out of the same cause of action as any |
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| | proceedings to which sub-paragraph (a) refers.’. |
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| Page 29, line 36 [Clause 41], at end insert— |
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| | ‘(4A) | The amendment made by subsection (4) does not apply in relation to a success fee |
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| | payable under a conditional fee agreement in relation to: |
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| | (a) | any proceedings in relation to defamation or misuse of private |
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| | (b) | any proceedings arising out of the same cause of action as any |
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| | proceedings to which sub-paragraph (a) refers.’. |
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| Page 31, line 22 [Clause 43], at end insert— |
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| | ‘(2A) | The Lord Chancellor must by regulations provide that a costs orde may include |
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| | provision requiring the payment of such an amount where— |
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| | (a) | the order is made in favour of a party to proceedings or proceedings |
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| | related to defamation or to misuse of private information of a prescribed |
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| Page 113, line 4 [Schedule 1], at end add— |
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| | ‘(c) | financial difficulties leading to loss of home.’. |
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| Page 118, line 27 [Schedule 1], after ‘negligence’, insert ‘with the exception of |
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| | Rules against referral fees |
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| To move the following Clause:— |
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| | ‘(1) | A regulated person is in breach of this section if— |
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| | (a) | the regulated person refers prescribed legal business to another person |
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| | and is paid or has been paid for the referral, or |
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| | (b) | prescribed legal business is referred to the regulated person, and the |
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| | regulated person pays or has paid for the referral. |
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| | (2) | A regulated person is also in breach of this section if in providing legal services |
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| | in the course of prescribed legal business the regulated person— |
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| | (a) | arranges for another person to provide services to the client, and |
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| | (b) | is paid or has been paid for making the arrangement. |
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| | (3) | Section [Regulators and regulated persons] defines “regulated person”. |
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| | (4) | “Prescribed legal business” means business that involves the provision of legal |
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| | services to a client, where— |
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| | (a) | the legal services relate to a claim or potential claim for damages for |
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| | personal injury or death, or |
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| | (b) | the business is of a description specified in regulations made by the Lord |
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| | (5) | There is a referral of prescribed legal business if— |
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| | (a) | a person provides information to another, |
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| | (b) | it is information that a provider of legal services would need to make an |
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| | offer to the client to provide relevant services, and |
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| | (c) | the person providing the information is not the client; |
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| | | and “relevant services” means any of the legal services that the business involves. |
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| | (6) | “Legal services” means services provided by a person which consist of or include |
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| | legal activities (within the meaning of the Legal Services Act 2007) carried on by |
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| | or on behalf of that person; and a provider of legal services is a person authorised |
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| | to carry on a reserved legal activity within the meaning of that Act. |
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| | (a) | where subsection (4)(a) applies, means the person who makes or would |
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| | (b) | where subsection (4)(b) applies, has the meaning given by the |
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| | (8) | Payment includes any form of consideration (but does not include the provision |
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| | of hospitality that is reasonable in the circumstances).’. |
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| | Effect of the rules against referral fees |
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| To move the following Clause:— |
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| | ‘(1) | The relevant regulator must ensure that it has appropriate arrangements for |
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| | monitoring and enforcing the restrictions imposed on regulated persons by |
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| | section [Rules against referral fees]. |
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| | (2) | A regulator may make rules for the purposes of subsection (1). |
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| | (3) | The rules may in particular provide for the relevant regulator to exercise in |
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| | relation to anything done in breach of that section any powers (subject to |
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| | subsections (5) and (6)) that the regulator would have in relation to anything done |
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| | by the regulated person in breach of another restriction. |
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| | (4) | Where the relevant regulator is the Financial Services Authority, section |
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| | [Regulation by the FSA] applies instead of subsections (1) to (3) (and (7) to (9)). |
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| | (5) | A breach of section [Rules against referral fees]— |
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| | (a) | does not make a person guilty of an offence, and |
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| | (b) | does not give rise to a right of action for breach of statutory duty. |
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| | (6) | A breach of section [Rules against referral fees] does not make anything void or |
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| | unenforceable, but a contract to make or pay for a referral or arrangement in |
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| | breach of that section is unenforceable. |
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| | (7) | Subsection (8) applies in a case where— |
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| | (a) | a referral of prescribed legal business has been made by or to a regulated |
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| | (b) | a regulated person has made an arrangement as mentioned in section |
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| | [Rules against referral fees](2)(a), |
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| | | and it appears to the regulator that a payment made to or by the regulated person |
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| | may be a payment for the referral or for making the arrangement (a “referral fee”). |
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| | (8) | Rules under subsection (2) may provide for the payment to be treated as a referral |
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| | fee unless the regulated person shows that the payment was made— |
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| | (a) | as consideration for the provision of services, or |
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| | | and not as a referral fee. |
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| | (9) | For the purposes of provision made by virtue of subsection (8) a payment that |
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| | would otherwise be regarded as consideration for the provision of services of any |
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| | description may be treated as a referral fee if it exceeds the amount specified in |
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| | relation to services of that description in regulations made by the Lord |
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| To move the following Clause:— |
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| | ‘(1) | The Treasury may make regulations to enable the Financial Services Authority, |
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| | where it is the relevant regulator, to take action for monitoring and enforcing |
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| | compliance with the restrictions imposed on regulated persons by section [Rules |
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| | (2) | The regulations may apply, or make provision corresponding to, any of the |
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| | provisions of the Financial Services and Markets Act 2000 with or without |
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| | (3) | Those provisions include in particular— |
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| | (a) | provisions as to investigations, including powers of entry and search and |
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| | (b) | provisions for the grant of an injunction in relation to a contravention or |
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| | anticipated contravention. |
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| | (c) | provisions giving Ministers or the Financial Services Authority powers |
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| | to make subordinate legislation; |
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| | (d) | provisions for the Financial Services Authority to charge fees. |
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| | (4) | The regulations may make provision corresponding to the provision that may be |
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| | made by virtue of section [Effect of the rules against referral fees](7) to (9) (but |
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| | as if the reference to the Lord Chancellor were a reference to the Treasury). |
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| | (5) | The power to make regulations under this section is subject to section [Effect of |
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| | the rules against referral fees](5) and (6).’. |
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| | Regulators and regulated persons |
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| To move the following Clause:— |
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| | ‘(1) | In relation to a referral of business within section [Rules against referral |
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| | (a) | a regulator is any person listed in column 1 below; |
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| | (b) | a regulated person is any person listed in column 2; |
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| | (c) | a regulator in column 1 is the relevant regulator in relation to the |
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| | corresponding person in column 2. |
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| | | | | | the Financial Services Authority |
| an authorised person (within the meaning of |
| | | | | the Financial Services and Markets Act |
| | | | | 2000) of a description specified in |
| | | | | regulations made by the Treasury |
| | | | the Claims Management Regulator |
| a person authorised by the Regulator under |
| | | | | section 5(1)(a) of the Compensation Act |
| | | | | 2006 to provide regulated claims |
| | | | | | | | | the General Council of the Bar |
| a person authorised by the Council to carry |
| | | | | on a reserved legal activity within the |
| | | | | meaning of the Legal Services Act 2007 |
| | | | | a person authorised by the Society to carry |
| | | | | on a reserved legal activity within the |
| | | | | meaning of the Legal Services Act 2007 |
| | | | a regulatory body specified for the |
| a person of a description specified in the |
| | | | purposes of this subsection in |
| regulations in relation to the body |
| | | | regulations made by the Lord |
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| | (2) | In relation to a referral of prescribed legal business of any other kind— |
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| | (a) | a regulator is any person listed in column 1 below and specified in |
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| | relation to business of that kind in regulations made by the Lord |
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| | (b) | a regulated person is any person specified in accordance with column 2 |
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| | in relation to business of that kind; |
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| | (c) | a person specified under paragraph (a) in relation to business of that kind |
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| | is the relevant regulator in relation to a person specified in accordance |
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| | with the corresponding entry in column 2 in relation to business of that |
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| | | | | | the Financial Services Authority |
| an authorised person (within the meaning of |
| | | | | the Financial Services and Markets Act |
| | | | | 2000) of a description specified in |
| | | | | regulations made by the Treasury |
| | | | the Claims Management Regulator |
| a person who is authorised by the Regulator |
| | | | | under section 5(1)(a) of the Compensation |
| | | | | Act 2006 to provide regulated claims |
| | | | | management services and is of a description |
| | | | | specified in regulations made by the Lord |
| | | | | | | | | an approved regulator for the |
| a person who is authorised by the regulator |
| | | | purposes of Part 3 of the Legal |
| to carry on a reserved legal activity and is of |
| | | | Services Act 2007 (approved legal |
| a description specified in regulations made |
| | | | | | | | | a licensing authority for the |
| a person who is licensed by the authority to |
| | | | purposes of Part 5 of that Act |
| carry on a reserved legal activity and is of a |
| | | | (alternative business structures) |
| description specified in regulations made by |
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| | Referral fees: regulations |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to any regulations under sections [Rules against referral |
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| | fees], [Effect of the rules against referral fees], [Regulation by the FSA] and |
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| | [Regulators and regulated persons]. |
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| | (2) | The regulations are to be made by statutory instrument. |
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| | (3) | The power to make the regulations includes power to make consequential, |
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| | supplementary, incidental, transitional, transitory or saving provision. |
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| | (4) | A statutory instrument containing the regulations may not be made unless a draft |
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| | of the instrument has been laid before, and approved by a resolution of, each |
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| | Removal of limit on certain fines on conviction by magistrates’ court |
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| To move the following Clause:— |
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| | ‘(1) | Where a relevant offence would, apart from this subsection, be punishable on |
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| | summary conviction by a fine or maximum fine of £5,000 or more (however |
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| | expressed), the offence is punishable on summary conviction by a fine of any |
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| | (2) | Where a relevant power could, apart from this subsection, be exercised to create |
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| | an offence punishable on summary conviction by a fine or maximum fine of |
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| | £5,000 or more (however expressed), the power may be exercised to create an |
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| | offence punishable on summary conviction by a fine of any amount. |
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| | (3) | For the purposes of this section, an offence or power is relevant if, immediately |
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| | before the commencement day, it is contained in an Act or an instrument made |
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| | under an Act (whether or not the offence or power is in force at that time). |
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| | (4) | Nothing in subsection (1) affects— |
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| | (a) | fines for offences committed before the commencement day, |
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| | (b) | fines that may be imposed on a person aged under 18, or |
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| | (c) | fines that may be imposed on a person convicted by a magistrates’ court |
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| | who is to be sentenced as if convicted on indictment, |
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| | | and nothing in subsection (2) affects a relevant power to the extent that it relates |
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| | (5) | The Secretary of State may by regulations— |
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| | (a) | make provision disapplying subsection (1) or (2), |
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| | (b) | make provision for a fine or maximum fine in relation to which |
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| | subsection (1) is disapplied to be increased instead in accordance with the |
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| | (c) | make provision for a power in relation to which subsection (2) is |
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| | disapplied to be exercisable to create an offence punishable on summary |
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| | conviction by a fine or maximum fine of a higher amount specified or |
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| | described in the regulations. |
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| | (6) | Subsection (7) applies in relation to a relevant offence that, immediately before |
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| | the commencement day, is punishable on summary conviction by a fine or |
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| | maximum fine expressed as a proportion of an amount of £5,000 or more |
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| | (however that amount is expressed). |
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| | (7) | The Secretary of State may by regulations make provision for the offence to be |
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| | punishable on summary conviction by a fine of that proportion of a higher amount |
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| | specified or described in the regulations. |
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| | (8) | Regulations under this section may not include provision affecting— |
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| | (a) | fines for offences committed before the regulations come into force, |
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| | (b) | fines that may be imposed on a person aged under 18, or |
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| | (c) | fines that may be imposed on a person convicted by a magistrates’ court |
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| | who is to be sentenced as if convicted on indictment, |
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| | | or provision affecting a relevant power to the extent that it relates to such fines. |
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| | (9) | Regulations under this section— |
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| | (a) | may make different provision for different cases or circumstances, |
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| | (b) | may make provision generally or only for specified cases or |
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| | (c) | may make consequential, incidental, supplementary, transitional, |
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| | transitory or saving provision. |
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| | (10) | The power under subsection (9)(c), and the power under section 115 to make |
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| | provision in relation to this section, include power to amend, repeal, revoke or |
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| | otherwise modify any provision which, immediately before the commencement |
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| | day, is contained in an Act or an instrument made under an Act (whether or not |
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| | the provision is in force at that time). |
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| | (11) | Regulations under this section are to be made by statutory instrument. |
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| | (12) | A statutory instrument containing regulations under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament. |
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| | (13) | If, immediately before the commencement day, the sum specified as level 5 on |
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| | the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard |
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| | scale of fines for summary offences) is greater than £5,000, the references in this |
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| | section to £5,000 have effect as if they were references to that sum. |
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| | (14) | For the purposes of this section, an offence is relevant whether it is a summary |
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| | offence or an offence triable either way. |
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| | “the commencement day” means the day on which subsection (1) of this |
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| | section comes into force; |
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| | “Act” includes an Act or Measure of the National Assembly for Wales.’. |
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| | Power to increase certain other fines on conviction by magistrates’ court |
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| To move the following Clause:— |
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