(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,
Sentencing and Punishment of Offenders Act 2011”.

(4) 5In 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;”.

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

(2) 10In 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) Omit subsection (8) (powers of Legal Services Commission).

15Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

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

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

(2) In subsection (2)—

(a) after “this section” insert “—

(a)”, and 20

(b) for 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) 25if he indicates that he does, the necessary
arrangements must be made for him to apply for it
and, where appropriate, obtain it.”

(3) Omit subsection (2A).

48 In section 51B(6)(b) (effect of notice given under section 51B in serious or
30complex fraud cases) 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 2011”.

49 In section 52A(7) (matters to which reporting restrictions do not apply) for
paragraph (h) substitute—

“(h) 35whether, 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.”

50 In paragraph 3(8) of Schedule 3 (matters to which reporting restrictions do
40not 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 Act 2011.”

Access to Justice Act 1999 (c. 22)Access to Justice Act 1999 (c. 22)

51 In 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
5Commission).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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

53 (1) Section 83(3) (exception to restriction on imposition of custodial sentence on
persons not legally represented) is amended as follows.

(2) 10In paragraph (a)—

(a) for the words from the beginning to “but the right” substitute
“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) 15for “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”.

54 In section 155(8) (alteration of Crown Court sentence) for “under section
17(2) of the Access to Justice Act 1999” substitute “relating to a requirement
20to make a payment under regulations under section 22 or 23 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2011”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

55 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) omit “The Legal Services Commission.”

25International Criminal Court Act 2001 (c. 17)International Criminal Court Act 2001 (c. 17)

56 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”.

30Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

57 In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension
of disclosure powers)—

(a) omit paragraph 47, and

(b) after paragraph 53D insert—

“53E 35Sections 33(2) and 34 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011.”

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

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

59 In section 245C(6)(b) (exclusion from property freezing order or prohibition
40on 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”.

60 In section 252(4A)(b) (exclusion from restriction on dealing with property)
45for “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 2003 (c. 21)Communications Act 2003 (c. 21)

61 In section 119(7)(a) of the Communications Act 2003 (charges to recover
costs of assistance in proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999 (c.22)1999 (c.22)” substitute
5“section 24 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”, and

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

Extradition Act 2003 (c. 41)Extradition Act 2003 (c. 41)

62 The Extradition Act 2003 is amended as follows.

63 10In section 45(7) (consent to extradition) for paragraph (a) substitute—

“(a) in 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;”.

64 15In section 127(8) (consent to extradition: general) for paragraph (a)
substitute—

“(a) in 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
20Punishment of Offenders Act 2011;”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

65 In 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
25was provided to the defendant or any of the defendants
under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011.”

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

66 In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
30(authorities within remit of Commissioner for Victims and Witnesses) omit
paragraph 21 (Legal Services Commission).

Equality Act 2006 (c. 3)Equality Act 2006 (c. 3)

67 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
5“section 24 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011 (statutory charge in connection with civil legal aid)”.

Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)

68 In section 194(6) of the Legal Services Act 2007 (payments in respect of pro
bono representation) for paragraph (b) substitute—

“(b) 10provided under arrangements made for the purposes of Part
1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2011.”

Criminal Justice and Immigration Act 2008 (c. 4)Criminal Justice and Immigration Act 2008 (c. 4)

69 In paragraph 19(2) of Schedule 1 to the Criminal Justice and Immigration Act
152008 (preconditions to imposing local authority residence requirement or
fostering requirement) for paragraph (a) (but not the “or” following it)
substitute—

“(a) that representation was made available to the offender for
the purposes of the proceedings under Part 1 of the Legal
20Aid, Sentencing and Punishment of Offenders Act 2011 but
was withdrawn because of the offender’s conduct,”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

70 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit
“The Legal Services Commission.”

25Terrorist Asset-Freezing etc Act 2010 (c. 38)2010 (c. 38)

71 In section 23(1)(d) (general power to disclose information) omit “the Legal
Services Commission,”.

Part 2 Repeals consequential on Part 1 of this Schedule

Section 52

SCHEDULE 6 Costs in criminal cases

Part 1 Prosecution of Offences Act 1985

5Introduction

1 The Prosecution of Offences Act 1985 is amended as follows.

Defence costs

2 (1) Section 16 (defence costs) is amended as follows.

(2) After subsection (6) insert—

“(6A) 10Where the court considers that there are circumstances that make it
inappropriate for the accused to recover the full amount mentioned
in subsection (6), a defendant’s costs order must be for the payment
out of central funds of such lesser amount as the court considers just
and reasonable.

(6B) 15Subsections (6) and (6A) have effect subject to—

(a) section 16A, and

(b) regulations under section 20(1A)(d).

(6C) When making a defendant’s costs order, the court must fix the
amount to be paid out of central funds in the order if it considers it
20appropriate to do so and—

(a) the accused agrees the amount, or

(b) subsection (6A) applies.

(6D) Where the court does not fix the amount to be paid out of central
funds in the order—

(a) 25it must describe in the order any reduction required under
subsection (6A), and

(b) the amount must be fixed by means of a determination made
by or on behalf of the court in accordance with procedures
specified in regulations made by the Lord Chancellor.”

(3) 30Omit subsections (7) and (9).

Legal costs

3 After section 16 insert—

“16A Legal costs

(1) A defendant’s costs order may not require the payment out of central
5funds of an amount that includes an amount in respect of the
accused’s legal costs, subject to the following provisions of this
section.

(2) Subsection (1) does not apply where condition A, B or C is met.

(3) Condition A is that the accused is an individual and the order is
10made under—

(a) section 16(1),

(b) section 16(3), or

(c) section 16(4)(a)(ii) or (iii) or (d).

(4) Condition B is that the accused is an individual and the legal costs
15were incurred in proceedings in a court below which were—

(a) proceedings in a magistrates’ court, or

(b) proceedings on an appeal to the Crown Court under section
108 of the Magistrates’ Courts Act 1980 (right of appeal
against conviction or sentence).

(5) 20Condition C is that the legal costs were incurred in proceedings in
the Supreme Court.

(6) The Lord Chancellor may by regulations make provision about
exceptions from the prohibition in subsection (1), including—

(a) provision amending this section by adding, modifying or
25removing an exception, and

(b) provision for an exception to arise where a determination has
been made by a person specified in the regulations.

(7) Regulations under subsection (6) may not remove or limit the
exception provided by condition C.

(8) 30Where a court makes a defendant’s costs order requiring the
payment out of central funds of an amount that includes an amount
in respect of legal costs, the order must include a statement to that
effect.

(9) Where, in a defendant’s costs order, a court fixes an amount to be
35paid out of central funds that includes an amount in respect of legal
costs incurred in proceedings in a court other than the Supreme
Court, the latter amount must not exceed an amount specified by
regulations made by the Lord Chancellor.

(10) In this section—

• 40“legal costs” means fees, charges, disbursements and other
  amounts payable in respect of advocacy services or litigation
  services including, in particular, expert witness costs;

• “advocacy services” means any services which it would be
  reasonable to expect a person who is exercising, or

  Legal Aid, Sentencing and Punishment of Offenders BillPage 148

  contemplating exercising, a right of audience in relation to
  any proceedings, or contemplated proceedings, to provide;

• “expert witness costs” means amounts payable in respect of the
  services of an expert witness, including amounts payable in
  5connection with attendance by the witness at court or
  elsewhere;

• “litigation services” means any services which it would be
  reasonable to expect a person who is exercising, or
  contemplating exercising, a right to conduct litigation in
  10relation to proceedings, or contemplated proceedings, to
  provide.”

Prosecution costs

4 (1) Section 17 (prosecution costs) is amended as follows.

(2) In subsection (1) for “subsection (2)” substitute “subsections (2) and (2A)”.

(3) 15After subsection (2) insert—

“(2A) Where the court considers that there are circumstances that make it
inappropriate for the prosecution to recover the full amount
mentioned in subsection (1), an order under this section must be for
the payment out of central funds of such lesser amount as the court
20considers just and reasonable.

(2B) When making an order under this section, the court must fix the
amount to be paid out of central funds in the order if it considers it
appropriate to do so and—

(a) the prosecutor agrees the amount, or

(b) 25subsection (2A) applies.

(2C) Where the court does not fix the amount to be paid out of central
funds in the order—

(a) it must describe in the order any reduction required under
subsection (2A), and

(b) 30the amount must be fixed by means of a determination made
by or on behalf of the court in accordance with procedures
specified in regulations made by the Lord Chancellor.”

(4) Omit subsections (3) and (4).

Costs of witnesses and appellants not in custody

5 (1) 35Section 19 (provision for orders as to costs in other circumstances) is
amended as follows.

(2) After subsection (3) insert—

“(3ZA) In relation to a sum that may be required by a court other than the
Supreme Court to be paid out of central funds under regulations
40under subsection (3)—

(a) the requirement under that subsection for the sum to be such
sum as the court considers reasonably necessary to cover or
compensate for expenses, fees, costs, trouble or losses is
subject to regulations made under section 20(1A)(d), and

(b) regulations under subsection (3) may make provision
accordingly.”

(3) After subsection (3C) insert—

“(3D) Regulations under subsection (3) may make provision generally or
5only in relation to particular descriptions of persons, expenses, fees,
costs, trouble or losses.”

(4) After subsection (4) insert—

“(4A) Subsection (4) has effect subject to regulations under section
20(1A)(d).

(4B) 10An order under subsection (4) may not require the payment out of
central funds of a sum that includes a sum in respect of legal costs (as
defined in section 16A), except where regulations made by the Lord
Chancellor provide otherwise.

(4C) Regulations under subsection (4B) may, in particular, include—

(a) 15provision for an exception to arise where a determination has
been made by a person specified in the regulations,

(b) provision requiring the court, when it orders the payment of
a sum that includes a sum in respect of legal costs, to include
a statement to that effect in the order, and

(c) 20provision that the court may not order the payment of a sum
in respect of legal costs exceeding an amount specified in the
regulations.”

Regulations

6 (1) Section 20 (regulations) is amended as follows.

(2) 25In subsection (1) omit the words from “and the regulations” to the end.

(3) After that subsection insert—

“(1A) The Lord Chancellor may by regulations—

(a) make provision as to the amounts that may be ordered to be
paid out of central funds in pursuance of a costs order,
30whether by specifying rates or scales or by making other
provision as to the calculation of the amounts,

(b) make provision as to the circumstances in which and
conditions under which such amounts may be paid or
ordered to be paid,

(c) 35make provision requiring amounts required to be paid out of
central funds by a costs order to be calculated having regard
to regulations under paragraphs (a) and (b),

(d) make provision requiring amounts required to be paid to a
person out of central funds by a relevant costs order to be
40calculated in accordance with such regulations (whether or
not that results in the fixing of an amount that the court
considers reasonably sufficient or necessary to compensate
the person), and

(e) make provision as to the review of determinations of
45amounts required to be paid out of central funds by costs
orders.