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| Wednesday 2 November 2011 |
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| Legal Aid, Sentencing and Punishment of Offenders Bill, As
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 1 |
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| (OTHER THAN CLAUSES 7 AND 8 AND SCHEDULE 1) |
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| | Status of Director and Lord Chancellor |
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| To move the following Clause:— |
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| | ‘(1) | The Director is to carry out the functions of the office on behalf of the Crown. |
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| | (2) | Service as the Director is service in the civil service of the State. |
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| | (3) | The Lord Chancellor is to be treated as a corporation sole— |
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| | (a) | for all purposes relating to the acquisition, holding, management and |
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| | disposal of property and interests in property under this Part, and |
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| | (b) | for all other purposes relating to the Lord Chancellor’s functions in |
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| | connection with legal aid and other functions under this Part. |
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| | (4) | An instrument in connection with the acquisition, holding, management or |
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| | disposal by the Lord Chancellor of property or an interest in property under this |
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| | Part or for a purpose mentioned in subsection (3)(b) may be executed on the Lord |
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| | Chancellor’s behalf by a person authorised by the Lord Chancellor for that |
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| | (5) | Any such instrument purporting to have been executed by the Lord Chancellor or |
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| | on the Lord Chancellor’s behalf is to be received in evidence and, unless the |
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| | contrary is proved, to be treated as having been so executed.’. |
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| | Northern Ireland: information about financial resources |
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| To move the following Clause:— |
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| | ‘Schedule [Northern Ireland: information about financial resources] (Northern |
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| | Ireland: information about financial resources) has effect.’. |
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| | Extension of scope of legal aid in complex cases |
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| | Negatived on division NC17 |
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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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| | Funding for civil legal advice |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor may make funding available for the promotion of civil legal |
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| | advice on matters not included in Schedule 1, Part 1 where it appears to the Lord |
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| | Chancellor that the provision of such services would be consistent with the |
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| | purpose of the civil legal services provided for under that schedule. |
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| | (2) | The Lord Chancellor may make arrangements by— |
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| | (a) | entering into funding arrangements with other Government departments |
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| | and public bodies to facilitate the provision of services, |
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| | (b) | making arrangements to support the delivery of civil legal advice through |
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| | the provision of grant in aid to providers of legal services, including any |
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| | consortia or partnership arrangements into which providers of legal |
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| | services may choose to enter, and |
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| | (c) | any additional arrangements which the Lord Chancellor considers |
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| | appropriate to ensure the provision of services as set out in subsection (1). |
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| | (3) | In making any such arrangements the Lord Chancellor shall ensure that value for |
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| | (4) | Welsh Ministers shall be consulted upon the funding and provision of civil legal |
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| | (5) | “Civil legal advice” means the types of services given in section 7(1) and includes |
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| | advice and assistance which is usually given by any representative in the steps |
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| | preliminary or incidental to proceedings and as to any appeal, mediation and other |
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| | forms of dispute resolution, but does not include representation for the purposes |
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| To move the following Schedule:— |
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| | ‘Northern Ireland: information about financial resources |
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| | 1 (1) | The relevant authority may make an information request to— |
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| | (a) | the Secretary of State, |
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| | (b) | a relevant Northern Ireland Department, or |
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| | (c) | the Commissioners for Her Majesty’s Revenue and Customs (“the |
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| | (2) | An information request may be made under this paragraph only for the |
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| | purposes of facilitating a determination about an individual’s financial |
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| | resources for the purposes of — |
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| | (a) | the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 |
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| | (S.I. 1981/228 (N.I. 8)), or |
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| | (b) | the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435) |
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| | (3) | An information request made to the Secretary of State or a relevant Northern |
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| | Ireland Department under this paragraph may request the disclosure of some |
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| | or all of the following information— |
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| | (a) | a relevant individual’s full name and any previous names; |
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| | (b) | a relevant individual’s address and any previous addresses; |
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| | (c) | a relevant individual’s date of birth; |
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| | (d) | a relevant individual’s national insurance number; |
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| | (e) | a relevant individual’s benefit status at a time specified in the request; |
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| | (f) | information of a prescribed description. |
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| | (4) | An information request made to the Commissioners under this paragraph may |
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| | request the disclosure of some or all of the following information— |
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| | (a) | whether or not a relevant individual is employed or was employed at |
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| | a time specified in the request; |
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| | (b) | the name and address of the employer; |
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| | (c) | whether or not a relevant individual is carrying on a business, trade or |
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| | profession or was doing so at a time specified in the request; |
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| | (d) | the name under which it is or was carried on; |
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| | (e) | the address of any premises used for the purposes of carrying it on; |
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| | (f) | a relevant individual’s national insurance number; |
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| | (g) | a relevant individual’s benefit status at a time specified in the request; |
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| | (h) | information of a prescribed description. |
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| | (5) | The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h) |
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| | includes, in particular, information relating to— |
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| | (a) | prescribed income of a relevant individual for a prescribed period, and |
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| | (b) | prescribed capital of a relevant individual. |
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| | (6) | Information may not be prescribed under sub-paragraph (4)(h) without the |
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| | (7) | The Secretary of State, the relevant Northern Ireland Departments and the |
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| | Commissioners may disclose to the relevant authority information specified in |
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| | an information request made under this paragraph. |
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| | “benefit status”, in relation to an individual, means whether or not the |
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| | individual is in receipt of a prescribed benefit or benefits and, if so— |
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| | (a) | which benefit or benefits the individual is receiving, |
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| | (b) | whether the individual is entitled to the benefit or benefits alone |
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| | (c) | in prescribed cases, the amount the individual is receiving by |
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| | way of the benefit (or each of the benefits) (“the benefit |
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| | (d) | in prescribed cases, where the benefit consists of a number of |
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| | elements, what those elements are and the amount included in |
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| | respect of each element in calculating the benefit amount; |
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| | “financial resources”, in relation to an individual, includes an individual’s |
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| | means, disposable income and disposable capital; |
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| | “the relevant authority” means— |
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| | (a) | a prescribed person, or |
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| | (b) | in relation to circumstances for which no person is prescribed, |
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| | the chief executive of the Northern Ireland Legal Services |
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| | “a relevant individual”, in relation to an information request under this |
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| | paragraph for the purposes of a determination about an individual’s |
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| | financial resources, means— |
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| | (b) | any other individual whose financial resources are or may be |
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| | relevant for the purposes of the determination; |
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| | “relevant Northern Ireland Department” means the Department for Social |
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| | Development in Northern Ireland or the Department of Finance and |
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| | Personnel in Northern Ireland. |
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| | Restrictions on disclosing information |
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| | 2 (1) | A person to whom information is disclosed under paragraph 1 of this Schedule |
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| | or this sub-paragraph may disclose the information to any person to whom its |
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| | disclosure is necessary or expedient in connection with facilitating a |
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| | determination described in paragraph 1(2). |
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| | (2) | A person to whom such information is disclosed must not— |
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| | (a) | disclose the information other than in accordance with sub-paragraph |
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| | (b) | use the information other than for the purpose of facilitating a |
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| | determination described in paragraph 1(2). |
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| | (3) | Sub-paragraph (2) does not prevent— |
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| | (a) | the disclosure of information in accordance with an enactment or an |
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| | (b) | the disclosure of information for the purposes of the investigation or |
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| | prosecution of an offence (or suspected offence) under the law of |
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| | England and Wales or Northern Ireland or any other jurisdiction, |
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| | except as otherwise prescribed, |
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| | (c) | the disclosure of information for the purposes of instituting, or |
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| | otherwise for the purposes of, proceedings before a court, or |
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| | (d) | the disclosure of information which has previously been lawfully |
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| | (4) | A person who discloses or uses information in contravention of this paragraph |
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| | is guilty of an offence and liable— |
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| | (a) | on conviction on indictment, to imprisonment for a term not exceeding |
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| | 2 years or a fine (or both); |
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| | (b) | on summary conviction— |
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| | (i) | in England and Wales, to imprisonment for a term not |
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| | exceeding 12 months or a fine not exceeding the statutory |
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| | (ii) | in Northern Ireland, to imprisonment for a term not exceeding |
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| | 6 months or a fine not exceeding the statutory maximum (or |
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| | (5) | It is a defence for a person charged with an offence under this paragraph to |
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| | prove that the person reasonably believed that the disclosure or use was lawful. |
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| | (6) | In this paragraph “enactment” includes— |
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| | (a) | an enactment contained subordinate legislation (within the meaning of |
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| | the Interpretation Act 1978), and |
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| | (b) | an enactment contained in, or in an instrument made under, an Act or |
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| | Measure of the National Assembly for Wales or Northern Ireland |
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| | (7) | In relation to an offence under this paragraph committed before the |
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| | commencement of section 154(1) of the Criminal Justice Act 2003, the |
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| | reference in sub-paragraph (4)(b)(i) to 12 months has effect as if it were a |
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| | Power to make consequential and supplementary provision etc |
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| | 3 (1) | The Department of Justice in Northern Ireland may by regulations make |
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| | consequential, supplementary, incidental or transitional provision in relation to |
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| | this Schedule extending to Northern Ireland. |
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| | (2) | The regulations may, in particular— |
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| | (a) | amend, repeal, revoke or otherwise modify Northern Ireland |
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| | legislation passed before this Schedule comes into force or an |
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| | instrument made under such legislation, and |
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| | (b) | include transitory or saving provision. |
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| | 4 (1) | In this Schedule “prescribed” means prescribed by regulations made by the |
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| | Department of Justice in Northern Ireland. |
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| | (2) | The powers under this Schedule to make regulations are exercisable by |
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| | statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order |
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| | 1979 (S.I. 1979/1573 (N.I. 12)). |
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| | (3) | Regulations under this Schedule are subject to negative resolution within the |
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| | meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954, |
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| | subject to sub-paragraph (4). |
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| | (4) | The following regulations may not be made unless a draft of the regulations |
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| | has been laid before, and approved by a resolution of, the Northern Ireland |
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| | (a) | the first regulations under paragraph 1, and |
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| | (b) | regulations under paragraph 3 that amend or repeal Northern Ireland |
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| | legislation (whether alone or with other provision). |
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| | (5) | Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the |
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| | purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in |
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| | relation to the laying of a statutory document under an enactment (as defined |
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| | (6) | Subsections (1) to (3) of section 38 apply in relation to regulations made under |
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| | paragraph 1 or 2 of this Schedule as they apply in relation to regulations made |
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| | by the Lord Chancellor under this Part.’. |
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| Page 2, line 7 [Clause 1], at end insert— |
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| | ‘(c) | funding for the promotion of civil legal services, not including |
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| | representation, on matters not included in Schedule 1, Part 1 where it |
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| | appears to the Lord Chancellor that the provision of such services would |
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| | be consistent with the purpose of the civil legal services provided for |
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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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| 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 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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| Page 7, line 35 [Clause 10], at end insert— |
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| | ‘(7) | But the Director must determine that an individual qualifies for civil legal |
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| | services where the services relate to a matter falling within paragraph 10 of |
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| | (a) | the individual has been admitted to a refuge for persons suffering from |
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| | (b) | the individual has obtained medical or other professional services |
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| | relating to the consequences of domestic abuse, or |
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| | (c) | an assessment for the purpose of possible mediation of a family dispute |
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| | has concluded that the parties need not engage in mediation as a result of |
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| | | and in this subsection “domestic abuse” means abuse of the kind to which |
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| | paragraph 10(1) of Schedule 1 relates’. |
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| | Negatived on division 116 |
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| Page 8, line 29, leave out Clause 12. |
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| Page 8, line 31 [Clause 12], leave out from ‘station’ to end of line 20 on page 9. |
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| Page 8, line 35 [Clause 12], leave out subsections (2) to (7). |
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| Page 9, line 27 [Clause 12], leave out subsection (9) and insert— |
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| | ‘(9) | Sections 20 and 26(2) do not apply in relation to this section’. |
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