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Legal Aid, Sentencing and Punishment of Offenders Bill |
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[The page and line references are to HL Bill 109, the bill as first printed for the Lords.] |
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1 | Page 1, line 5, leave out from “secure” to end of line 6 and insert “(within the |
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| resources made available and in accordance with this Part) that individuals have |
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| access to legal services that effectively meet their needs” |
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2 | Page 1, line 6, at end insert— |
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| “( ) | In exercising the duty under subsection (1), the Lord Chancellor must |
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| ensure that victims of domestic violence are able to access civil legal |
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| services in accordance with the financial eligibility criteria in section 20 |
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3 | Page 3, line 27, at end insert— |
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| “( ) | The Lord Chancellor must ensure that the terms on which the designated |
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| person holds the post of Director are, as regards the making and |
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| termination of the designation and otherwise, such as to ensure the |
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| Director’s independence from Ministers of the Crown (subject to any |
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| direction or guidance given under subsection (3)) in relation to the carrying |
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| out of the Director’s functions under this Part.” |
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4 | Page 3, line 27, at end insert— |
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| “( ) | In this section “Minister of the Crown” has the meaning given by the |
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| Ministers of the Crown Act 1975.” |
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5 | Insert the following new Clause— |
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| (1) | As soon as reasonably practicable after the end of each financial year, the |
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| Director must prepare an annual report for the financial year. |
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| (2) | The annual report must state how the Director has carried out the functions |
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| of the office in the financial year. |
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| (3) | The Director must send a copy of the report to the Lord Chancellor. |
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| (4) | The Lord Chancellor must— |
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| (a) | lay the copy of the report before Parliament, and |
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| (b) | arrange for it to be published. |
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| (5) | In this section “financial year” means— |
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| (a) | the period beginning on the day on which section 4 comes into force |
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| and ending on the following 31 March, and |
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| (b) | each successive period of 12 months.” |
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6 | Page 5, line 35, leave out from “order” to “(whether” in line 36 and insert “— |
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| (c) | add services to Part 1 of Schedule 1, or |
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| (d) | vary or omit services described in that Part,” |
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7 | Page 7, line 24, leave out from “which” to “could” and insert “more than one form |
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8 | Page 7, line 25, after second “the” insert “form of” |
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9 | Page 8, line 30, leave out subsection (3) |
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10 | Page 9, line 20, at end insert “, including assistance in the form of advocacy” |
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11 | Page 15, line 16, leave out “The regulations” and insert “Regulations under |
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12 | Page 15, line 42, leave out “12 or” |
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13 | Page 17, line 22, leave out “for” and insert “to” |
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14 | Page 19, line 12, leave out “for” and insert “to” |
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15 | Page 19, line 30, after “available,” insert— |
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| “( ) | provision modifying the charge for the purposes of its application |
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| in prescribed cases or circumstances,” |
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16 | Page 19, line 31, leave out “its enforcement” and insert “the enforcement of the |
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17 | Page 20, line 13, leave out “for” and insert “to” |
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18 | Page 20, line 14, leave out first “for” and insert “to” |
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19 | Page 20, line 18, leave out “for” and insert “to” |
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20 | Page 20, line 27, leave out “for” and insert “to” |
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21 | Page 20, line 35, leave out “for” and insert “to” |
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22 | Page 20, line 38, leave out “for” and insert “to” |
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23 | Page 20, line 42, at end insert— |
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| “(6A) | Regulations may provide that an individual is to be treated, for the |
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| purposes of subsection (1) or regulations under subsection (3) or (5), as |
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| having or not having financial resources of a prescribed description (but |
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| such regulations have effect subject to subsection (4)). |
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| (6B) | Regulations under subsection (6A) may, in particular, provide that the |
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| individual is to be treated as having prescribed financial resources of a |
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| person of a prescribed description.” |
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24 | Page 21, line 6, leave out subsection (2) and insert— |
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| “( ) | Notwithstanding subsection (1), the Lord Chancellor’s duty under section |
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| 1(1) must include a duty to secure that a person eligible to legal aid advice |
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| is able to access it in a range of forms at the outset, including securing the |
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| provision of initial face-to-face advice.” |
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25 | Page 27, line 40, at end insert— |
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| “(2) | Where the Lord Chancellor considers it appropriate as part of the |
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| arrangements for effecting the transition from the operation of Part 1 of the |
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| Access to Justice Act 1999 to the operation of this Part of this Act, the Lord |
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| Chancellor may by regulations make provision requiring or enabling |
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| prescribed 1999 Act services to be made available to individuals or other |
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| persons under this Part for a period specified or described in the |
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| (3) | In subsection (2) “1999 Act services” means services which, immediately |
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| before the day on which the first regulations under that subsection come |
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| into force, may be funded under Part 1 of the Access to Justice Act 1999. |
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| (4) | Where the Lord Chancellor considers it appropriate for the Legal Services |
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| Commission to cease to exist before this Part is brought fully into force, the |
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| Lord Chancellor may by regulations make provision for the purpose of |
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| requiring or enabling the Lord Chancellor and the Director, or persons |
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| authorised by the Lord Chancellor or the Director, to carry out LSC |
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| functions for a period specified or described in the regulations. |
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| (5) | In subsection (4) “LSC functions” means functions conferred or imposed on |
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| the Legal Services Commission by or under Part 1 of the Access to Justice |
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| (6) | Regulations under subsection (4) may not include provision requiring or |
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| enabling the Lord Chancellor— |
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| (a) | to take decisions about whether services should be funded in |
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| (b) | to give directions or guidance about the carrying out of functions |
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| under Part 1 of the Access to Justice Act 1999 in relation to |
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| (7) | Regulations under this section— |
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| (a) | may amend, repeal, revoke or otherwise modify Part 1 of the Access |
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| to Justice Act 1999, this Part of this Act, any other Act and any |
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| instrument made under an Act; |
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| (b) | may describe a period, in particular, by reference to the coming into |
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| force of a provision of this Part of this Act or the repeal of a |
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| provision of Part 1 of the Access to Justice Act 1999. |
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| (8) | The requirement for regulations under this section to specify or describe a |
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| period does not prevent the making of further regulations under this |
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| (9) | The powers to make regulations under this section are without prejudice to |
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| the generality of the powers to make regulations under the other |
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| provisions of this Part and under section 132. |
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| (10) | In this section “Act” includes an Act or Measure of the National Assembly |
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26 | Page 28, line 7, leave out “specified period” and insert “period specified or |
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| described in the order, regulations or direction” |
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27 | Page 28, line 24, leave out “subject to subsection (6)” and insert “unless it is an |
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| instrument described in subsection (6) or (9)” |
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28 | Page 28, line 30, at end insert— |
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| “( ) | regulations under section 10(1)(b), other than regulations in respect |
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| of which the Lord Chancellor has made an urgency statement; |
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| ( ) | regulations under section 12(9);” |
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29 | Page 28, line 37, at end insert— |
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| “( ) | regulations under section 38 that amend or repeal a provision of an |
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| Act (as defined in that section), other than regulations revoking |
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| such regulations or inserting or repealing provision previously |
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| repealed or inserted by such regulations;” |
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30 | Page 28, line 40, at end insert— |
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| “(8) | An urgency statement is a statement that the Lord Chancellor considers |
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| that it is desirable for the regulations to come into force without delay for |
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| the reasons given in the statement. |
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| (9) | Where a statutory instrument contains regulations under section 10(1)(b) in |
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| respect of which the Lord Chancellor has made an urgency statement— |
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| (a) | the regulations may not come into force before the instrument and |
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| the statement are laid before Parliament, and |
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| (b) | the regulations cease to have effect at the end of the period of 120 |
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| days beginning with the day on which the instrument is made |
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| unless the instrument is approved by a resolution of each House of |
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| Parliament before the end of that period. |
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| (10) | In reckoning the period of 120 days no account is to be taken of any time— |
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| (a) | during which Parliament is dissolved or prorogued, or |
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| (b) | during which both Houses are adjourned for more than 4 days. |
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| (11) | Where regulations cease to have effect under subsection (9) that does not |
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| (a) | anything previously done in reliance on the regulations, or |
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| (b) | the making of further regulations.” |
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31 | Insert the following new Clause— |
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| “Exception in respiratory (industrial disease or illness) cases |
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| The changes made by sections 43, 45 and 46 of this Act do not apply in |
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| relation to proceedings which include a claim for damages for respiratory |
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| disease or illness (whether or not resulting in death) arising from industrial |
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| exposure to harmful substance.” |
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32 | Insert the following new Clause— |
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| “Exception for industrial disease cases |
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| The changes made by sections 43, 45 and 46 of this Act do not apply in |
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| relation to proceedings which include a claim for damages for a disease, |
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| condition or illness (whether or not resulting in death) resulting from any |
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| breach of duty owed by an employer to an employee.” |
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33 | Page 30, line 21, leave out from “not” to end of line 23 and insert “prevent a costs |
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| order including provision in relation to a success fee payable by a person (“P”) |
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| under a conditional fee agreement entered into before the day on which that |
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| subsection comes into force (“the commencement day”) if— |
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| (a) | the agreement was entered into specifically for the purposes of the |
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| provision to P of advocacy or litigation services in connection with |
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| the matter that is the subject of the proceedings in which the costs |
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| (b) | advocacy or litigation services were provided to P under the |
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| agreement in connection with that matter before the |
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34 | Page 32, line 34, leave out “party to proceedings” and insert “person” |
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35 | Page 32, line 35, leave out from beginning to “before” |
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