House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Legal Aid, Sentencing and Punishment of Offenders Bill
[The page and line references are to HL Bill 109, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 5, leave out from “secure” to end of line 6 and insert “(within the

resources made available and in accordance with this Part) that individuals have

access to legal services that effectively meet their needs”
2
Page 1, line 6, at end insert—

“( )
In exercising the duty under subsection (1), the Lord Chancellor must

ensure that victims of domestic violence are able to access civil legal

services in accordance with the financial eligibility criteria in section 20

(financial resources).”
Clause 4
3
Page 3, line 27, at end insert—

“( )
The Lord Chancellor must ensure that the terms on which the designated

person holds the post of Director are, as regards the making and

termination of the designation and otherwise, such as to ensure the

Director’s independence from Ministers of the Crown (subject to any

direction or guidance given under subsection (3)) in relation to the carrying

out of the Director’s functions under this Part.”
4
Page 3, line 27, at end insert—

“( )
In this section “Minister of the Crown” has the meaning given by the

Ministers of the Crown Act 1975.”
After Clause 6
5
Insert the following new Clause—

Bill 327 55/1

2


“Annual report

(1)
As soon as reasonably practicable after the end of each financial year, the

Director must prepare an annual report for the financial year.

(2)
The annual report must state how the Director has carried out the functions

of the office in the financial year.

(3)
The Director must send a copy of the report to the Lord Chancellor.

(4)
The Lord Chancellor must—

(a)
lay the copy of the report before Parliament, and

(b)
arrange for it to be published.

(5)
In this section “financial year” means—

(a)
the period beginning on the day on which section 4 comes into force

and ending on the following 31 March, and

(b)
each successive period of 12 months.”
Clause 8
6
Page 5, line 35, leave out from “order” to “(whether” in line 36 and insert “—

(c)
add services to Part 1 of Schedule 1, or

(d)
vary or omit services described in that Part,”
Clause 10
7
Page 7, line 24, leave out from “which” to “could” and insert “more than one form

of civil legal service”
8
Page 7, line 25, after second “the” insert “form of”
Clause 12
9
Page 8, line 30, leave out subsection (3)
10
Page 9, line 20, at end insert “, including assistance in the form of advocacy”
Clause 20
11
Page 15, line 16, leave out “The regulations” and insert “Regulations under

subsection (3)”
12
Page 15, line 42, leave out “12 or”
Clause 22
13
Page 17, line 22, leave out “for” and insert “to”
Clause 24
14
Page 19, line 12, leave out “for” and insert “to”
15
Page 19, line 30, after “available,” insert—

“( )
provision modifying the charge for the purposes of its application

in prescribed cases or circumstances,”
16
Page 19, line 31, leave out “its enforcement” and insert “the enforcement of the

3

charge”
Clause 25
17
Page 20, line 13, leave out “for” and insert “to”
18
Page 20, line 14, leave out first “for” and insert “to”
19
Page 20, line 18, leave out “for” and insert “to”
20
Page 20, line 27, leave out “for” and insert “to”
21
Page 20, line 35, leave out “for” and insert “to”
22
Page 20, line 38, leave out “for” and insert “to”
23
Page 20, line 42, at end insert—

“(6A)
Regulations may provide that an individual is to be treated, for the

purposes of subsection (1) or regulations under subsection (3) or (5), as

having or not having financial resources of a prescribed description (but

such regulations have effect subject to subsection (4)).

(6B)
Regulations under subsection (6A) may, in particular, provide that the

individual is to be treated as having prescribed financial resources of a

person of a prescribed description.”
Clause 26
24
Page 21, line 6, leave out subsection (2) and insert—

“( )
Notwithstanding subsection (1), the Lord Chancellor’s duty under section

1(1) must include a duty to secure that a person eligible to legal aid advice

is able to access it in a range of forms at the outset, including securing the

provision of initial face-to-face advice.”
Clause 38
25
Page 27, line 40, at end insert—

“(2)
Where the Lord Chancellor considers it appropriate as part of the

arrangements for effecting the transition from the operation of Part 1 of the

Access to Justice Act 1999 to the operation of this Part of this Act, the Lord

Chancellor may by regulations make provision requiring or enabling

prescribed 1999 Act services to be made available to individuals or other

persons under this Part for a period specified or described in the

regulations.

(3)
In subsection (2) “1999 Act services” means services which, immediately

before the day on which the first regulations under that subsection come

into force, may be funded under Part 1 of the Access to Justice Act 1999.

(4)
Where the Lord Chancellor considers it appropriate for the Legal Services

Commission to cease to exist before this Part is brought fully into force, the

Lord Chancellor may by regulations make provision for the purpose of

requiring or enabling the Lord Chancellor and the Director, or persons

authorised by the Lord Chancellor or the Director, to carry out LSC

functions for a period specified or described in the regulations.

4

(5)
In subsection (4) “LSC functions” means functions conferred or imposed on

the Legal Services Commission by or under Part 1 of the Access to Justice

Act 1999.

(6)
Regulations under subsection (4) may not include provision requiring or

enabling the Lord Chancellor—

(a)
to take decisions about whether services should be funded in

individual cases, or

(b)
to give directions or guidance about the carrying out of functions

under Part 1 of the Access to Justice Act 1999 in relation to

individual cases.

(7)
Regulations under this section—

(a)
may amend, repeal, revoke or otherwise modify Part 1 of the Access

to Justice Act 1999, this Part of this Act, any other Act and any

instrument made under an Act;

(b)
may describe a period, in particular, by reference to the coming into

force of a provision of this Part of this Act or the repeal of a

provision of Part 1 of the Access to Justice Act 1999.

(8)
The requirement for regulations under this section to specify or describe a

period does not prevent the making of further regulations under this

section.

(9)
The powers to make regulations under this section are without prejudice to

the generality of the powers to make regulations under the other

provisions of this Part and under section 132.

(10)
In this section “Act” includes an Act or Measure of the National Assembly

for Wales.”
Clause 40
26
Page 28, line 7, leave out “specified period” and insert “period specified or

described in the order, regulations or direction”
27
Page 28, line 24, leave out “subject to subsection (6)” and insert “unless it is an

instrument described in subsection (6) or (9)”
28
Page 28, line 30, at end insert—

“( )
regulations under section 10(1)(b), other than regulations in respect

of which the Lord Chancellor has made an urgency statement;

( )
regulations under section 12(9);”
29
Page 28, line 37, at end insert—

“( )
regulations under section 38 that amend or repeal a provision of an

Act (as defined in that section), other than regulations revoking

such regulations or inserting or repealing provision previously

repealed or inserted by such regulations;”
30
Page 28, line 40, at end insert—

“(8)
An urgency statement is a statement that the Lord Chancellor considers

that it is desirable for the regulations to come into force without delay for

the reasons given in the statement.

(9)
Where a statutory instrument contains regulations under section 10(1)(b) in

respect of which the Lord Chancellor has made an urgency statement—

5

(a)
the regulations may not come into force before the instrument and

the statement are laid before Parliament, and

(b)
the regulations cease to have effect at the end of the period of 120

days beginning with the day on which the instrument is made

unless the instrument is approved by a resolution of each House of

Parliament before the end of that period.

(10)
In reckoning the period of 120 days no account is to be taken of any time—

(a)
during which Parliament is dissolved or prorogued, or

(b)
during which both Houses are adjourned for more than 4 days.

(11)
Where regulations cease to have effect under subsection (9) that does not

affect—

(a)
anything previously done in reliance on the regulations, or

(b)
the making of further regulations.”
Before Clause 43
31
Insert the following new Clause—

“Exception in respiratory (industrial disease or illness) cases

The changes made by sections 43, 45 and 46 of this Act do not apply in

relation to proceedings which include a claim for damages for respiratory

disease or illness (whether or not resulting in death) arising from industrial

exposure to harmful substance.”
32
Insert the following new Clause—

“Exception for industrial disease cases

The changes made by sections 43, 45 and 46 of this Act do not apply in

relation to proceedings which include a claim for damages for a disease,

condition or illness (whether or not resulting in death) resulting from any

breach of duty owed by an employer to an employee.”
Clause 43
33
Page 30, line 21, leave out from “not” to end of line 23 and insert “prevent a costs

order including provision in relation to a success fee payable by a person (“P”)

under a conditional fee agreement entered into before the day on which that

subsection comes into force (“the commencement day”) if—

(a)
the agreement was entered into specifically for the purposes of the

provision to P of advocacy or litigation services in connection with

the matter that is the subject of the proceedings in which the costs

order is made, or

(b)
advocacy or litigation services were provided to P under the

agreement in connection with that matter before the

commencement day.”
Clause 46
34
Page 32, line 34, leave out “party to proceedings” and insert “person”
35
Page 32, line 35, leave out from beginning to “before”



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