Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

22 Advocacy in proceedings in the Proscribed Organisations Appeal
Commission.

23 Advocacy in—

(a) prescribed legal proceedings relating to orders and procedures
5prescribed under paragraph 1(1)(k) of Part 1 of this Schedule;

(b) prescribed legal proceedings relating to orders and procedures
prescribed under paragraph 11(1)(g) of Part 1 of this Schedule;

(c) prescribed legal proceedings relating to community care services (as
defined in paragraph 6 of Part 1 of this Schedule).

24 10Advocacy in legal proceedings before any person to whom a case is referred
(in whole or in part) in any proceedings within the preceding paragraphs of
this Part of this Schedule.

Part 4 Interpretation

1 15For the purposes of this Part of this Act, civil legal services are described in
Part 1 of this Schedule if they are described in one of the paragraphs of that
Part (other than in an exclusion), even if they are (expressly or impliedly)
excluded from another paragraph of that Part.

2 References in this Schedule to an Act or instrument, or a provision of an Act
20or instrument—

(a) are references to the Act, instrument or provision as amended from
time to time, and

(b) include the Act, instrument or provision as applied by another Act or
instrument (with or without modifications).

3 25References in this Schedule to services provided in relation to an act,
omission or other matter of a particular description (however expressed)
include services provided in relation to an act, omission or other matter
alleged to be of that description.

4 References in this Schedule to services provided in relation to proceedings,
30orders and other matters include services provided when such proceedings,
orders and matters are contemplated.

5 (1) Where a paragraph of Part 1, 2 or 3 of this Schedule describes services that
consist of or include services provided in relation to proceedings, the
description is to be treated as including, in particular—

(a) 35services provided in relation to related bail proceedings,

(b) services provided in relation to preliminary or incidental
proceedings,

(c) services provided in relation to a related appeal or reference to a
court, tribunal or other person, and

(d) 40services provided in relation to the enforcement of decisions in the
proceedings.

(2) Regulations may make provision specifying whether proceedings are or are
not to be regarded as preliminary or incidental for the purposes of sub-
paragraph (1).

6 45For the purposes of this Schedule, regulations may make provision about—

(a) when services are provided in relation to a matter;

(b) when matters arise under a particular enactment;

(c) when proceedings are proceedings under a particular enactment.

7 In this Schedule “enactment” includes—

(a) 5an enactment contained in subordinate legislation (within the
meaning of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act
or Measure of the National Assembly for Wales.

Section 23

SCHEDULE 2 10Criminal legal aid: motor vehicle orders

Amounts payable in connection with criminal legal aid

1 (1) This Schedule makes provision about the recovery of—

(a) an amount payable in connection with the provision of criminal legal
aid which is unpaid after the time when it is required to be paid
15under section 22,

(b) interest in respect of such an amount which is required to be paid
under that section, and

(c) an amount required to be paid under section 23 in respect of costs
incurred in connection with the enforcement of an obligation to pay
20an amount or interest described in paragraph (a) or (b).

(2) Such amounts and interest are referred to in this Schedule as “relevant
overdue amounts”.

(3) In this Schedule “criminal legal aid” means—

(a) advice and assistance required to be made available under section 12
25or 14, and

(b) representation required to be made available made under section 15.

Recovery by means of motor vehicle orders

2 (1) Regulations under section 23 may authorise a court to make motor vehicle
orders in respect of an individual for the purpose of enabling a relevant
30overdue amount required to be paid by the individual to be recovered by the
person to whom the amount is due.

(2) Regulations that make such provision are referred to in this Schedule as
“MVO regulations”.

(3) In this Schedule “court” means the High Court, a county court or a
35magistrates’ court.

Motor vehicle orders

3 (1) In this Schedule “motor vehicle order” means—

(a) a clamping order;

(b) a vehicle sale order.

(2) A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device
(“clamped”), and

(b) which complies with any requirements that are imposed by MVO
5regulations with respect to the making of clamping orders.

(3) A vehicle sale order is an order that—

(a) a motor vehicle which is the subject of a clamping order is to be sold
or otherwise disposed of in accordance with provision made by
MVO regulations, and

(b) 10any proceeds are to be applied, in accordance with MVO regulations,
in discharging the individual’s liability in respect of the relevant
overdue amount.

(4) MVO regulations may make provision in connection with—

(a) the procedure for making motor vehicle orders,

(b) 15the matters which must be included in such orders,

(c) the fitting of immobilisation devices,

(d) the fixing of notices to motor vehicles to which immobilisation
devices have been fitted and the content of such notices,

(e) the removal and storage of motor vehicles,

(f) 20the release of motor vehicles from immobilisation devices or from
storage, including the conditions to be met before a motor vehicle is
released,

(g) the sale or other disposal of motor vehicles not released,

(h) the imposition of charges in connection with the fitting of
25immobilisation devices,

(i) the imposition of charges in connection with the removal, storage,
release (whether from immobilisation devices or from storage), sale
or disposal of motor vehicles, and

(j) the recovery of charges described in paragraphs (h) and (i), including
30provision for them to be recovered from the proceeds of sale of motor
vehicles.

(5) In this Schedule—

• “immobilisation device” has the same meaning as in section 104(9) of
  the Road Traffic Regulation Act 1984 (immobilisation of vehicles
  35illegally parked);

• “motor vehicle” means a mechanically propelled vehicle intended or
  adapted for use on roads, except that section 189 of the Road Traffic
  Act 1988 (exceptions for certain vehicles) applies for the purposes of
  this Schedule as it applies for the purposes of the Road Traffic Acts.

40Applications

4 MVO regulations must provide that a motor vehicle order may be made in
relation to a relevant overdue amount only on the application of the person
to whom the amount is due.

Matters of which court to be satisfied

5 (1) 45MVO regulations must provide that, before a court makes a clamping order
in respect of an individual, it must be satisfied—

(a) that the failure to pay the relevant overdue amount is attributable to
the individual’s wilful refusal or culpable neglect, and

(b) that the value of the motor vehicle or vehicles to be clamped, if sold,
would be likely to be an amount which exceeds half of the estimated
5recoverable amount.

(2) In this paragraph “the estimated recoverable amount” means the aggregate
of—

(a) the relevant overdue amount, and

(b) the amount of the likely charges due under MVO regulations in
10relation to the motor vehicle or vehicles.

Ownership of motor vehicles

6 (1) MVO regulations must provide that a clamping order must not be made
except in relation to a motor vehicle which is owned by the individual liable
to pay the relevant overdue amount.

(2) 15For this purpose a motor vehicle is owned by an individual if the individual
has an interest in the motor vehicle.

Motor vehicles used by disabled persons

7 (1) MVO regulations must provide that an immobilisation device may not be
fitted to a motor vehicle—

(a) 20which displays a current disabled person’s badge or a current
recognised badge, or

(b) in relation to which there are reasonable grounds for believing that it
is used for the carriage of a disabled person.

(2) In this paragraph—

• 25“disabled person’s badge” means a badge issued, or having effect as if
  issued, under regulations under section 21 of the Chronically Sick
  and Disabled Persons Act 1970 (badges for display on motor vehicles
  used by disabled persons);

• “recognised badge” has the meaning given by section 21A of the
  30Chronically Sick and Disabled Persons Act 1970 (recognition of
  badges issued outside Great Britain).

Restrictions on making vehicle sale orders

8 MVO regulations must provide that, where a motor vehicle has been
clamped under a clamping order, no vehicle sale order may be made in
35respect of the motor vehicle before the end of a prescribed period.

Section 30

SCHEDULE 3 Legal aid for legal persons

Legal persons

1 In this Schedule “legal person” means a person other than an individual.

Exceptional case determinations

2 (1) For the purposes of this Schedule, in relation to a legal person and civil legal
services, advice, assistance or representation for the purposes of criminal
proceedings, an exceptional case determination is a determination that sub-
5paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if it is necessary to make the services
available to the legal person under this Part because failure to do so would
be a breach of—

(a) the person’s Convention rights (within the meaning of the Human
10Rights Act 1998), or

(b) any rights of the person to the provision of legal services that are
enforceable EU rights.

(3) This sub-paragraph is satisfied if it is appropriate to make the services
available to the legal person under this Part, in the particular circumstances
15of the case, having regard to any risk that failure to do so would be such a
breach.

Civil legal aid

3 (1) Civil legal services are to be available to a legal person under this Part only
if the Director—

(a) 20has made an exceptional case determination in relation to the person
and the services, and

(b) has determined that the person qualifies for the services in
accordance with this Part,

(and has not withdrawn either determination).

(2) 25Sections 10 and 11(1) apply in relation to a determination under sub-
paragraph (1)(b) as they apply in relation to a determination under section
9(2)(b).

(3) Subsections (2) to (6) of section 11 apply in relation to a determination under
this paragraph as they apply in relation to a determination under section 9.

(4) 30In sections 10 and 11 as applied by this paragraph, references to an
individual include a legal person.

Advice and assistance for criminal proceedings

4 (1) Regulations may provide that prescribed advice and assistance is to be
available under this Part to a legal person described in sub-paragraph (2)
35if—

(a) prescribed conditions are met,

(b) the Director has made an exceptional case determination in relation
to the person and the advice and assistance (and has not withdrawn
that determination), and

(c) 40the Director has determined that the legal person qualifies for such
advice and assistance in accordance with the regulations (and has
not withdrawn that determination).

(2) Those legal persons are—

(a) legal persons who are involved in investigations which may lead to
45criminal proceedings, and

(b) legal persons who are before a court, tribunal or other person in
criminal proceedings.

(3) Subsections (3) to (9) of section 14 apply in relation to regulations under this
paragraph (and decisions made under such regulations) as they apply in
5relation to regulations under that section (and decisions made under such
regulations).

(4) In those subsections as applied by this paragraph, references to an
individual include a legal person.

(5) In this paragraph “assistance” includes, in particular, assistance in the form
10of advocacy.

Representation for criminal proceedings

5 (1) Representation for the purposes of criminal proceedings is to be available
under this Part to a legal person if—

(a) the person is a specified legal person in relation to the proceedings,
15or

(b) the proceedings involve the person resisting an appeal to the Crown
Court otherwise than in an official capacity,

and the conditions in sub-paragraph (2) are met.

(2) Those conditions are that the Director—

(a) 20has made an exceptional case determination in relation to the legal
person and representation for the purposes of the proceedings, and

(b) has determined (provisionally or otherwise) that the legal person
qualifies for such representation in accordance with this Part,

(and has not withdrawn either determination).

(3) 25Where a legal person qualifies under this Part for representation for the
purposes of criminal proceedings, representation is also to be available to
the legal person for the purposes of any preliminary or incidental
proceedings.

(4) Regulations under section 15(4) and (5) apply for the purposes of sub-
30paragraph (3) as they apply for the purposes of section 15(3), except to the
extent that the regulations provide otherwise.

(5) Section 16(1)(b) applies in relation to an exceptional case determination
under sub-paragraph (2)(a) as it applies in relation to a determination under
section 15.

(6) 35Paragraphs (a) and (b) of section 16(1) apply in relation to a determination
under sub-paragraph (2)(b) as they apply in relation to a determination
under section 15.

(7) Subsections (2) to (7) of section 17 apply in relation to a determination under
sub-paragraph (2) (and a decision in relation to the interests of justice for the
40purposes of such a determination) as they apply in relation to a
determination under section 15 (and a decision for the purposes of such a
determination).

(8) The Director may not make a provisional determination under sub-
paragraph (2)(b) unless authorised to do so by regulations under sub-
45paragraph (9).

(9) Regulations may provide that the Director may make a provisional
determination that a legal person qualifies under this Part for representation
for the purposes of criminal proceedings where—

(a) the legal person is involved in an investigation which may result in
5criminal proceedings,

(b) the determination is made for the purposes of criminal proceedings
that may result from the investigation, and

(c) any prescribed conditions are met.

(10) Subsections (2) and (3) of section 19 apply in relation to regulations under
10sub-paragraph (9) (and determinations and decisions made under such
regulations) as they apply in relation to regulations under that section (and
determinations and decisions made under such regulations).

(11) In sections 16, 17 and 19 as applied by this paragraph—

(a) references to an individual include a legal person,

(b) 15references to the relevant authority have effect as if they were
references to the Director, and

(c) the reference in section 19(2)(d) to a determination made by the
Director or a court in reliance on section 17 or 18 has effect as if it
were a reference to a determination by the Director under sub-
20paragraph (2)(b) made otherwise than in reliance on regulations
under sub-paragraph (9).

(12) Regulations may prescribe circumstances in which making representation
available to a legal person for the purposes of criminal proceedings is to be
taken to be in the interests of justice for the purposes of a determination
25under this paragraph.

(13) In this paragraph “specified legal person”, in relation to criminal
proceedings, means a description of legal person specified in regulations in
relation to those proceedings.

Financial resources

6 30Section 20 applies for the purposes of a determination under paragraph
3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the
references to an individual included a legal person.

Contributions and costs

7 In sections 22, 23, 24 and 25 and Schedule 2, references to an individual
35include a legal person for whom services are made available under this Part
in accordance with this Schedule or regulations under this Schedule.

8 In Schedule 2, references to criminal legal aid include advice, assistance and
representation required to be made available under paragraph 4 or 5 of this
Schedule.

40Providers of services etc

9 (1) Section 26 applies in relation to the provision of services to a legal person in
accordance with this Schedule or regulations under this Schedule as it
applies in relation to the provision of services to an individual under this
Part.

(2) In that section as applied by this paragraph—

(a) references to an individual include a legal person,

(b) the reference to a determination under section 15 includes a
determination under paragraph 5(2)(b) of this Schedule, and

(c) 5the reference to regulations under section 14 includes regulations
under paragraph 4 of this Schedule.

(3) In sections 27, 28 and 29, references to an individual include a legal person
for whom services are made available under this Part in accordance with this
Schedule or regulations under this Schedule.

10Supplementary matters

10 (1) In sections 33, 34 and 40(2), references to an individual include a legal person
for whom services are made available under this Part in accordance with this
Schedule or regulations under this Schedule or who is seeking the provision
of such services.

Section 37

15SCHEDULE 4 Transfer of employees and property etc of Legal Services Commission

Part 1 Transfer of employees etc

Transfer

1 (1) 20An individual who is an employee of the Legal Services Commission (“the
LSC”) immediately before the transfer day becomes employed in the civil
service of the State on that day.

(2) The terms and conditions of the individual’s contract of employment
immediately before the transfer day have effect, on and after that day, as if
25they were terms and conditions of the individual’s employment in the civil
service of the State, subject to paragraph 4(1) and (2).

(3) All of the rights, powers, duties and liabilities of the LSC in connection with
the individual’s employment are transferred to the Crown on the transfer
day, subject to paragraph 4(1) and (2).

(4) 30Anything done (or having effect as if done) before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
virtue of sub-paragraphs (1) to (3),

is to have effect, so far as necessary for continuing its effect on and after that
35day, as if done by or in relation to the Crown.

(5) Anything which is in the process of being done immediately before the
transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
40virtue of sub-paragraphs (1) to (3),

may be continued by or in relation to the Crown.

(6) A reference to the LSC in a document, including an enactment, constituting
or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to
have effect, so far as is necessary for giving effect to those sub-paragraphs,
5as a reference to the Crown.

Continuity of employment

2 A transfer under paragraph 1 does not break the continuity of the
individual’s employment and accordingly—

(a) the individual is not to be regarded for the purposes of Part 11 of the
10Employment Rights Act 1996 (redundancy) as having been
dismissed by reason of that transfer, and

(b) the individual’s period of employment with the LSC counts as a
period of employment in the civil service of the State for the
purposes of that Act.

15Right to object to transfer

3 (1) This paragraph has effect where, before the transfer day, an individual who
is an employee of the LSC informs the LSC or the Lord Chancellor that the
individual objects to becoming employed in the civil service of the State by
virtue of paragraph 1(1).

(2) 20Where this paragraph has effect—

(a) the individual does not become employed in the civil service of the
State by virtue of paragraph 1(1),

(b) the rights, powers, duties and liabilities under the individual’s
contract of employment do not transfer by virtue of paragraph 1(3),

(c) 25the individual’s contract of employment terminates immediately
before the transfer day, and

(d) the individual is not to be treated, for any purpose, as having been
dismissed by the LSC by reason of the termination of the contract
under this paragraph.

30Pension schemes and compensation schemes

4 (1) On and after the transfer day, the terms and conditions of employment of an
individual who is employed in the civil service of the State by virtue of
paragraph 1(1) do not include any term or condition that was part of the
individual’s contract of employment immediately before the transfer day
35and that relates to—

(a) an occupational pension scheme,

(b) a compensation scheme, or

(c) rights, powers, duties or liabilities under or in connection with such
a scheme.

(2) 40Accordingly, paragraph 1(3) does not apply in relation to rights, powers,
duties or liabilities under or in connection with an occupational pension
scheme or a compensation scheme.

(3) The Lord Chancellor may make one or more schemes providing for the
transfer to the Lord Chancellor or the Secretary of State of the LSC’s rights,
45powers, duties and liabilities under or in connection with—

(a) an occupational pension scheme, or

(b) a compensation scheme,

whether the rights, powers, duties and liabilities arise under the
occupational pension scheme or compensation scheme, under an enactment,
5under a contract of employment or otherwise.

(4) A transfer scheme may provide that anything done (or having effect as if
done) before the day on which the transfer scheme takes effect—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
10virtue of the transfer scheme,

is to have effect, so far as is necessary for continuing its effect on and after
that day, as if done by or in relation to the transferee.

(5) A transfer scheme may provide that anything which is in the process of
being done immediately before the day on which the transfer scheme takes
15effect—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
virtue of the transfer scheme,

may be continued by or in relation to the transferee.

(6) 20A transfer scheme may provide that a reference to the LSC in a document,
including an enactment, constituting or relating to anything transferred by
virtue of the scheme is to have effect, so far as is necessary for giving effect
to that scheme, as a reference to the transferee.

(7) A transfer scheme may, so far as is necessary for giving effect to that scheme,
25provide that an enactment that applies in relation to compensation schemes
or occupational pension schemes applies to a compensation scheme or
occupational pension scheme that is the subject of the transfer scheme, the
members of such a scheme or the transferee with modifications specified in
the transfer scheme.

(8) 30A transfer scheme may—

(a) amend or otherwise modify a compensation scheme that is the
subject of the transfer scheme, and

(b) create, modify or remove rights, powers, duties or liabilities under or
in connection with such a scheme.

(9) 35The power under sub-paragraph (8) includes power to amend or otherwise
modify any instrument relating to the constitution, management or
operation of a compensation scheme.

(10) Transfer schemes amending or otherwise modifying a compensation
scheme have effect in spite of any provision (of any nature) which would
40otherwise prevent or restrict the amendment or modification.

(11) A transfer scheme may include consequential, incidental, supplementary,
transitional, transitory and saving provision.

(12) In this paragraph—

• “compensation scheme” means so much of any scheme as makes
  45provision for payment by way of compensation on or in respect of
  termination of employment;

Legal Aid, Sentencing and Punishment of Offenders BillPage 150

• “occupational pension scheme” has the same meaning as in the Pension
  Schemes Act 1993;

• “transfer scheme” means a scheme made under sub-paragraph (3).

Power to merge LSC occupational pension schemes

5 (1) 5The Lord Chancellor may make a scheme providing for the merger of LSC
occupational pension schemes.

(2) A scheme under this paragraph may in particular—

(a) provide for the assets and liabilities of one LSC occupational pension
scheme to become assets and liabilities of another,

(b) 10create, modify or remove rights, powers, duties or liabilities under or
in connection with an LSC occupational pension scheme,

(c) provide for the winding up of an LSC occupational pension scheme,

(d) provide for references to one LSC occupational pension scheme in a
document, including an enactment, to have effect as references to
15another, and

(e) include consequential, incidental, supplementary, transitional,
transitory and saving provision.

(3) A scheme under this paragraph may in particular amend or otherwise
modify—

(a) 20the trust deed of an LSC occupational pension scheme,

(b) rules of an LSC occupational pension scheme, and

(c) any other instrument relating to the constitution, management or
operation of an LSC occupational pension scheme.

(4) A scheme under this paragraph must ensure that the merger of the LSC
25occupational pension schemes does not, to any extent, deprive members of
the LSC occupational pension schemes, or other beneficiaries under those
schemes, of rights that accrue to them under those schemes before the
merger takes effect.

(5) Subject to sub-paragraph (4), a scheme under this paragraph has effect in
30spite of any provision (of any nature) which would otherwise prevent the
merger of the LSC occupational pension schemes.

(6) In this paragraph—

• “LSC occupational pension scheme” means an occupational pension
  scheme under which—

  (a)

  35the LSC has rights, powers, duties or liabilities, or

  (b)

  the Lord Chancellor or the Secretary of State has rights,
  powers, duties or liabilities by virtue of a scheme under
  paragraph 4(3);

• “occupational pension scheme” has the same meaning as in the Pension
  40Schemes Act 1993.

Part 2 Transfer of property etc

Transfer of interests in land

6 (1) The LSC’s interests in land are by virtue of this sub-paragraph transferred to
5the Secretary of State for Communities and Local Government on the
transfer day.

(2) Anything done (or having effect as if done) before the transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
10virtue of sub-paragraph (1),

is to have effect, so far as is necessary for continuing its effect on and after
that day, as if done by or in relation to the Secretary of State for Communities
and Local Government.

(3) Anything which is in the process of being done immediately before the
15transfer day—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
virtue of sub-paragraph (1),

may be continued by or in relation to the Secretary of State for Communities
20and Local Government.

(4) A reference to the LSC in a document, including an enactment, constituting
or relating to anything transferred by virtue of sub-paragraph (1) is to have
effect, so far as is necessary for giving effect to that sub-paragraph, as a
reference to the Secretary of State for Communities and Local Government.

(5) 25In this paragraph—

• “interest in land” means—

  (a)

  an estate or interest in land, and

  (b)

  any rights, powers, duties or liabilities of the LSC in
  connection with such an estate or interest,

• 30but does not include a charge on an estate or interest in land;

• “land” includes buildings and other structures.

Transfer of other property, rights and liabilities

7 (1) The property, rights, powers, duties and liabilities of the LSC are by virtue
of this sub-paragraph transferred to the Lord Chancellor on the transfer day.

(2) 35Sub-paragraph (1) does not apply to—

(a) property, rights, powers, duties and liabilities transferred by virtue
of paragraph 1 or 6, or

(b) rights, powers, duties and liabilities described in paragraph 4(3).

(3) Anything done (or having effect as if done) before the transfer day—

(a) 40by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
virtue of sub-paragraph (1),

is to have effect, so far as is necessary for continuing its effect on and after
that day, as if done by or in relation to the Lord Chancellor.

(4) Anything which is in the process of being done immediately before the
transfer day—

(a) 5by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by
virtue of sub-paragraph (1),

may be continued by or in relation to the Lord Chancellor.

(5) A reference to the LSC in a document, including an enactment, constituting
10or relating to anything transferred by virtue of sub-paragraph (1) is to have
effect, so far as is necessary for giving effect to that sub-paragraph, as a
reference to the Lord Chancellor.

Part 3 Supplementary

15Disapplying restrictions on transfer

8 Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation
to property, rights, powers, duties and liabilities in spite of any provision (of
any nature) which would otherwise prevent or restrict their transfer.

Certificate

9 20A certificate issued by the Lord Chancellor stating that anything specified in
the certificate has vested in a person specified in the certificate by virtue of
any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive
evidence of that fact for all purposes.

Validity

10 25The transfer of property, rights, powers, duties or liabilities by any of
paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the
validity of anything done by or in relation to the LSC before that paragraph
or scheme has effect.

Power to make further provision

11 (1) 30The Lord Chancellor may by regulations make consequential,
supplementary, incidental, transitional, transitory or saving provision in
connection with—

(a) transfers effected by this Schedule, or

(b) schemes made under this Schedule.

(2) 35The regulations may, in particular, include provision modifying an
enactment (whenever passed or made), including this Schedule.

Interpretation

12 In this Schedule—

• “the LSC” means the Legal Services Commission;

• 40“the transfer day” means the day on which section 1 comes into force;

Legal Aid, Sentencing and Punishment of Offenders BillPage 153

• “enactment” means an enactment contained in an Act or an instrument
  made under an Act (and “Act” includes an Act or Measure of the
  National Assembly for Wales).

Section 38

SCHEDULE 5 5Legal aid: consequential amendments

Part 1 Amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1 In Schedule 1 to the Public Records Act 1958 (definition of public records),
10in Part 1 of the Table at the end of paragraph 3, in the second column omit
“Legal Services Commission.”

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit “Legal Services Commission.”

15Criminal Appeal Act 1968 (c. 19)Criminal Appeal Act 1968 (c. 19)

3 In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in
subsection (3) for “under section 17 of the Access to Justice Act 1999”
substitute “relating to a requirement to make a payment under regulations
under section 22 or 23 of the Legal Aid, Sentencing and Punishment of
20Offenders Act 2011”.

Children and Young Persons Act 1969 (c. 54)Children and Young Persons Act 1969 (c. 54)

4 (1) Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on
imposing security requirement on child or young person who is not legally
represented) is amended as follows.

(2) 25In paragraph (a)—

(a) for the words from the beginning to “but the right” substitute
“representation was provided to the child or young person under
Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011 for the purposes of the proceedings but”, and

(b) 30for “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”.

5 (1) In section 23 of that Act as it has effect pursuant to section 98 of the Crime
and Disorder Act 1998 (restrictions on remand of boy who is not legally
35represented), subsection (4A) is amended as follows.

(2) In paragraph (a)—

(a) for the words from the beginning to “but the right” substitute
“representation was provided to the person under Part 1 of the Legal

Aid, Sentencing and Punishment of Offenders Act 2011 for the
purposes of the proceedings but”, and

(b) for “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
5representation”.

Attachment of Earnings Act 1971 (c. 32)Attachment of Earnings Act 1971 (c. 32)

6 In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which
magistrates’ court may make attachment of earnings order) for the words
from “paid by” to the end substitute “paid under regulations under section
1022 or 23 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.

Solicitors Act 1974 (c. 47)Solicitors Act 1974 (c. 47)

7 The Solicitors Act 1974 is amended as follows.

8 (1) Section 47 (jurisdiction and powers of Tribunal) is amended as follows.

(2) 15In subsections (2)(d), (2B) and (2D) for “providing representation funded by
the Legal Services Commission as part of the Criminal Defence Service”
substitute “criminal legal aid work”.

(3) In subsection (2A)—

(a) for “providing representation” substitute “criminal legal aid work”,
20and

(b) for “funded by the Legal Services Commission as part of the
Community Legal Service or Criminal Defence Service” substitute
“provided under arrangements made for the purposes of Part 1 of
the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(4) 25After subsection (3B) insert—

“(3C) In this section “criminal legal aid work” means the provision under
arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 of—

(a) advice or assistance described in section 12 or 14 of that Act,
30or

(b) representation for the purposes of criminal proceedings.”

9 In section 49(3) (appeals from Tribunal) for “providing representation
funded by the Legal Services Commission as part of the Criminal Defence
Service” substitute “criminal legal aid work (as defined in that section)”.

35House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

10 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit “The Legal Services
Commission.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

11 40In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit “The Legal
Services Commission.”

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

12 The Magistrates’ Courts Act 1980 is amended as follows.

13 In section 8(4) (matters which may be contained in report of committal
proceedings without an order) for paragraph (i) substitute—

“(i) 5whether, 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.”

14 In section 8A(5) (power to make ruling at pre-trial hearing)—

(a) 10in paragraph (a) for the words from “to be granted” to “Criminal
Defence Service” 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) in paragraph (b) for “the Legal Services Commission must decide
15whether or not to grant him that right” substitute “the necessary
arrangements must be made for him to apply for it and, where
appropriate, obtain it”.

15 In section 8C(7) (matters to which reporting restrictions do not apply) for
paragraph (g) substitute—

“(g) 20whether, 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.”

16 In section 92(1)(b) (exception to restriction on power to impose
25imprisonment for default) for the words from “under section 17(2)” to
“criminal case” substitute “made by a court under regulations under section
22 of the Legal Aid, Sentencing and Punishment of Offenders Act 2011
(payment by individual in respect of legal aid)”.

17 In section 130(3) (powers of alternate court on transfer of remand hearing)
30for the words from “all the powers” to end substitute “all of the following
powers which that court would have had but for the order—

“(a) powers in relation to further remand (whether in custody or
on bail), and

(b) powers under Part 1 of the Legal Aid, Sentencing and
35Punishment of Offenders Act 2011.”

18 In section 145A(4) (rules about costs orders against legal representatives) for
“the Legal Services Commission” substitute “the Lord Chancellor under
arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2011”.

40Senior Courts Act 1981 (c. 54)1981 (c. 54)

19 The Senior Courts Act 1981 is amended as follows.

20 In section 28(4) (appeals from Crown Court and inferior courts) for “an order
under section 17 of the Access to Justice Act 1999” substitute “a requirement
to make a payment under regulations under section 22 or 23 of the Legal
45Aid, Sentencing and Punishment of Offenders Act 2011”.