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

21 In section 29(6) (mandatory, prohibiting and quashing orders) for “orders
under section 17 of the Access to Justice Act 1999” substitute “requirements
to make payments under regulations under section 22 or 23 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

22 Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is
amended as follows.

23 In section 19(2)(b) (matters of which account to be taken when making order
5as to costs) for “any grant of a right to representation funded by the Legal
Services Commission as part of the Criminal Defence Service” substitute “of
whether, for the purposes of the proceedings, representation has been
provided under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.

24 10In section 20(2) (regulations) for “by the Legal Services Commission or out
of central funds” substitute “by the Lord Chancellor under arrangements
made for the purposes of Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011 or out of central funds in accordance with
a costs order”.

25 (1) 15Section 21 (interpretation) is amended as follows.

(2) In subsection (1), in the definition of “legally assisted person” for the words
from “to whom” to the end of the definition substitute “for whom advice,
assistance or representation is provided under arrangements made for the
purposes of Part 1 of the Legal Aid, Sentencing and Punishment of
20Offenders Act 2011”.

(3) In subsection (4A)(a) for the words from “not” to “Service” substitute “not to
include the cost of advice, assistance or representation provided to the
person under arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.

(4) 25In subsection (4A)(b) for the words from “the cost” to the end substitute “the
cost of such advice, assistance or representation”.

Child Abduction and Custody Act 1985 (c. 60)Child Abduction and Custody Act 1985 (c. 60)

26 In section 11 of the Child Abduction and Custody Act 1985 (cost of
applications for child custody or access), for paragraph (a) (but not the “or”
30following it) substitute—

“(a) the provision of any civil legal services (within the meaning
of Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011) under arrangements made for the
purposes of that Part of that Act,”.

35Administration of Justice Act 1985 (c. 61)Administration of Justice Act 1985 (c. 61)

27 Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as
follows.

28 In section 40(1) (legal aid complaints) for the words from “funded by” to
“Criminal Defence Service” substitute “under arrangements made for the

purposes of Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.

29 In section 41(2) (reduction of fees payable where legal aid complaint
made)—

(a) 5for “Legal Services Commission” substitute “Lord Chancellor”, and

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

30 (1) 10Section 42 (exclusion of barristers from legal aid work) is amended as
follows.

(2) In subsections (1) and (3) for “providing representation funded by the Legal
Services Commission as part of the Criminal Defence Service” substitute
“criminal legal aid work”.

(3) 15At the end insert—

“(5) 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,
20or

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

31 In section 43(3) (reduction of costs payable where legal aid complaint
made)—

(a) for “Legal Services Commission” substitute “Lord Chancellor”, and

(b) 25for “as part of the Community Legal Service or Criminal Defence
Service” substitute “under arrangements made for the purposes of
Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.

32 In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid
30complaints) 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)”.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

33 In section 170(5) of the Housing Act 1985 (charges to recover costs of
35assistance in legal proceedings)—

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

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

40Criminal Justice Act 1987 (c. 38)Criminal Justice Act 1987 (c. 38)

34 The Criminal Justice Act 1987 is amended as follows.

35 In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of
Schedule 3 to the Access to Justice Act 1999” substitute “regulations under

section 18 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.

36 In section 11(12) (matters to which reporting restrictions do not apply) for
paragraph (h) substitute—

“(h) 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.”

Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

37 10In section 82(4) of the Housing Act 1988 (charges to recover costs of
assistance in legal proceedings)—

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

(b) 15for “Legal Services Commission” substitute “Lord Chancellor”.

Children Act 1989 (c. 41)Children Act 1989 (c. 41)

38 In section 25(6) of the Children Act 1989 (child without legal representation
not to be placed in secure accommodation without having been informed of
right to apply for legal aid), for the words from “representation” to
20“Criminal Defence Service” substitute “the provision of representation
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2011”.

Courts and Legal Services Act 1990 (c. 41)Courts and Legal Services Act 1990 (c. 41)

39 (1) Section 31B of the Courts and Legal Services Act 1990 (advocates and
25litigators employed by Legal Services Commission) is amended as follows.

(2) In the heading of the section for “Legal Services Commission” substitute
“Lord Chancellor”.

(3) In subsection (1) for paragraph (b) substitute—

“(b) is employed by the Lord Chancellor, or by any body
30established and maintained by the Lord Chancellor, under
arrangements made for the purposes of Part 1 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2011.”

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

40 In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring
35certain cases involving children) for “paragraph 2 of Schedule 3 to the Access
to Justice Act 1999” substitute “regulations under section 18 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

41 (1) Section 108(7) of the Social Security Administration Act 1992 is amended as
40follows.

(2) For “Legal Services Commission”, in the first place, substitute “Lord
Chancellor”.

(3) In paragraph (a)—

(a) at the end of sub-paragraph (iii) for “and” substitute “or”, and

(b) after that sub-paragraph insert—

“(iv) was provided with civil legal services (within
5the meaning of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act
2011) under arrangements made for the
purposes of that Part of that Act; and”.

(4) In paragraph (b) after sub-paragraph (iii) insert “or

(iv) 10under regulations under section 22 or 23 of the Legal
Aid, Sentencing and Punishment of Offenders Act
2011 in respect of civil legal services (within the
meaning of Part 1 of that Act) provided under
arrangements made for the purposes of that Part of
15that Act,”.

Criminal Procedure and Investigations Act 1996 (c. 25)Criminal Procedure and Investigations Act 1996 (c. 25)

42 In section 37(9) of the Criminal Procedure and Investigations Act 1996
(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.”

Family Law Act 1996 (c. 27)Family Law Act 1996 (c. 27)

43 25The Family Law Act 1996 is amended as follows.

44 (1) Section 8 (attendance at information meetings) is amended as follows.

(2) In subsection (9)(h) for “services funded by the Legal Services Commission
as part of the Community Legal Service” substitute “civil legal services
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
302011”.

(3) In subsection (12) for “funded for him by the Legal Services Commission as
part of the Community Legal Service” substitute “provided for the person
under arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.

(4) 35In subsection (13), after “section” insert—

• ““civil legal services” has the meaning given in Part 1 of the
  Legal Aid, Sentencing and Punishment of Offenders Act
  2011;”.

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

(2) 40In subsection (3) for “funded for them by the Legal Services Commission as
part of the Community Legal Service” substitute “provided for them under
arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2011”.

(3) Omit subsection (8) (powers of Legal Services Commission).