Legal Aid, Sentencing and Punishment of Offenders Bill

Insert the following new Clause—

“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.”

Page 126, line 3, after “to” insert “—

(a) ”

Page 126, line 4, at end insert—

“(b) assessments relating to learning difficulties under sections 139A and 140 of the Learning and Skills Act 2000.”

Page 126, line 18, after “to” insert “—

(a) ”

Page 126, line 19, after “1,” insert “2,”

Page 126, line 19, at end insert “, and

(b) ”

Page 126, line 20, leave out from beginning to “the” in line 24

Page 126, line 25, at end insert—

“( ) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.”

Page 128, line 30, at end insert—

“(ja) section 2 of the Carers and Disabled Children Act 2000 (services for carers);”

Page 129, line 2, at end insert—

6A (1) Civil legal services provided in relation to grants under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 for the provision of facilities for disabled persons.

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3) In this paragraph “disabled person” has the meaning given in section 100 of the Housing Grants, Construction and Regeneration Act 1996.”

Page 129, line 13, after “from” insert “or within”

Page 129, line 22, at end insert—

“(1A) Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the removal of a child from that child’s usual place of residence, or to obtain the return of a child who has been so removed—

(a) a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b) an order under section 33 of the Family Law Act 1986 (“the 1986 Act”) for disclosure of the child’s whereabouts;

(c) an order under section 34 of the 1986 Act for the recovery of the child;

(d) a requirement under section 37 of the 1986 Act, or an order under the inherent jurisdiction of the High Court, to surrender a passport issued to, or containing particulars of, the child;

(e) registration under section 27 of the 1986 Act of a Part I order (as defined in that Act).”

Page 129, line 24, leave out “Sub-paragraph (1)” and insert “Sub-paragraphs (1) and (1A)”

Page 130, leave out line 11 and insert “—

(a) there has been, or is a risk of, domestic violence between A and B, and

(b) A was, or is at risk of being, the victim of that domestic violence.”

Page 130, line 28, leave out “abuse of A by B” and insert “domestic violence”

Page 130, leave out lines 42 to 45

Page 131, line 1, at end insert—

““domestic violence” means threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other;”

Page 133, line 3, at end insert—

(1) Civil legal services provided in relation to a family dispute with respect to the upbringing of a child, including orders mentioned in section 8(1) of the Children Act 1989 (residence, contact and other orders) and special guardianship orders under that Act, where an assessor for mediation (competent to carry out publicly funded assessment) certifies that the case is unsuitable for mediation having regard to any significant harm which the child has suffered or is at risk of suffering; and in this paragraph “family dispute” has the same meaning as in paragraph 12.

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.”

Page 135, line 38, leave out “paragraph 15” and insert “paragraphs 1 to 5, 6, 8, 12, 15 and 16”

Page 136, line 4, leave out sub-paragraph (5) and insert—

“(5) The services described in sub-paragraph (1) do not include services provided in relation to judicial review in respect of an issue relating to immigration where—

(a) the same issue, or substantially the same issue, was the subject of a previous judicial review or an appeal to a court or tribunal,

(b) on the determination of the previous judicial review or appeal (or, if there was more than one, the latest one), the court, tribunal or other person hearing the case found against the applicant or appellant on that issue, and

(c) the services in relation to the new judicial review are provided before the end of the period of 1 year beginning with the day of that determination.”

Page 136, line 12, leave out “a removal direction” and insert “removal directions”

Page 136, line 13, leave out “direction was” and insert “directions were”

Page 136, line 15, after “decision” insert “(or, if there was more than one, the latest decision)”

Page 136, line 16, leave out “such a direction” and insert “removal directions”

Page 136, line 27, at end insert—

“(7A) Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—

(a) the period between the individual being given notice of the removal directions and the proposed time for his or her removal;

(b) the reasons for proposing that period.”

Page 136, line 39, at end insert—

““an issue relating to immigration” includes an issue relating to rights described in paragraph 26 of this Part of this Schedule;”

Page 136, line 46, after “Schedule” insert “, or responsible for determining proceedings prescribed under paragraph 23 of that Part,”

Page 136, line 49, leave out ““removal direction” means a direction” and insert ““removal directions” means directions”

Page 137, line 22, after “to” insert “—

(a) ”

Page 137, line 23, after “1,” insert “2,”

Page 137, line 23, at end insert “, and

(b) ”

Page 137, line 24, leave out from beginning to “the” in line 28

Page 137, line 28, at end insert—

“Specific exclusion

( ) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.”

Page 138, line 6, after “to” insert “—

(a) ”

Page 138, line 7, after “1,” insert “2,”

Page 138, line 7, at end insert “, and

(b) ”

Page 138, line 8, leave out from beginning to “the” in line 12

Page 138, line 12, at end insert—

“Specific exclusion

( ) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.”

Page 138, line 20, at end insert—

20A (1) Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met.

(2) The first condition is that the clinical negligence occurred—

(a) while V was in his or her mother’s womb, or

(b) during or after V’s birth but before the end of the following period—

(i) if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of what would have been that week;

(ii) if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V’s birth.

(3) The second condition is that—

(a) the services are provided to V, or

(b) V has died and the services are provided to V’s personal representative.

General exclusions

(4) Sub-paragraph (1) is subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3 and 8, and

(b) the exclusion in Part 3 of this Schedule.

Definitions

(5) In this paragraph—

“birth” means the moment when an individual first has a life separate from his or her mother and references to an individual being born are to be interpreted accordingly;

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“disabled” means physically or mentally disabled;

“personal representative”, in relation to an individual who has died, means—

(a) a person responsible for administering the individual’s estate under the law of England and Wales, Scotland or Northern Ireland, or

(b) a person who, under the law of another country or territory, has functions equivalent to those of administering the individual’s estate.”

Page 138, line 20, at end insert—

(1) Civil legal services provided to a victim of trafficking of people for exploitation for—

(a) a claim for compensation in the Employment Appeal Tribunal, or

(b) a claim for personal damages relating to being trafficked for exploitation.

(2) In this paragraph “victim of trafficking of people for exploitation” means a person who has been identified as a victim of—

(a) an offence under section 59A of the Sexual Offences Act 2003 (trafficking people for sexual exploitation); or

(b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for labour and other exploitation).”

Page 139, leave out line 20 and insert “because I was the victim of domestic violence”

Page 139, leave out lines 35 to 41

Page 139, line 43, at end insert—

““domestic violence” means threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other (within the meaning of section 62 of the Family Law Act 1996);”

Page 140, line 5, at end insert—

25A (1) Civil legal services provided to an individual (“I”) in relation to a residence card application where I—

(a) has ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person,

(b) is a family member who has retained the right of residence by virtue of satisfying the conditions in regulation 10(5) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (“the 2006 Regulations”), and

(c) has satisfied the condition in regulation 10(5)(d)(iv) of the 2006 Regulations on the ground that I or a family member of I was the victim of domestic violence while the marriage or civil partnership of the qualified person was subsisting.

General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3) The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

(4) In this paragraph—

“domestic violence” means threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other (within the meaning of section 62 of the Family Law Act 1996);

“family member” has the same meaning as in the 2006 Regulations (see regulations 7 and 9);

“family member who has retained the right of residence” has the same meaning as in the 2006 Regulations (see regulation 10);

“qualified person” has the same meaning as in the 2006 Regulations (see regulation 6);

“residence card application” means—

(a) an application for a residence card under regulation 17 of the 2006 Regulations, or

(b) an application for a permanent residence card under regulation 18(2) of the 2006 Regulations.”

Page 147, line 18, at end insert—

39A (1) Civil legal services provided to an individual in relation to a TPIM notice relating to the individual.

(2) Civil legal services provided to an individual in relation to control order proceedings relating to the individual.

Exclusions

(3) Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4) In this paragraph—

“control order proceedings” means proceedings described in paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention and Investigation Measures Act 2011 (“the 2011 Act”);

“TPIM notice” means a notice under section 2(1) of the 2011 Act.”

Page 147, line 25, leave out paragraphs (a) and (b) and insert—

“(a) the exclusions in Parts 2 and 3 of this Schedule, except to the extent that regulations under this paragraph provide otherwise, and

(b) any other prescribed exclusions.”

Page 147, line 36, after “to” insert “a claim in tort in respect of”

Page 147, line 37, after “to” insert “a claim in tort in respect of”

Page 147, line 39, after first “to” insert “a claim in tort in respect of”

Page 147, line 40, after first “to” insert “a claim in tort in respect of”

Page 148, line 3, after “to” insert “a claim in tort in respect of”

Page 148, line 8, leave out from beginning to second “a”

Page 148, line 9, leave out “the authority” and insert “a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998”

Page 148, line 31, leave out “other” and insert “prescribed”

Page 148, leave out lines 38 and 39 and insert “, except as follows—

(a) those services include the types of advocacy listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise;

(b) those services include other types of advocacy to the extent that Part 1 of this Schedule so provides.”

Page 150, line 2, leave out “paragraph 25” and insert “paragraphs 25 or 25A”.

Page 7, line 29, leave out from “which” to “could” and insert “more than one form of civil legal service”

Page 7, line 30, after second “the” insert “form of”

Page 8, line 37, leave out subsection (3)

Page 9, line 26, at end insert “, including assistance in the form of advocacy”

Page 15, line 22, leave out “The regulations” and insert “Regulations under subsection (3)”.

Page 17, line 27, leave out “for” and insert “to”

Page 19, line 18, leave out “for” and insert “to”

Page 19, line 36, after “available,” insert—

“( ) provision modifying the charge for the purposes of its application in prescribed cases or circumstances,”

Page 19, line 37, leave out “its enforcement” and insert “the enforcement of the charge”

Page 20, line 20, leave out “for” and insert “to”

Page 20, line 21, leave out first “for” and insert “to”

Page 20, line 25, leave out “for” and insert “to”

Page 20, line 34, leave out “for” and insert “to”

Page 20, line 42, leave out “for” and insert “to”

Page 20, line 45, leave out “for” and insert “to”

Page 21, line 3, 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.”

Page 157, line 43, leave out “for” and insert “to”

Page 158, line 16, leave out “for” and insert “to”

Page 158, line 20, leave out “for” and insert “to”

Page 164, line 4, leave out “1” and insert “37(1)”

Page 164, line 4, at end insert “(subject to regulations under sub-paragraph (2))”

Page 164, line 7, at end insert—

“(2) The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).”

Page 28, line 2, 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.

(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 138.

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

Page 28, line 11, leave out “specified period” and insert “period specified or described in the order, regulations or direction”

Page 28, line 28, leave out “subject to subsection (6)” and insert “unless it is an instrument described in subsection (6) or (9)”

Page 28, line 34, 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);”

Page 28, line 41, 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;”

Page 29, line 2, 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—

(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.”

Page 39, line 27, after first “paid” insert “will be paid, has made an agreement to be paid,”

Page 39, line 29, after “pays” insert “will pay, has made an agreement to pay,”

Page 39, line 33, after first “paid” insert “will be paid, has made an agreement to be paid,”

Page 39, line 38, after “death” insert “and the meaning shall include any payment for the introduction of a potential client, for information which might assist in the identification of potential clients, or of any road traffic accidents in which they may have been involved, or of any sharing of fees arising from an action, or threatened action, for the recovery of damages”

Page 39, line 40, at end insert—

“(5) A breach of the provisions of this section shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum or an indictment for a term of imprisonment not exceeding two years, or a fine, or both.”

Page 40, line 29, delete subsection (5)

Insert the following new Clause—

“Costs in civil cases for low value personal injury claims

(1) The Table in Rule 45.29 of the Civil Procedure Rules 1998 (S.I. 1998/3132) (Amount of fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents) is amended as follows.

(2) The figure for Stage 1 shall be £200.

(3) The figure for Stage 2 shall be £400.

(4) The figure for Stage 3 for Type A fixed costs shall be £125.

(5) The figure for Stage 3 for Type B fixed costs shall be £125.

(6) Any further amendment to the Table shall not be made by the Civil Procedure Rule Committee but may be made by the Lord Chancellor by rules made by statutory instrument and may not be made until a draft of the rules has been laid before and approved by resolution of both Houses of Parliament.”

Page 123, line 23, at beginning insert “this Act or”