Legal Aid, Sentencing and Punishment of Offenders Bill

REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 29th February 2012, as follows—

Clauses 1 to 8
Schedule 1
Clauses 9 to 23
Schedule 2
Clauses 24 to 30
Schedule 3
Clauses 31 to 37
Schedule 4
Clause 38
Schedule 5
Clause 39
Schedule 6
Clauses 40 to 59
Schedules 7 and 8
Clauses 60 to 65
Schedule 9
Clauses 66 to 83
Schedule 10
Clause 84
Schedule 11
Clauses 85 to 99
Schedule 12
Clauses 100 to 104
Schedule 13
Clause 105
Schedule 14
Clauses 106 to 114
Schedule 15
Clause 115
Schedules 16 and 17
Clauses 116 and 117
Schedules 18 and 19
Clause 118
Schedule 20
Clause 119
Schedule 21
Clauses 120 to 124
Schedule 22
Clauses 125 to 127
Schedule 23
Clauses 128 to 133
Schedule 24
Clause 134
Schedule 25
Clause 135
Schedule 26
Clauses 136 to 143

[Amendments marked * are new or have been altered]

Clause 1

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

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”

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

LORD BLAIR OF BOUGHTON

THE LORD BISHOP OF LEICESTER

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

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

4

Page 3, line 31, at end insert—

“( ) In this section “Minister of the Crown” has the meaning given by the Ministers of the Crown Act 1975.”

3

Page 3, line 31, 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.”

LORD BEECHAM

4A*

Page 3, line 31, at end insert—

“( ) Before issuing guidance or directions under this section, a copy of the proposed direction or guidance must be laid before, and approved by, each House of Parliament.”

4B*

Page 3, line 31, at end insert—

“( ) Any guidance or directions issued under this section must be reviewed on a regular basis, being not more than at three year intervals from the time they were issued.”

After Clause 6

LORD MCNALLY

5

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.”

LORD BACH

LORD RAMSBOTHAM

BARONESS PRASHAR

LORD PANNICK

6

Insert the following new Clause—

“Pre-commencement impact assessment

(1) The Lord Chancellor must commission an independent review to assess and report on the following areas—

(a) the expected costs and impacts of Part 1 on—

(i) children and young people;

(ii) people with disabilities, including people with learning, physical, mental and psychological disabilities;

(iii) women;

(iv) victims of domestic violence;

(v) black and ethnic minorities;

(vi) government departments;

(vii) courts and tribunals, including any changes in time and resources;

(viii) local authorities;

(b) any expected impact of Part 1 on—

(i) the incidence of homelessness;

(ii) the incidence of ill-health, or suicide;

(iii) the commission of criminal or anti-social behaviour; and

(iv) the future provision and availability of services including, but not limited to, law centres and citizens advice bureaux.

(2) The Lord Chancellor must lay a copy of the final report commissioned under subsection (1) in both Houses of Parliament at the same time as laying a draft commencement order for any other section in this Part.”

LORD BEECHAM

THE EARL OF LISTOWEL

7

Insert the following new Clause—

“Expert evidence

The Lord Chancellor must review the accessibility and quality of expert advice that is available for civil legal proceedings and ensure that this is maintained or improved following the commencement of this Part.”

LORD BEECHAM

7A*

Insert the following new Clause—

“Post-commencement review

(1) Two years after the commencement of Part 1 of this Act, the Lord Chancellor must commission an independent review to assess—

(a) the cost and impact of Part 1 on—

(i) children and young people;

(ii) people with disabilities, including people with learning, physical, mental and psychological disabilities;

(iii) women;

(iv) victims of domestic violence;

(v) black and ethnic minorities;

(vi) government departments;

(vii) courts and tribunals, including any changes in time and resources; and

(viii) local authorities; and

(b) the impact of Part 1 on—

(i) the incidence of homelessness;

(ii) the incidence of ill-health or suicide;

(iii) the commission of criminal or anti-social behaviour; and

(iv) the future provision and availability of services including, but not limited to, law centres and citizens advice bureaux.

(2) The Lord Chancellor must lay a copy of the final report commissioned under subsection (1) in both Houses of Parliament at the same time as laying a draft revival order under section (Duration of Part 1).”

BARONESS HAYTER OF KENTISH TOWN

7B*

Insert the following new Clause—

“Independent review: welfare reform and available legal advice

One year after the commencement of Part 1 of this Act, the Lord Chancellor must commission an independent review to assess how the changes made in this Act and the Welfare Reform Act 2012 have affected—

(a) understanding by people who are entitled to benefits of—

(i) which benefits they may be entitled to; and

(ii) how to challenge (both review and any further rights of appeal) a decision made in respect of those benefits;

(b) access to, and provision of, legal advice about entitlement to benefits;

(c) the number and any increase in welfare benefit cases that are made or referred to—

(i) parliamentary constituency offices;

(ii) local authorities; and

(iii) other prescribed agencies; and

(d) the nature of the legal advice provided and resolution of such cases from the bodies listed in paragraph (c).”

Clause 8

LORD BACH

LORD BEECHAM

8

Page 5, line 41, leave out “omitting” and insert “adding”

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

9

Page 5, line 42, after “from” insert “, or adding services to,”

LORD THOMAS OF GRESFORD

LORD PHILLIPS OF SUDBURY

10

Page 5, line 42, after “from” insert “, or adding to,”

Schedule 1

BARONESS DOOCEY

LORD NEWTON OF BRAINTREE

LORD BACH

LORD PANNICK

11

Page 125, line 5, at end insert—

“Social welfare law

(1) Civil legal services provided in respect of a social welfare decision relating to a benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(2) For the purposes of sub-paragraph (1), “civil legal services” includes independent advice and assistance for a review, or appeal to a first-tier tribunal, of such a decision.”

LORD BACH

LORD PANNICK

LORD ALTON OF LIVERPOOL

LORD NEWTON OF BRAINTREE

12

Page 125, line 5, at end insert—

“Social welfare law (No. 2)

(1) Civil legal services provided in respect of a social welfare decision relating to a benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(2) For the purposes of sub-paragraph (1), “civil legal services” includes—

(a) independent advice or assistance for an appeal to a second-tier tribunal; and

(b) independent advice, assistance and representation higher court of such a decision.”

LORD LLOYD OF BERWICK

13

Page 125, line 5, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to the obtaining of one or more expert reports in clinical negligence proceedings.

(2) In this paragraph—

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“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);

“expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

“proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated.”

LORD STEVENSON OF BALMACARA

BARONESS COUSSINS

14

Page 125, line 5, at end insert—

“Debt management relief or remedy

Civil legal services in relation to any debt management relief or remedy available under Part 5 of the Courts, Tribunals and Enforcement Act 2007.”

BARONESS GREY-THOMPSON

BARONESS FINLAY OF LLANDAFF

THE LORD BISHOP OF OXFORD

LORD BEECHAM

15

Page 125, line 5, at end insert—

“Clinical negligence (No. 2)

(1) Civil legal services provided in relation to clinical negligence proceedings.

(2) In this paragraph—

“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);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence.”

LORD STEVENSON OF BALMACARA

16

Page 125, line 5, at end insert—

“Debt

(1) Civil legal services provided in respect of debt-related disputes.

(2) For the purposes of sub-paragraph (1), civil legal services includes advice and assistance at all stages.”

LORD BACH

LORD PANNICK

LORD JUDD

17

Page 125, line 5, at end insert—

“Unfair dismissal

(1) Civil legal services provided in respect of an employment case where a person may have been unfairly dismissed.

(2) For the purposes of sub-paragraph (1), civil legal services includes advice and assistance at all stages.”

LORD BACH

LORD JUDD

18

Page 125, line 5, at end insert—

“Employment

(1) Civil legal services provided in respect of employment disputes.

(2) For the purposes of sub-paragraph (1), civil legal services includes—

(a) advice and assistance at all stages; and

(b) representation on appeal to the employment appeal tribunal and higher courts.”

LORD BACH

19

Page 125, line 5, at end insert—

“Consumer

(1) Civil legal services provided in respect of consumer law disputes.

(2) For the purposes of sub-paragraph (1), civil legal services includes advice and assistance at all stages.”

20

Page 125, line 5, at end insert—

“Education

(1) Civil legal services provided in respect of education law disputes.

(2) For the purposes of sub-paragraph (1), civil legal services includes advice and assistance at all stages.”

BARONESS HOWE OF IDLICOTE

BARONESS BENJAMIN

21

Page 125, line 5, at end insert—

“Vulnerable young people

1 (1) Civil legal services provided in relation to advice and proceedings under this paragraph where the applicant or respondent is aged twenty four or under, and—

(a) has a disability under section 6 of the Equality Act 2010;

(b) is a former relevant child care leaver by reference to the Children (Leaving Care) Act 2000;

(c) is a victim of trafficking; or

(d) is a vulnerable person as specified by regulations; or

(e) otherwise falls within the categories of vulnerable young people which the Secretary of State may prescribe in regulations.

(2) Civil legal services provided in relation to advice and proceedings relating to private family law,

(3) Civil legal services provided in relation to advice and proceedings relating to any benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(4) Civil legal services provided in relation to advice and proceedings relating to section 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties) and all areas of education law not otherwise covered in this Schedule.

(5) Civil legal services provided in relation to advice and proceedings relating to all areas of employment law not otherwise covered in this Schedule.

(6) Civil legal services provided in relation to advice and proceedings relating to all areas of housing law not otherwise covered in this Schedule.

(7) Civil legal services provided in relation to advice and proceedings relating to all areas of law related to personal debt not otherwise covered in this Schedule.

(8) Civil legal services provided in relation to advice and proceedings relating to all areas of immigration and asylum law not otherwise covered in this Schedule.

(9) Civil legal services provided in relation to advice and proceedings relating to all areas of clinical negligence law not otherwise covered in this Schedule.

(10) Civil legal services provided in relation to advice and proceedings relating to all areas of consumer law not otherwise covered in this Schedule.

(11) Civil legal services provided in relation to advice and proceedings relating to appeals to the Criminal Injuries Compensation Authority.

(12) Civil legal services provided in relation to advice and proceedings relating to a review or appeal under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007.

(13) Civil legal services provided in relation to advice and proceedings relating to an appeal to the Supreme Court.”

LORD PHILLIPS OF SUDBURY

LORD THOMAS OF GRESFORD

22

Page 125, line 5, at end insert—

“Social entitlement

(1) Civil legal services and advocacy in appeals from the Social Entitlement Chamber of the First-tier Tribunal to the Upper Tribunal, the Court of Appeal and the Supreme Court where the relevant court or tribunal certifies that—

(a) the appeal raises a complex issue of law or of fact (in which case the certificate must identify the issue),

(b) the matter is one of significant wider public interest (in which case the certificate must identify that interest), or

(c) there is some other compelling reason why the proper conduct of the appeal requires the provision of civil legal services (in which case the certificate must set out the reason).

(2) Rules of procedure applicable to the relevant court or tribunal may make provision about certificates under this paragraph.”

23

[Withdrawn]

LORD MCNALLY

24

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

(a) ”

25

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.”

26

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

(a) ”

27

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

28

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

(b) ”

29

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

30

Page 126, line 25, at end insert—

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

BARONESS EATON

LORD CRISP

LORD NEWTON OF BRAINTREE

LORD CORMACK

31

Page 127, line 7, at end insert—

“Children and clinical negligence

(1) Civil legal services provided in relation to clinical negligence in the provision of clinical services which took place at a time when the individual was a child.

(2) In this paragraph—

“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);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“child” means a person under the age of 18.”

LORD MCNALLY

32

Page 128, line 30, at end insert—

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

33

Page 129, line 2, at end insert—

“Facilities for disabled persons

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.”

BARONESS BUTLER-SLOSS

34

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

35

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).”

36

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

LORD MCNALLY

37

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.”

38

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

LORD MACDONALD OF RIVER GLAVEN

LORD THOMAS OF GRESFORD

39

Page 130, line 40, at end insert—

“( ) For the purposes of this paragraph—

(a) domestic violence will be presumed on an application for civil legal services where—

(i) an order has been made in domestic violence or forced marriage proceedings brought by the applicant for legal aid, arising from the same family relationship;

(ii) there has been a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim, but the victim has not already been granted legal aid;

(iii) a non-molestation order, occupation order, forced marriage protection order or other protective order or injunction is in place against the applicant’s ex-partner (or in the case of forced marriage, against any other person);

(iv) undertakings have been given to a court in lieu of the orders referred to in paragraph (i) or (iii) above;

(v) the applicant’s partner has been convicted of a criminal offence concerning violence or abuse towards his or her family (unless the conviction is spent);

(vi) there are ongoing criminal proceedings for a domestic violence offence by the other party towards the applicant for funding;

(vii) the applicant has been referred to a Multi-Agency Risk Assessment Conference (as a high risk victim of domestic violence) and a plan has been put in place to protect them from violence by the other party;

(b) (subject to paragraph (a)) the Lord Chancellor may by regulations make provision for the verification of domestic violence by other well founded and objective primary evidence.”

LORD MCNALLY

40

Page 130, leave out lines 42 to 45

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

LORD BLAIR OF BOUGHTON

THE LORD BISHOP OF LEICESTER

41

Page 130, leave out lines 42 to 45 and insert—

““abuse” means any incident or repeated incidents of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional, and including acts of neglect, maltreatment, exploitation or acts of omission) between adults who are or have been intimate partners or family members, regardless of gender or sexuality;”

LORD MCNALLY

42

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;”

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

LORD BLAIR OF BOUGHTON

THE LORD BISHOP OF LEICESTER

43

Page 131, line 31, at end insert—

“( ) For the purposes of this paragraph, evidence that abuse has occurred may consist of one or more of the following (without limitation)—

(a) a relevant court conviction or police caution;

(b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, forced marriage protection order or other protective injunction;

(c) evidence of relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic violence;

(d) evidence that a victim has been referred to a multi-agency risk assessment conference, as a high risk victim of domestic violence, and a plan has been put in place to protect that victim from violence by the other party;

(e) a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim;

(f) a medical report from a doctor at a UK hospital confirming that the applicant has injuries or a condition consistent with being a victim of domestic violence;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she has examined the applicant and is satisfied that the applicant had injuries or a condition consistent with those of a victim of domestic violence;

(h) an undertaking given to a court by the alleged perpetrator of the abuse that he or she will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in providing services to the applicant in respect of allegations of domestic violence;

(j) a letter of support or a report from a domestic violence support organisation; or

(k) other well-founded documentary evidence of abuse, such as from a counsellor, midwife, school or witness.”

44*

Page 132, line 10, at end insert—

“( ) For the avoidance of doubt, no time limit shall operate in relation to any evidence supporting an application for civil legal services under paragraphs 10 and 11.”

BARONESS BUTLER-SLOSS

45

Page 133, line 3, at end insert—

“Exceptional family proceedings

(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.”

BARONESS BENJAMIN

BARONESS EATON

LORD NEWTON OF BRAINTREE

LORD KENNEDY OF SOUTHWARK

46

Page 133, line 32, at end insert—

“Children under 18

1 (1) Civil legal services in relation to advice or proceedings where a child is, or proposes to be, the applicant or respondent in proceedings, or where the child is represented by a legal guardian, including—

(a) private family law;

(b) any benefit, allowance, payment, credit or pension under—

(i) the Social Security Contributions and Benefits Act 1992,

(ii) the Jobseekers Act 1995,

(iii) the State Pension Credit Act 2002,

(iv) the Tax Credits Act 2002,

(v) the Welfare Reform Act 2007,

(vi) the Welfare Reform Act 2012, or

(vii) any other enactment relating to social security;

(c) all areas of education law not otherwise covered in this Schedule;

(d) all areas of housing law not otherwise covered in this Schedule;

(e) all areas of debt-related disputes not otherwise covered in this Schedule;

(f) all areas of immigration and asylum law not otherwise covered in this Schedule;

(g) all areas of clinical negligence law not otherwise covered in this Schedule;

(h) all areas of consumer law not otherwise covered in this Schedule;

(i) appeals to the Criminal Injuries Compensation Authority;

(j) reviews or appeals under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; or

(k) appeals to the Supreme Court.”

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

47

Page 135, line 31, at end insert—

“Best interests of patients

16A Civil legal services provided in relation to any question whether particular medical treatment is in the best interests of a person who is incapable of giving or withholding consent to such treatment.

Exclusions

16B Paragraph 16A is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

16C For the purposes of this paragraph “medical treatment” has the same meaning as in the Mental Health Act 1983.”

LORD MCNALLY

48

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

49

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.”

50

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

51

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

52

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

53

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

54

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.”

55

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;”

56

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

57

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

58

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

(a) ”

59

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

60

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

(b) ”

61

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

62

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.”

63

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

(a) ”

64

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

65

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

(b) ”

66

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

67

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.”

68

Page 138, line 20, at end insert—

“Clinical negligence and severely disabled infants

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.”

BARONESS BUTLER-SLOSS

BARONESS HAMWEE

69

Page 138, line 20, at end insert—

“Victim of trafficking of people for exploitation

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

(a) a claim for compensation in the Employment 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).”

LORD MCNALLY

70

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

71

Page 139, leave out lines 35 to 41

72

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);”

73

Page 140, line 5, at end insert—

“Immigration: victims of domestic violence and residence cards

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.”

LORD BACH

74

Page 140, line 8, leave out from “Kingdom” to end of line 39

LORD BEST

LORD BEECHAM

75

Page 141, line 7, at end insert

“(1A) Services provided to an individual at risk of losing their home under sub-paragraph (1) shall include services in relation to the entitlement of the individual to welfare benefits relating to housing costs.”

LORD BEST

76

Page 141, line 16, after “(1)” insert “1(A)”

77

Page 141, line 17, leave out “paragraph 14” insert “paragraphs 14 and 15””

LORD PHILLIPS OF SUDBURY

LORD THOMAS OF GRESFORD

LORD AVEBURY

LORD DHOLAKIA

78

Page 143, line 24, at end insert—

“Immigration appeals

(1) Civil legal services and advocacy in appeals from the Immigration and Asylum Chamber of the First-tier Tribunal to the Upper Tribunal, the Court of Appeal and the Supreme Court where the relevant court or tribunal certifies that—

(a) the appeal raises a complex issue of law or of fact (in which case the certificate must identify the issue);

(b) the matter is one of significant wider public interest (in which case the certificate must identify that interest); or

(c) there is some other compelling reason why the proper conduct of the appeal requires the provision of civil legal services (in which case the certificate must set out the reason).

(2) Rules of procedure applicable to the relevant court or tribunal may make provision about certificates under this paragraph.”

LORD MCNALLY

79

Page 147, line 18, at end insert—

“Terrorism prevention and investigation measures etc

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.”

80

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.”

81

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

82

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

83

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

84

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

85

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

86

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

87

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”

LORD BACH

88

Page 148, line 23, leave out paragraph 15

LORD MCNALLY

89

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

LORD BEECHAM

90

Page 148, line 32, leave out paragraph 16

LORD MCNALLY

91

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.”

92

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

Clause 9

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

93

Page 6, line 20, at end insert “, or

“(c) that it is in the interest of justice generally”

LORD BACH

LORD JUDD

94

Page 6, line 20, at end insert—

“( ) that it is appropriate to do so, having regard to the particular circumstances of the case, including—

(i) the client’s vulnerability;

(ii) the client’s capacity to represent himself or herself;

(iii) the client’s health (including mental health) issues;

(iv) the actual availability of alternative sources of advice and assistance and the impact and consequences on the client, or his family, of failing to receive advice and assistance under this Part;

( ) that the client is under the age of 18; or

( ) that it is otherwise in the interests of justice.”

LORD BACH

95

Page 6, line 29, at end insert—

“( ) In deciding whether a case constitutes an exceptional case for the purpose of subsection (4), the Director must consult and have regard to the views of the chief coroner.”

96

Page 6, line 41, at end insert—

“( ) The Director shall make provision for the payment of reasonable costs incurred by any person making a successful funding application under this section.”

97

Leave out Clause 9

Clause 10

LORD MCNALLY

98

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

99

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

Clause 11

LORD BACH

LORD JUDD

100

Page 8, line 25, leave out “may” and insert “must”

After Clause 11

LORD SHIPLEY

LORD PHILLIPS OF SUDBURY

LORD THOMAS OF GRESFORD

101

Insert the following new Clause—

“Funding

(1) The Lord Chancellor may make funding available for the obtaining of civil legal services on matters not included in Schedule 1 where it appears to the Lord Chancellor that the provision of such services would promote efficiency, the saving of costs or the attainment of justice.

(2) The Lord Chancellor must make permanent arrangements for such purposes by—

(a) funding public bodies, law centres, citizens advice bureaux and not-for-profit advice and support agencies to facilitate the provision of such services; and

(b) supporting the delivery of such services through the provision of grant in aid to providers of civil legal services, including any consortia or partnership arrangements with public bodies, into which they may choose to enter.”

LORD PHILLIPS OF SUDBURY

LORD WOOLF

LORD FAULKS

101A*

Insert the following new Clause—

“Report reviewing claims for clinical negligence

(1) In discharging his or her functions under section 1(4) above, the Lord Chancellor shall have regard to the provisions of this section.

(2) The Lord Chancellor may appoint an independent person to review claims for clinical negligence and means of improving the modes, procedures, financing and outcomes relating to the same as he or she shall specify.

(3) Such a review may in particular address the accessibility, cost, effectiveness, openness, fairness, proportionality and speediness of such claims.

(4) After the reviewer must compile a report of his or her conclusions.

(5) As part of those conclusions the reviewer may propose such scheme or schemes (voluntary or otherwise) as he or she shall see fit.

(6) In this section “claims” shall mean claims and complaints made by patients receiving services provided or commissioned in England in respect of a liability in tort or contract owed in respect of personal injury or loss arising in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness, or in the care or treatment of any patient of an NHS body, or of a primary care or independent provider.

(7) The Lord Chancellor must lay before Parliament a copy of a report compiled under subsection (4).”

Clause 12

LORD BACH

LORD JUDD

102

Page 8, line 35, leave out subsection (2)

LORD MCNALLY

103

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

104

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

Clause 20

LORD THOMAS OF GRESFORD

LORD MACDONALD OF RIVER GLAVEN

LORD CARLILE OF BERRIEW

105

Page 15, line 14, at end insert—

“( ) For the purposes of subsection (1), “financial resources” shall include all the realisable property of the individual subject to a restraint order under section 41 of the Proceeds of Crime Act 2002 (restraint orders) and subsections (4) and (5) of that section are hereby repealed.”

LORD MCNALLY

106

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

Clause 22

LORD MCNALLY

107

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

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

108

Page 17, line 41, at end insert “save that an individual shall not be required to pay a percentage of the damages he receives for the purposes of a supplementary legal aid scheme”

Clause 24

LORD MCNALLY

109

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

110

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

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

111

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

Clause 25

LORD MCNALLY

112

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

113

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

114

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

115

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

116

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

117

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

118

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.”

Clause 26

BARONESS GREY-THOMPSON

LORD BACH

LORD NEWTON OF BRAINTREE

LORD PANNICK

119

Page 21, line 11, 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.”

Schedule 3

LORD MCNALLY

120

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

121

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

122

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

Schedule 4

LORD MCNALLY

123

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

124

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

125

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).”

Clause 38

LORD MCNALLY

126

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.”

Clause 40

LORD MCNALLY

127

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

128

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

129

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);”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

130

Page 28, line 39, at end insert—

“( ) regulations under section 22;”

LORD MCNALLY

131

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;”

132

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.”

Clause 43

LORD MARTIN OF SPRINGBURN

133

Page 30, line 24, leave out subsection (4)

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

BARONESS MILLER OF CHILTHORNE DOMER

134

Page 30, line 27, at end insert—

“( ) After subsection (7) of that section insert—

“(8) The Lord Chancellor may by order prescribe that section 58(4A) and (4B) and subsection (6) shall not apply to any conditional fee agreement where all of the following conditions are met—

(a) the proceedings include a claim by an individual or group of individuals for damages;

(b) the loss or injury allegedly caused has occurred in a developing country;

(c) a judge of the High Court has certified, whether before or after the commencement of court proceedings, that—

(i) the proposed litigation raises issues which ought, in the interests of justice, to be considered by a court in England or Wales;

(ii) the resources of the proposed claimant or claimants are significantly less than those of the proposed defendant or defendants; and

(iii) in the absence of the provisions of this subsection there would be a significant risk that the proposed claimant or claimants would be unable to secure effective legal representation in England or Wales.

(9) In subsection (8) “developing country” means a country, not being a member state of the European Union, whose per capita gross national income was less than 50 per cent of the per capita gross national income of the United Kingdom in any of the three years prior to the year (or if more than one year, the first year) in which the injury or loss is alleged to have occurred.””

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

135

Page 30, line 29, at end insert “or section 58A(8)”

LORD ALTON OF LIVERPOOL

LORD BACH

LORD MORRIS OF ABERAVON

136

Page 30, line 32, at end insert—

“( ) The amendments made by this section 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.”

Clause 45

LORD LLOYD OF BERWICK

137

Page 31, line 38, leave out from “policy” to end of line 33 on page 32

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

138

Page 31, line 38, leave out from “unless” to end of line 39 and insert—

“(a) the party is one to whom section 58A(8) applies; or

(b) such provision is permitted by regulations under subsection (2).”

LORD BEECHAM

139

Page 31, line 39, at end insert “, (2A) or (2B)”

140

Page 32, line 10, at end insert—

“(2A) The Lord Chancellor may, by regulations, provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of an environmental claim (or against that risk and other risks),

(c) the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of an environmental claim (“the relevant part of the premium”), and

(d) the amount is to be paid in respect of the relevant part of the premium.

(2B) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay the costs of the opposing party, and

(c) the opposing party has agreed prior to the commencement of proceedings that the costs insurance policy should be taken out.”

LORD ALTON OF LIVERPOOL

LORD BACH

LORD MORRIS OF ABERAVON

141

Page 32, line 39, at end insert—

“( ) The amendment made by this section does 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 a harmful substance.”

Clause 46

LORD ALTON OF LIVERPOOL

LORD BACH

LORD MORRIS OF ABERAVON

142

Page 32, line 46, at end insert—

“( ) The repeal made by subsection (1) does 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 a harmful substance.”

Clause 54

LORD BEECHAM

LORD BACH

143

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

144

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

145

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

LORD MARTIN OF SPRINGBURN

146

Page 39, line 33, at end insert—

“( ) A regulated person is not in breach of this section if—

(a) that person is a solicitor; and

(b) the body to which the payment is made in money or in kind is a registered trade union.”

LORD HUNT OF WIRRAL

146A*

Page 39, line 37, after “damages” insert “which consist of or include damages”

LORD BEECHAM

LORD BACH

147

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”

148

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.”

LORD HUNT OF WIRRAL

148A*

Page 40, line 16, after “consideration” insert “whether received by the person referring prescribed legal business or not”

Clause 55

LORD BEECHAM

LORD BACH

149

Page 40, line 29, leave out subsection (5)

After Clause 58

LORD BEECHAM

LORD BACH

150

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.”

LORD PANNICK

151

Insert the following new Clause—

“Pro bono representation

Payments in respect of pro bono representation before the Supreme Court

(1) In section 194 of the Legal Services Act 2007 (power for certain courts to order losing party to make payment to charity where other party is represented pro bono) in subsection (10) for the definition of “civil court” substitute—

““civil court” means—

(a) the Supreme Court when it is dealing with a relevant civil appeal,

(b) the civil division of the Court of Appeal,

(c) the High Court, or

(d) any county court;

“relevant civil appeal” means an appeal to the Supreme Court—

(a) from the High Court in England and Wales under Part 2 of the Administration of Justice Act 1969,

(b) from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005, or

(c) under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court;”.

(2) This section applies in relation to appeals to the Supreme Court only where the decision, order or judgment that is the subject of the appeal is made or given on or after the day on which this section comes into force.”

After Clause 60

LORD PONSONBY OF SHULBREDE

152

Insert the following new Clause—

“Court discretion to order that victims be informed of the court’s decision and kept appraised of sentence compliance and progress

The court may order that the prosecution make arrangements to—

(a) inform the victim of the court’s decision, and

(b) keep the victim appraised of sentence compliance and progress.”

Before Clause 116

LORD LLOYD OF BERWICK

LORD JUDD

LORD MORRIS OF ABERAVON

153

Insert the following new Clause—

“Duty to release certain prisoners serving a whole life sentence

In Chapter 2 of Part 1 of the Crime (Sentences) Act 1997 after section 28 insert—

“28A Duty to release certain prisoners serving a whole life sentence

(1) In the case of a life prisoner who has been made subject to a whole life order, and has served 30 years of his sentence, it shall be the duty of the Secretary of State, after consulting the Lord Chief Justice and the trial judge if available, to refer the case to the Parole Board.

(2) If the Parole Board is satisfied—

(a) that it is no longer necessary for the protection of the public that the prisoner should be confined, and

(b) that in all the circumstances the release of the prisoner on licence would be in the interests of justice,

the Parole Board may direct his release under this section.

(3) Where the Parole Board has directed a prisoner’s release under this section, it shall be the duty of the Secretary of State to release him on licence.””

Clause 117

LORD LLOYD OF BERWICK

154

Leave out Clause 117

After Clause 120

BARONESS GALE

155

Insert the following new Clause—

“Disclosure of information about convictions etc. of violent abusers to members of the public

(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established under section 325 of the Criminal Justice Act 2003, consider whether to disclose information in its possession about the relevant previous convictions of any violent abuser managed by it to any person deemed by the authority to be at risk.

(2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3) The case is where the responsible authority for the area has reasonable cause to believe that—

(a) a serious violent abuser managed by it poses a risk in that or any other area of causing serious harm to a particular at risk person, and

(b) disclosure of information about the relevant previous conviction of the offender to the particular member of the public is necessary for the purpose of protecting the at risk person from serious harm caused by the offender.

(4) The presumption under subsection (2) arises if the person to whom the information is disclosed requests the disclosure.

(5) Where the responsible authority makes a disclosure under this section—

(a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

(b) it may impose conditions for preventing the member of public concerned from disclosing the information to any other persons.

(6) Any disclosure under this section must be made as soon as is reasonably practical having regard to all the circumstances.

(7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

(8) The record must include the following information—

(a) the reasons for making a decision to disclose information under this section,

(b) the reasons for making a decision not to disclose information under this section, and

(c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

(9) Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.

(10) This section is not to be taken as affecting any power of any person to disclose any information about a violent abuser.”

156

Insert the following new Clause—

“Disclosure of information about convictions etc. of violent abusers to members of the public: interpretation

(1) This section applies for the purposes of section (Disclosure of information about convictions etc. of violent abusers to members of the public).

(2) “At risk person” means a person deemed by the responsible authority to be at risk because of a proximate relationship to a person with a history of violent abuse.

(3) “Violent abuse” means any offences falling within the parameters of section 224 of the Criminal Justice Act 2003 committed against a person with whom the offender enjoyed a proximate relationship.

(4) “Violent abuser” means any person who—

(a) has been convicted of an offence covered by subsection (3),

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d) had been cautioned in respect of such an offence.

(5) “Responsible authority” is used in relation to any area and means the chief officer of police, the local probation board for that area, or (if there is no local probation board for that area) a relevant provider of probation service and the Minister of the Crown exercising functions in relation to prisons, acting jointly.

(6) In relation to a responsible authority, references to information about the relevant previous convictions of a violent abuser are references to information about—

(a) convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and

(b) anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution with paragraph (a) (however described).

(7) References to serious harm caused by a violent abuser are references to serious physical or psychological harm caused by the offender committing any offence against another person with whom they enjoy a proximate relationship.

(8) References to a proximate relationship are references to a person who is associated with the victim as established under section 177(1)(a) of the Housing Act 1996.

(9) A responsible authority for any area manages a violent abuser if the offender is a person who poses a risk in that area which falls to be managed by the authority under the arrangements established by it under section 325 of the Criminal Justice Act 2003.

(10) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

(11) In this section “cautioned”, in relation to any person and any offence, means—

(a) cautioned after the person has admitted the offence, or

(b) reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.

(12) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offenders Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.”

Clause 134

LORD LLOYD OF BERWICK

BARONESS BROWNING

157

Leave out Clause 134

After Clause 137

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

THE LORD BISHOP OF LONDON

158

Insert the following new Clause—

“Amendment to the Scrap Metal Dealers Act 1964

In section 5 (other offences relating to scrap metal) after subsection (2) insert—

“(3) If any scrap metal dealer accepts or makes payment in cash, that dealer shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) When deciding the level of fine to be charged under subsections (1) to (3), a court may take into account—

(a) the value of the scrap metal in question;

(b) the provenance of the scrap metal in question;

(c) the compliance of the scrap metal dealer with the provisions of sections (1) to (3) of this Act generally; and

(d) any other factors which the court deems to be relevant.””

Clause 138

LORD MCNALLY

159

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

Clause 140

LORD BACH

LORD BEECHAM

160*

Page 123, line 35, after “Part” insert “and section (Pre-commencement impact assessment)”

After Clause 140

LORD BEECHAM

161*

Insert the following new Clause—

“Duration of Part 1

(1) Part 1 of this Act, excluding section (Post-commencement review), expires at the end of the period of 3 years beginning with the day on which it commences.

(2) The Lord Chancellor may, by order, revive Part 1 if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

(3) An order under this section expires a year after the day on which it is made.

(4) An order made by the Lord Chancellor under this section shall be made by statutory instrument.”

Prepared 5th March 2012