Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 129)

13 Advocacy in the First-tier Tribunal that falls within the description of civil
legal services in paragraph 25 of Part 1 of this Schedule.

14 Advocacy in proceedings in the First-tier Tribunal under—

(a) section 4 or 4A of the Protection of Children Act 1999 (appeals and
5applications relating to list of barred from regulated activities with
children or vulnerable adults),

(b) section 86 or 87 of the Care Standards Act 2000 (appeals and
applications relating to list of persons unsuitable to work with
vulnerable adults),

(c) 10section 32 of the Criminal Justice and Court Services Act 2000
(applications relating to disqualification orders), or

(d) section 144 of the Education Act 2002 (appeals and reviews relating
to direction prohibiting person from teaching etc).

15 Advocacy in proceedings in the Upper Tribunal arising out of proceedings
15within any of paragraphs 9 to 14 of this Part of this Schedule.

16 Advocacy in proceedings in the Upper Tribunal under section 4 of the
Safeguarding Vulnerable Groups Act 2006.

17 Advocacy in proceedings in the Upper Tribunal under section 11 of the
Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law)
20from decisions made by the First-tier Tribunal or the Special Educational
Needs Tribunal for Wales in proceedings under—

(a) Part 4 of the Education Act 1996 (special educational needs), or

(b) the Equality Act 2010.

18 Advocacy in proceedings which are brought before the Upper Tribunal
25(wholly or primarily) to exercise its judicial review jurisdiction under section
15 of the Tribunals, Courts and Enforcement Act 2007.

19 Advocacy where judicial review applications are transferred to the Upper
Tribunal from the High Court under section 31A of the Senior Courts Act
1981.

20 30Advocacy in proceedings in the Employment Appeal Tribunal, but only to
the extent that the proceedings concern contravention of the Equality Act
2010.

Other exceptions

21 Advocacy in proceedings in the Special Immigration Appeals Commission.

22 35Advocacy in proceedings in the Proscribed Organisations Appeal
Commission.

23 Advocacy in—

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

(b) 40prescribed legal proceedings relating to orders and procedures
prescribed under paragraph 11(1)(g) of Part 1 of this Schedule;

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

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

25 Advocacy in bail proceedings before any court which are related to
5proceedings within any other paragraph of this Part of this Schedule.

26 Advocacy in proceedings before any person for the enforcement of a
decision in proceedings within any other paragraph of this Part of this
Schedule.

Part 4 10Interpretation

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

2 15References in this Schedule to an Act or instrument, or a provision of an Act
or instrument—

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

(b) include the Act, instrument or provision as applied by another Act or
20instrument (with or without modifications).

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

4 25References in this Schedule to services provided in relation to proceedings,
orders and other matters include services provided when such proceedings,
orders and matters are contemplated.

5 (1) Where a paragraph of Part 1 or 2 of this Schedule describes services that
consist of or include services provided in relation to proceedings, the
30description is to be treated as including, in particular—

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

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

(c) services provided in relation to a related appeal or reference to a
35court, tribunal or other person, and

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

(2) Where a paragraph of Part 3 of this Schedule describes advocacy provided
in relation to particular proceedings in or before a court, tribunal or other
40person, the description is to be treated as including services provided in
relation to preliminary or incidental proceedings in or before the same court,
tribunal or other person.

(3) Regulations may make provision specifying whether proceedings are or are
not to be regarded as preliminary or incidental for the purposes of this
45paragraph.

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

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

(b) when matters arise under a particular enactment;

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

(d) 5when proceedings are related to other proceedings.

7 In this Schedule “enactment” includes—

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

(b) an enactment contained in, or in an instrument made under, an Act
10or Measure of the National Assembly for Wales.

Section 23

SCHEDULE 2 Criminal legal aid: motor vehicle orders

Amounts payable in connection with criminal legal aid

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

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

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

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

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

(3) 25In this Schedule “criminal legal aid” means—

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

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

Recovery by means of motor vehicle orders

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

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

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

Motor vehicle orders

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

(a) 40a clamping order;

(b) a vehicle sale order.

(2) A clamping order is an order—

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

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

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

(a) a motor vehicle which is the subject of a clamping order is to be sold
or otherwise disposed of in accordance with provision made by
10MVO regulations, and

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

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

(a) 15the procedure for making motor vehicle orders,

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

(c) the fitting of immobilisation devices,

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

(e) 20the removal and storage of motor vehicles,

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

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

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

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

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

(5) In this Schedule—

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

• “motor vehicle” means a mechanically propelled vehicle intended or
  adapted for use on roads, except that section 189 of the Road Traffic
  Act 1988 (exceptions for certain vehicles) applies for the purposes of
  40this Schedule as it applies for the purposes of the Road Traffic Acts.

Applications

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

Matters of which court to be satisfied

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

(a) that the failure to pay the relevant overdue amount is attributable to
5the individual’s wilful refusal or culpable neglect, and

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

(2) In this paragraph “the estimated recoverable amount” means the aggregate
10of—

(a) the relevant overdue amount, and

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

Ownership of motor vehicles

6 (1) 15MVO regulations must provide that a clamping order must not be made
except in relation to a motor vehicle which is owned by the individual liable
to pay the relevant overdue amount.

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

20Motor vehicles used by disabled persons

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

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

(b) 25in relation to which there are reasonable grounds for believing that it
is used for the carriage of a disabled person.

(2) In this paragraph—

• “disabled person’s badge” means a badge issued, or having effect as if
  issued, under regulations under section 21 of the Chronically Sick
  30and Disabled Persons Act 1970 (badges for display on motor vehicles
  used by disabled persons);

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

35Restrictions on making vehicle sale orders

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

Section 30

SCHEDULE 3 Legal aid for legal persons

Legal persons

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

5Exceptional case determinations

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

(2) 10This sub-paragraph is satisfied if it is necessary to make the services
available to the legal person under this Part because failure to do so would
be a breach of—

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

(b) 15any rights of the person to the provision of legal services that are
enforceable EU rights.

(3) This sub-paragraph is satisfied if it is appropriate to make the services
available to the legal person under this Part, in the particular circumstances
of the case, having regard to any risk that failure to do so would be such a
20breach.

Civil legal aid

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

(a) has made an exceptional case determination in relation to the person
25and the services, and

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

(and has not withdrawn either determination).

(2) Sections 10 and 11(1) apply in relation to a determination under sub-
30paragraph (1)(b) as they apply in relation to a determination under section
9(2)(b).

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

(4) In sections 10 and 11 as applied by this paragraph, references to an
35individual include a legal person.

Advice and assistance for criminal proceedings

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

(a) 40prescribed conditions are met,

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

(c) the Director has determined that the legal person qualifies for such
5advice and assistance in accordance with the regulations (and has
not withdrawn that determination).

(2) Those legal persons are—

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

(b) 10legal persons who are before a court, tribunal or other person in
criminal proceedings.

(3) Subsections (3) to (9) of section 14 apply in relation to regulations under this
paragraph (and decisions made under such regulations) as they apply in
relation to regulations under that section (and decisions made under such
15regulations).

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

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

20Representation for criminal proceedings

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

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

(b) 25the proceedings involve the person resisting an appeal to the Crown
Court otherwise than in an official capacity,

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

(2) Those conditions are that the Director—

(a) has made an exceptional case determination in relation to the legal
30person and representation for the purposes of the proceedings, and

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

(and has not withdrawn either determination).

(3) Where a legal person qualifies under this Part for representation for the
35purposes of criminal proceedings, representation is also to be available to
the legal person for the purposes of any preliminary or incidental
proceedings.

(4) Regulations under section 15(4) and (5) apply for the purposes of sub-
paragraph (3) as they apply for the purposes of section 15(3), except to the
40extent that the regulations provide otherwise.

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

(6) Paragraphs (a) and (b) of section 16(1) apply in relation to a determination
45under sub-paragraph (2)(b) as they apply in relation to a determination
under section 15.

(7) Subsections (2) to (7) of section 17 apply in relation to a determination under
sub-paragraph (2) (and a decision in relation to the interests of justice for the
purposes of such a determination) as they apply in relation to a
determination under section 15 (and a decision for the purposes of such a
5determination).

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

(9) Regulations may provide that the Director may make a provisional
10determination that a legal person qualifies under this Part for representation
for the purposes of criminal proceedings where—

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

(b) the determination is made for the purposes of criminal proceedings
15that may result from the investigation, and

(c) any prescribed conditions are met.

(10) Subsections (2) and (3) of section 19 apply in relation to regulations under
sub-paragraph (9) (and determinations and decisions made under such
regulations) as they apply in relation to regulations under that section (and
20determinations and decisions made under such regulations).

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

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

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

(c) 25the reference in section 19(2)(d) to a determination made by the
Director or a court in reliance on section 17 or 18 has effect as if it
were a reference to a determination by the Director under sub-
paragraph (2)(b) made otherwise than in reliance on regulations
under sub-paragraph (9).

(12) 30Regulations may prescribe circumstances in which making representation
available to a legal person for the purposes of criminal proceedings is to be
taken to be in the interests of justice for the purposes of a determination
under this paragraph.

(13) In this paragraph “specified legal person”, in relation to criminal
35proceedings, means a description of legal person specified in regulations in
relation to those proceedings.

Financial resources

6 Section 20 applies for the purposes of a determination under paragraph
3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the
40references to an individual included a legal person.

Contributions and costs

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

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

Providers of services etc

9 (1) 5Section 26 applies in relation to the provision of services to a legal person in
accordance with this Schedule or regulations under this Schedule as it
applies in relation to the provision of services to an individual under this
Part.

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

(a) 10references to an individual include a legal person,

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

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

(3) 15In sections 27, 28 and 29, references to an individual include a legal person
for whom services are made available under this Part in accordance with this
Schedule or regulations under this Schedule.

Supplementary matters

10 (1) In sections 33, 34 and 40(2), references to an individual include a legal person
20for whom services are made available under this Part in accordance with this
Schedule or regulations under this Schedule or who is seeking the provision
of such services.

Section 37

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

25Part 1 Transfer of employees etc

Transfer

1 (1) An individual who is an employee of the Legal Services Commission (“the
LSC”) immediately before the transfer day becomes employed in the civil
30service of the State on that day.

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

(3) 35All of the rights, powers, duties and liabilities of the LSC in connection with
the individual’s employment are transferred to the Crown on the transfer
day, subject to paragraph 4(1) and (2).

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

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

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

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

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

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

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

10may be continued by or in relation to the Crown.

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

15Continuity of employment

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

(a) the individual is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (redundancy) as having been
20dismissed by reason of that transfer, and

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

Right to object to transfer

3 (1) 25This paragraph has effect where, before the transfer day, an individual who
is an employee of the LSC informs the LSC or the Lord Chancellor that the
individual objects to becoming employed in the civil service of the State by
virtue of paragraph 1(1).

(2) Where this paragraph has effect—

(a) 30the individual does not become employed in the civil service of the
State by virtue of paragraph 1(1),

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

(c) the individual’s contract of employment terminates immediately
35before the transfer day, and

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

Pension schemes and compensation schemes

4 (1) 40On and after the transfer day, the terms and conditions of employment of an
individual who is employed in the civil service of the State by virtue of
paragraph 1(1) do not include any term or condition that was part of the
individual’s contract of employment immediately before the transfer day
and that relates to—

(a) 45an occupational pension scheme,