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

(b) a compensation scheme, or

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

(2) Accordingly, paragraph 1(3) does not apply in relation to rights, powers,
5duties or liabilities under or in connection with an occupational pension
scheme or a compensation scheme.

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

(a) 10an occupational pension scheme, or

(b) a compensation scheme,

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

(4) 15A transfer scheme may provide that anything done (or having effect as if
done) before the day on which the transfer scheme takes effect—

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

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

20is to have effect, so far as is necessary for continuing its effect on and after
that day, as if done by or in relation to the transferee.

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

(a) 25by or in relation to the LSC, and

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

may be continued by or in relation to the transferee.

(6) A transfer scheme may provide that a reference to the LSC in a document,
30including an enactment, constituting or relating to anything transferred by
virtue of the scheme is to have effect, so far as is necessary for giving effect
to that scheme, as a reference to the transferee.

(7) A transfer scheme may, so far as is necessary for giving effect to that scheme,
provide that an enactment that applies in relation to compensation schemes
35or occupational pension schemes applies to a compensation scheme or
occupational pension scheme that is the subject of the transfer scheme, the
members of such a scheme or the transferee with modifications specified in
the transfer scheme.

(8) A transfer scheme may—

(a) 40amend or otherwise modify a compensation scheme that is the
subject of the transfer scheme, and

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

(9) The power under sub-paragraph (8) includes power to amend or otherwise
45modify any instrument relating to the constitution, management or
operation of a compensation scheme.

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

(11) A transfer scheme may include consequential, incidental, supplementary,
5transitional, transitory and saving provision.

(12) In this paragraph—

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

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

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

Power to merge LSC occupational pension schemes

5 (1) The Lord Chancellor may make a scheme providing for the merger of LSC
15occupational pension schemes.

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

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

(b) create, modify or remove rights, powers, duties or liabilities under or
20in connection with an LSC occupational pension scheme,

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

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

(e) 25include consequential, incidental, supplementary, transitional,
transitory and saving provision.

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

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

(b) 30rules of an LSC occupational pension scheme, and

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

(4) A scheme under this paragraph must ensure that the merger of the LSC
occupational pension schemes does not, to any extent, deprive members of
35the LSC occupational pension schemes, or other beneficiaries under those
schemes, of rights that accrue to them under those schemes before the
merger takes effect.

(5) Subject to sub-paragraph (4), a scheme under this paragraph has effect in
spite of any provision (of any nature) which would otherwise prevent the
40merger of the LSC occupational pension schemes.

(6) In this paragraph—

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

  (a)

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

  Legal Aid, Sentencing and Punishment of Offenders BillPage 162

  (b)

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

• “occupational pension scheme” has the same meaning as in the Pension
  5Schemes Act 1993.

Part 2 Transfer of property etc

Transfer of interests in land

6 (1) The LSC’s interests in land are by virtue of this sub-paragraph transferred to
10the Secretary of State for Communities and Local Government on the
transfer day.

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

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

(b) for the purposes of, or in connection with, anything transferred by
15virtue of sub-paragraph (1),

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

(3) Anything which is in the process of being done immediately before the
20transfer day—

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

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

may be continued by or in relation to the Secretary of State for Communities
25and Local Government.

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

(5) 30In this paragraph—

• “interest in land” means—

  (a)

  an estate or interest in land, and

  (b)

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

• 35but does not include a charge on an estate or interest in land;

• “land” includes buildings and other structures.

Transfer of other property, rights and liabilities

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

(2) 40Sub-paragraph (1) does not apply to—

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

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

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

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

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

5is to have effect, so far as is necessary for continuing its effect on and after
that day, as if done by or in relation to the Lord Chancellor.

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

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

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

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

(5) A reference to the LSC in a document, including an enactment, constituting
or relating to anything transferred by virtue of sub-paragraph (1) is to have
15effect, so far as is necessary for giving effect to that sub-paragraph, as a
reference to the Lord Chancellor.

Part 3 Supplementary

Disapplying restrictions on transfer

8 20Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation
to property, rights, powers, duties and liabilities in spite of any provision (of
any nature) which would otherwise prevent or restrict their transfer.

Certificate

9 A certificate issued by the Lord Chancellor stating that anything specified in
25the certificate has vested in a person specified in the certificate by virtue of
any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive
evidence of that fact for all purposes.

Validity

10 The transfer of property, rights, powers, duties or liabilities by any of
30paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the
validity of anything done by or in relation to the LSC before that paragraph
or scheme has effect.

Power to make further provision

11 (1) The Lord Chancellor may by regulations make consequential,
35supplementary, incidental, transitional, transitory or saving provision in
connection with—

(a) transfers effected by this Schedule, or

(b) schemes made under this Schedule.

(2) The regulations may, in particular, include provision modifying an
40enactment (whenever passed or made), including this Schedule.

Interpretation

12 In this Schedule—

• “the LSC” means the Legal Services Commission;

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

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

Section 38

SCHEDULE 5 Legal aid: consequential amendments

10Part 1 Amendments

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

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

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

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

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

3 20In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in
subsection (3) for “under section 17 of the Access to Justice Act 1999”
substitute “relating to a requirement to make a payment under regulations
under section 22 or 23 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”.

25Children and Young Persons Act 1969 (c. 54)Children and Young Persons Act 1969 (c. 54)

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

(2) In paragraph (a)—

(a) 30for the words from the beginning to “but the right” substitute
“representation was provided to the child or young person under
Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 for the purposes of the proceedings but”, and

(b) for “to be granted such a right” substitute “for such representation”.

(3) 35In paragraph (aa) for “to be granted a right to it” substitute “for such
representation”.

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

(2) In paragraph (a)—

(a) 5for the words from the beginning to “but the right” substitute
“representation was provided to the person under Part 1 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 for the
purposes of the proceedings but”, and

(b) for “to be granted such a right” substitute “for such representation”.

(3) 10In paragraph (aa) for “to be granted a right to it” substitute “for such
representation”.

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

6 In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which
magistrates’ court may make attachment of earnings order) for the words
15from “paid by” to the end substitute “paid under regulations under section
22 or 23 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”.

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

7 The Solicitors Act 1974 is amended as follows.

8 (1) 20Section 47 (jurisdiction and powers of Tribunal) is amended as follows.

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

(3) In subsection (2A)—

(a) 25for “providing representation” substitute “criminal legal aid work”,
and

(b) for “funded by the Legal Services Commission as part of the
Community Legal Service or Criminal Defence Service” substitute
“provided under arrangements made for the purposes of Part 1 of
30the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

(4) After subsection (3B) insert—

“(3C) In this section “criminal legal aid work” means the provision under
arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 of—

(a) 35advice or assistance described in section 12 or 14 of that Act,
or

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

9 In section 49(3) (appeals from Tribunal) for “providing representation
funded by the Legal Services Commission as part of the Criminal Defence
40Service” substitute “criminal legal aid work (as defined in that section)”.

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

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

5Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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

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

12 10The Magistrates’ Courts Act 1980 is amended as follows.

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

“(i) whether, for the purposes of the proceedings, representation
was provided to the accused or any of the accused under Part
151 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012.”

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

(a) in paragraph (a) for the words from “to be granted” to “Criminal
Defence Service” substitute “to be provided with representation for
20the purposes of the proceedings under Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”, and

(b) in paragraph (b) for “the Legal Services Commission must decide
whether or not to grant him that right” substitute “the necessary
arrangements must be made for him to apply for it and, where
25appropriate, obtain it”.

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

“(g) whether, for the purposes of the proceedings, representation
was provided to the accused or any of the accused under Part
301 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012.”

16 In section 92(1)(b) (exception to restriction on power to impose
imprisonment for default) for the words from “under section 17(2)” to
“criminal case” substitute “made by a court under regulations under section
3522 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(payment by individual in respect of legal aid)”.

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

“(a) 40powers in relation to further remand (whether in custody or
on bail), and

(b) powers under Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.”

18 In section 145A(4) (rules about costs orders against legal representatives) for
45“the Legal Services Commission” substitute “the Lord Chancellor under

arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012”.

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

19 The Senior Courts Act 1981 is amended as follows.

20 5In section 28(4) (appeals from Crown Court and inferior courts) for “an order
under section 17 of the Access to Justice Act 1999” substitute “a requirement
to make a payment under regulations under section 22 or 23 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012”.

21 In section 29(6) (mandatory, prohibiting and quashing orders) for “orders
10under section 17 of the Access to Justice Act 1999” substitute “requirements
to make payments under regulations under section 22 or 23 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.

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

22 Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is
15amended as follows.

23 In section 19(2)(b) (matters of which account to be taken when making order
as to costs) for “any grant of a right to representation funded by the Legal
Services Commission as part of the Criminal Defence Service” substitute “of
whether, for the purposes of the proceedings, representation has been
20provided under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”.

24 In section 20(2) (regulations) for “by the Legal Services Commission or out
of central funds” substitute “by the Lord Chancellor under arrangements
made for the purposes of Part 1 of the Legal Aid, Sentencing and
25Punishment of Offenders Act 2012 or out of central funds in accordance with
a costs order”.

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

(2) In subsection (1), in the definition of “legally assisted person” for the words
from “to whom” to the end of the definition substitute “for whom advice,
30assistance or representation is provided under arrangements made for the
purposes of Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”.

(3) In subsection (4A)(a) for the words from “not” to “Service” substitute “not to
include the cost of advice, assistance or representation provided to the
35person under arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.

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

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

26 40In section 11 of the Child Abduction and Custody Act 1985 (cost of
applications for child custody or access), for paragraph (a) (but not the “or”
following it) substitute—

“(a) the provision of any civil legal services (within the meaning
of Part 1 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2012) under arrangements made for the
purposes of that Part of that Act,”.

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

27 Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as
5follows.

28 In section 40(1) (legal aid complaints) for the words from “funded by” to
“Criminal Defence Service” substitute “under arrangements made for the
purposes of Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”.

29 10In section 41(2) (reduction of fees payable where legal aid complaint
made)—

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

(b) for “by him as part of the Community Legal Service or Criminal
Defence Service” substitute “by the barrister under arrangements
15made for the purposes of Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012”.

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

(2) In subsections (1) and (3) for “providing representation funded by the Legal
20Services Commission as part of the Criminal Defence Service” substitute
“criminal legal aid work”.

(3) At the end insert—

“(5) In this section “criminal legal aid work” means the provision under
arrangements made for the purposes of Part 1 of the Legal Aid,
25Sentencing and Punishment of Offenders Act 2012 of—

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

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

31 In section 43(3) (reduction of costs payable where legal aid complaint
30made)—

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

(b) for “as part of the Community Legal Service or Criminal Defence
Service” substitute “under arrangements made for the purposes of
Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
352012”.

32 In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid
complaints) for “providing representation funded by the Legal Services
Commission as part of the Criminal Defence Service” substitute “criminal
legal aid work (as defined in that section)”.

40Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

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

(a) for “section 10(7) of the Access to Justice Act 1999” substitute “section
24 of the Legal Aid, Sentencing and Punishment of Offenders Act
452012”, and

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

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

34 The Criminal Justice Act 1987 is amended as follows.

35 In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of
5Schedule 3 to the Access to Justice Act 1999” substitute “regulations under
section 18 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”.

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

“(h) 10whether, for the purposes of the proceedings, representation
was provided to the accused or any of the accused under Part
1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012.”

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

37 15In section 82(4) of the Housing Act 1988 (charges to recover costs of
assistance in legal proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999” substitute “section
24 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”, and

(b) 20for “Legal Services Commission” substitute “Lord Chancellor”.

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

38 In section 25(6) of the Children Act 1989 (child without legal representation
not to be placed in secure accommodation without having been informed of
right to apply for legal aid), for the words from “representation” to
25“Criminal Defence Service” substitute “the provision of representation
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”.

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

39 (1) Section 31B of the Courts and Legal Services Act 1990 (advocates and
30litigators employed by Legal Services Commission) is amended as follows.

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

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

“(b) is employed by the Lord Chancellor, or by any body
35established and maintained by the Lord Chancellor, under
arrangements made for the purposes of Part 1 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012.”

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

40 In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring
40certain cases involving children) for “paragraph 2 of Schedule 3 to the Access
to Justice Act 1999” substitute “regulations under section 18 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.