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

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

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

(2) For “Legal Services Commission”, in the first place, substitute “Lord
5Chancellor”.

(3) In paragraph (a)—

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

(b) after that sub-paragraph insert—

“(iv) was provided with civil legal services (within
10the 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; and”.

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

(iv) 15under regulations under section 22 or 23 of the Legal
Aid, Sentencing and Punishment of Offenders Act
2012 in respect of civil legal services (within the
meaning of Part 1 of that Act) provided under
arrangements made for the purposes of that Part of
20that Act,”.

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

42 In section 37(9) of the Criminal Procedure and Investigations Act 1996
(matters to which reporting restrictions do not apply) for paragraph (g)
substitute—

“(g) 25whether, 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.”

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

43 30The Family Law Act 1996 is amended as follows.

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

(2) In subsection (9)(h) for “services funded by the Legal Services Commission
as part of the Community Legal Service” substitute “civil legal services
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
352012”.

(3) In subsection (12) for “funded for him by the Legal Services Commission as
part of the Community Legal Service” substitute “provided for the person
under arrangements made for the purposes of Part 1 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.

(4) 40In subsection (13), after “section” insert—

• ““civil legal services” has the meaning given in Part 1 of the
  Legal Aid, Sentencing and Punishment of Offenders Act
  2012;”.

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

(2) In subsection (3) for “funded for them by the Legal Services Commission as
part of the Community Legal Service” substitute “provided for them under
arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012”.

(3) 5Omit subsection (8) (powers of Legal Services Commission).

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

46 The Crime and Disorder Act 1998 is amended as follows.

47 (1) Section 50 (early administrative hearings) is amended as follows.

(2) In subsection (2)—

(a) 10after “this section” insert “—

(a)”, and

(b) for the words from “to be granted” to the end substitute “to be
provided with representation for the purposes of the proceedings
under Part 1 of the Legal Aid, Sentencing and Punishment of
15Offenders Act 2012, and

“(b) if he indicates that he does, the necessary
arrangements must be made for him to apply for it
and, where appropriate, obtain it.”

(3) Omit subsection (2A).

48 20In section 51B(6)(b) (effect of notice given under section 51B in serious or
complex fraud cases) 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”.

49 In section 52A(7) (matters to which reporting restrictions do not apply) for
25paragraph (h) substitute—

“(h) whether, 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.”

50 30In paragraph 3(8) of Schedule 3 (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 1 of the Legal Aid, Sentencing and
35Punishment of Offenders Act 2012.”

Access to Justice Act 1999 (c. 22)Access to Justice Act 1999 (c. 22)

51 In the Access to Justice Act 1999 omit—

(a) sections 1 to 26 and Schedules 1 to 3A (legal aid), and

(b) Part 2 of Schedule 14 (transitional provision: Legal Services
40Commission).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

52 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

53 (1) Section 83(3) (exception to restriction on imposition of custodial sentence on
persons not legally represented) is amended as follows.

(2) 45In paragraph (a)—

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

(b) 50for “to be granted such a right” substitute “for such representation”.

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

54 In section 155(8) (alteration of Crown Court sentence) for “under section
17(2) of the Access to Justice Act 1999” substitute “relating to a requirement
55to make a payment under regulations under section 22 or 23 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

55 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) omit “The Legal Services Commission.”

International Criminal Court Act 2001 (c. 17)International Criminal Court Act 2001 (c. 17)

56 5In section 6(2)(c) of the International Criminal Court Act 2001
(supplementary provisions as to proceedings before competent court) for
“Access to Justice Act 1999 (c.22)1999 (c.22) (advice, assistance and representation)”
substitute “Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

57 10In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension
of disclosure powers)—

(a) omit paragraph 47, and

(b) after paragraph 53D insert—

“53E Sections 33(2) and 34 of the Legal Aid, Sentencing and
15Punishment of Offenders Act 2012.”

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

58 The Proceeds of Crime Act 2002 is amended as follows.

59 In section 245C(6)(b) (exclusion from property freezing order or prohibition
on dealing with property to which order applies) for “funded by the Legal
20Services Commission or” substitute “made available under arrangements
made for the purposes of Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 or funded by”.

60 In section 252(4A)(b) (exclusion from restriction on dealing with property)
for “funded by the Legal Services Commission or” substitute “made
25available under arrangements made for the purposes of Part 1 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 or funded by”.

Communications Act 2003 (c. 21)Communications Act 2003 (c. 21)

61 In section 119(7)(a) of the Communications Act 2003 (charges to recover
costs of assistance in proceedings)—

(a) for “section 10(7) of the Access to Justice Act 1999 (c.22)1999 (c.22)” substitute
5“section 24 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”, and

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

Extradition Act 2003 (c. 41)Extradition Act 2003 (c. 41)

62 The Extradition Act 2003 is amended as follows.

63 10In section 45(7) (consent to extradition) for paragraph (a) substitute—

“(a) in England and Wales, representation for the purposes of
criminal proceedings provided under arrangements made
for the purposes of Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012;”.

64 15In section 127(8) (consent to extradition: general) for paragraph (a)
substitute—

“(a) in England and Wales, representation for the purposes of
criminal proceedings provided under arrangements made
for the purposes of Part 1 of the Legal Aid, Sentencing and
20Punishment of Offenders Act 2012;”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

65 In section 71(8) of the Criminal Justice Act 2003 (matters to which reporting
restrictions do not apply) for paragraph (g) substitute—

“(g) whether, for the purposes of the proceedings, representation
25was provided to the defendant or any of the defendants
under Part 1 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012.”

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

66 In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
30(authorities within remit of Commissioner for Victims and Witnesses) omit
paragraph 21 (Legal Services Commission).

Equality Act 2006 (c. 3)Equality Act 2006 (c. 3)

67 In section 29(3) of the Equality Act 2006 (costs of Equality and Human Rights
Commission in providing legal assistance) for “section 11(4)(f) of the Access
35to Justice Act 1999 (c. 22)1999 (c. 22) (recovery of costs in funded cases)” substitute
“section 24 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (statutory charge in connection with civil legal aid)”.

Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)

68 In section 194(6) of the Legal Services Act 2007 (payments in respect of pro

bono representation) for paragraph (b) substitute—

“(b) provided under arrangements made for the purposes of Part
1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012.”

5Criminal Justice and Immigration Act 2008 (c. 4)Criminal Justice and Immigration Act 2008 (c. 4)

69 In paragraph 19(2) of Schedule 1 to the Criminal Justice and Immigration Act
2008 (preconditions to imposing local authority residence requirement or
fostering requirement) for paragraph (a) (but not the “or” following it)
substitute—

“(a) 10that representation was made available to the offender for
the purposes of the proceedings under Part 1 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 but
was withdrawn because of the offender’s conduct,”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

70 15In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit
“The Legal Services Commission.”

Terrorist Asset-Freezing etc Act 2010 (c. 38)2010 (c. 38)

71 In section 23(1)(d) (general power to disclose information) omit “the Legal
Services Commission,”.

20Part 2 Repeals consequential on Part 1 of this Schedule

Section 39

SCHEDULE 6 Northern Ireland: information about financial resources

Obtaining information

1 (1) The relevant authority may make an information request to—

(a) 5the Secretary of State,

(b) a relevant Northern Ireland Department, or

(c) the Commissioners for Her Majesty’s Revenue and Customs (“the
Commissioners”).

(2) An information request may be made under this paragraph only for the
purposes of facilitating a determination about an individual’s financial
resources for the purposes of —

(a) the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
5(S.I. 1981/228 (N.I. 8)S.I. 1981/228 (N.I. 8)), or

(b) the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435S.I. 2003/435)
(N.I. 10)).

(3) An information request made to the Secretary of State or a relevant Northern
Ireland Department under this paragraph may request the disclosure of
10some or all of the following information—

(a) a relevant individual’s full name and any previous names;

(b) a relevant individual’s address and any previous addresses;

(c) a relevant individual’s date of birth;

(d) a relevant individual’s national insurance number;

(e) 15a relevant individual’s benefit status at a time specified in the
request;

(f) information of a prescribed description.

(4) An information request made to the Commissioners under this paragraph
may request the disclosure of some or all of the following information—

(a) 20whether or not a relevant individual is employed or was employed
at a time specified in the request;

(b) the name and address of the employer;

(c) whether or not a relevant individual is carrying on a business, trade
or profession or was doing so at a time specified in the request;

(d) 25the name under which it is or was carried on;

(e) the address of any premises used for the purposes of carrying it on;

(f) a relevant individual’s national insurance number;

(g) a relevant individual’s benefit status at a time specified in the
request;

(h) 30information of a prescribed description.

(5) The information that may be prescribed under sub-paragraphs (3)(f) and
(4)(h) includes, in particular, information relating to—

(a) prescribed income of a relevant individual for a prescribed period,
and

(b) 35prescribed capital of a relevant individual.

(6) Information may not be prescribed under sub-paragraph (4)(h) without the
Commissioners’ consent.

(7) The Secretary of State, the relevant Northern Ireland Departments and the
Commissioners may disclose to the relevant authority information specified
40in an information request made under this paragraph.

(8) In this paragraph—

• “benefit status”, in relation to an individual, means whether or not the
  individual is in receipt of a prescribed benefit or benefits and, if so—

  (a)

  which benefit or benefits the individual is receiving,

  (b)

  45whether the individual is entitled to the benefit or benefits
  alone or jointly,

  Legal Aid, Sentencing and Punishment of Offenders BillPage 178

  (c)

  in prescribed cases, the amount the individual is receiving by
  way of the benefit (or each of the benefits) (“the benefit
  amount”), and

  (d)

  in prescribed cases, where the benefit consists of a number of
  5elements, what those elements are and the amount included
  in respect of each element in calculating the benefit amount;

• “financial resources”, in relation to an individual, includes an
  individual’s means, disposable income and disposable capital;

• “the relevant authority” means—

  (a)

  10a prescribed person, or

  (b)

  in relation to circumstances for which no person is
  prescribed, the chief executive of the Northern Ireland Legal
  Services Commission;

• “a relevant individual”, in relation to an information request under this
  15paragraph for the purposes of a determination about an individual’s
  financial resources, means—

  (a)

  that individual, and

  (b)

  any other individual whose financial resources are or may be
  relevant for the purposes of the determination;

• 20“relevant Northern Ireland Department” means the Department for
  Social Development in Northern Ireland or the Department of
  Finance and Personnel in Northern Ireland.

Restrictions on disclosing information

2 (1) A person to whom information is disclosed under paragraph 1 of this
25Schedule or this sub-paragraph may disclose the information to any person
to whom its disclosure is necessary or expedient in connection with
facilitating a determination described in paragraph 1(2).

(2) A person to whom such information is disclosed must not—

(a) disclose the information other than in accordance with sub-
30paragraph (1), or

(b) use the information other than for the purpose of facilitating a
determination described in paragraph 1(2).

(3) Sub-paragraph (2) does not prevent—

(a) the disclosure of information in accordance with an enactment or an
35order of a court,

(b) the disclosure of information for the purposes of the investigation or
prosecution of an offence (or suspected offence) under the law of
England and Wales or Northern Ireland or any other jurisdiction,
except as otherwise prescribed,

(c) 40the disclosure of information for the purposes of instituting, or
otherwise for the purposes of, proceedings before a court, or

(d) the disclosure of information which has previously been lawfully
disclosed to the public.

(4) A person who discloses or uses information in contravention of this
45paragraph is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both);

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory
maximum (or both), and

(ii) in Northern Ireland, to imprisonment for a term not
5exceeding 6 months or a fine not exceeding the statutory
maximum (or both).

(5) It is a defence for a person charged with an offence under this paragraph to
prove that the person reasonably believed that the disclosure or use was
lawful.

(6) 10In this paragraph “enactment” includes—

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

(b) an enactment contained in, or in an instrument made under, an Act
or Measure of the National Assembly for Wales or Northern Ireland
15legislation.

(7) In relation to an offence under this paragraph committed before the
commencement of section 154(1) of the Criminal Justice Act 2003, the
reference in sub-paragraph (4)(b)(i) to 12 months has effect as if it were a
reference to 6 months.

20Power to make consequential and supplementary provision etc

3 (1) The Department of Justice in Northern Ireland may by regulations make
consequential, supplementary, incidental or transitional provision in
relation to this Schedule extending to Northern Ireland.

(2) The regulations may, in particular—

(a) 25amend, repeal, revoke or otherwise modify Northern Ireland
legislation passed before this Schedule comes into force or an
instrument made under such legislation, and

(b) include transitory or saving provision.

Regulations

4 (1) 30In this Schedule “prescribed” means prescribed by regulations made by the
Department of Justice in Northern Ireland.

(2) The powers under this Schedule to make regulations are exercisable by
statutory rule for the purposes of the Statutory Rules (Northern Ireland)
Order 1979 (S.I. 1979/1573 (N.I. 12)S.I. 1979/1573 (N.I. 12)).

(3) 35Regulations under this Schedule are subject to negative resolution within the
meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954,
subject to sub-paragraph (4).

(4) The following regulations may not be made unless a draft of the regulations
has been laid before, and approved by a resolution of, the Northern Ireland
40Assembly—

(a) the first regulations under paragraph 1, and

(b) regulations under paragraph 3 that amend or repeal Northern
Ireland legislation (whether alone or with other provision).

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
45purposes of sub-paragraph (4) in relation to the laying of a draft as it applies