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Make provision about legal aid; to make further provision about funding legal services; to |
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make provision about costs and other amounts awarded in civil and criminal proceedings; to |
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make provision about referral fees in connection with the provision of legal services; to make |
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provision about sentencing offenders, including provision about release on licence or |
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otherwise; to make provision about the collection of fines and other sums; to make provision |
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about bail and about remand otherwise than on bail; to make provision about the |
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employment, payment and transfer of persons detained in prisons and other institutions; to |
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make provision about penalty notices for disorderly behaviour and cautions; to make |
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provision about the rehabilitation of offenders; to create new offences of threatening with a |
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weapon in public or on school premises and of causing serious injury by dangerous driving; |
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to create a new offence relating to squatting; to increase penalties for offences relating to scrap |
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metal dealing and to create a new offence relating to payment for scrap metal; and to amend |
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section 76 of the Criminal Justice and Immigration Act 2008. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Lord Chancellor’s functions |
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(1) | The Lord Chancellor must secure (within the resources made available and in |
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accordance with this Part) that individuals have access to legal services that |
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effectively meet their needs. |
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(2) | In exercising the duty under subsection (1), the Lord Chancellor must ensure |
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that victims of domestic violence are able to access civil legal services in |
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accordance with the financial eligibility criteria in section 21 (financial |
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(3) | In this Part “legal aid” means— |
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(a) | civil legal services required to be made available under section 9 or 10 |
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or paragraph 3 of Schedule 3 (civil legal aid), and |
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(b) | services consisting of advice, assistance and representation required to |
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be made available under section 13, 15 or 16 or paragraph 4 or 5 of |
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Schedule 3 (criminal legal aid). |
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(4) | The Lord Chancellor may secure the provision of— |
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(a) | general information about the law and the legal system, and |
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(b) | information about the availability of advice about, and assistance in |
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connection with, the law and the legal system. |
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(5) | The Lord Chancellor may do anything which is calculated to facilitate, or is |
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incidental or conducive to, the carrying out of the Lord Chancellor’s functions |
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(6) | Nothing in this Part affects the powers that the Lord Chancellor has otherwise |
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(1) | The Lord Chancellor may make such arrangements as the Lord Chancellor |
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considers appropriate for the purposes of carrying out the Lord Chancellor’s |
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functions under this Part. |
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(2) | The Lord Chancellor may, in particular, make arrangements by— |
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(a) | making grants or loans to enable persons to provide services or |
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facilitate the provision of services, |
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(b) | making grants or loans to individuals to enable them to obtain services, |
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(c) | establishing and maintaining a body to provide services or facilitate the |
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(3) | The Lord Chancellor may by regulations make provision about the payment of |
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remuneration by the Lord Chancellor to persons who provide services under |
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arrangements made for the purposes of this Part. |
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(4) | If the Lord Chancellor makes arrangements for the purposes of this Part that |
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provide for a court, tribunal or other person to assess remuneration payable by |
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the Lord Chancellor, the court, tribunal or person must assess the |
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remuneration in accordance with the arrangements and, if relevant, with |
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regulations under subsection (3). |
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(5) | The Lord Chancellor may make different arrangements, in particular, in |
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(a) | different areas in England and Wales, |
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(b) | different descriptions of case, and |
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(c) | different classes of person. |
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(1) | The Lord Chancellor may set and monitor standards in relation to services |
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made available under this Part. |
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(2) | The Lord Chancellor may, in particular, make arrangements for the |
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accreditation of persons providing, or wishing to provide, such services by— |
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(a) | the Lord Chancellor, or |
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(b) | persons authorised by the Lord Chancellor. |
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(3) | Arrangements for accreditation must include— |
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(a) | arrangements for monitoring services provided by accredited persons, |
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(b) | arrangements for withdrawing accreditation where the services |
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provided are unsatisfactory. |
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(4) | The Lord Chancellor may impose charges in connection with— |
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(b) | monitoring services provided by accredited persons, and |
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(c) | authorising accreditation by others. |
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(5) | Persons authorised by the Lord Chancellor may, in accordance with the terms |
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of their authorisation, impose charges in connection with— |
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(b) | monitoring services provided by accredited persons. |
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4 | Director of Legal Aid Casework |
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(1) | The Lord Chancellor must designate a civil servant as the Director of Legal Aid |
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Casework (“the Director”). |
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(2) | The Lord Chancellor must make arrangements for the provision to the Director |
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by civil servants or other persons (or both) of such assistance as the Lord |
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Chancellor considers appropriate. |
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(a) | comply with directions given by the Lord Chancellor about the |
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carrying out of the Director’s functions under this Part, and |
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(b) | have regard to guidance given by the Lord Chancellor about the |
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carrying out of those functions. |
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(4) | The Lord Chancellor may not give directions or guidance about the carrying |
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out of those functions in relation to individual cases. |
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(5) | The Lord Chancellor must publish any directions and guidance given about |
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the carrying out of those functions. |
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(6) | Directions and guidance under this section may be revised or withdrawn from |
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(7) | The Lord Chancellor must ensure that the terms on which the designated |
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person holds the post of Director are, as regards the making and termination |
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of the designation and otherwise, such as to ensure the Director’s |
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independence from Ministers of the Crown (subject to any direction or |
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guidance given under subsection (3)) in relation to the carrying out of the |
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Director’s functions under this Part. |
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(8) | In this section “Minister of the Crown” has the meaning given by the Ministers |
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(1) | The following functions of the Lord Chancellor may be exercised by, or by |
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employees of, a person authorised by the Lord Chancellor for that purpose— |
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(a) | securing the provision of information under section 1(4), and |
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(b) | setting and monitoring standards under section 3. |
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(2) | Regulations may provide for a function of the Lord Chancellor under |
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regulations made under this Part to be exercisable by, or by employees of, a |
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person authorised by the Lord Chancellor for that purpose. |
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(3) | The functions conferred on the Director by this Part may be exercised by, or by |
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employees of, a person authorised by the Director for that purpose. |
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(4) | Regulations may provide for a function of the Director under regulations made |
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under this Part to be exercisable by, or by employees of, a person authorised by |
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the Director for that purpose. |
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(5) | A direction given by the Lord Chancellor under section 4 about the carrying |
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out of the Director’s functions may, in particular, require the Director— |
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(a) | to authorise, or not to authorise, a person to carry out a function |
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specified in the direction, or |
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(b) | to authorise, or not to authorise, a person specified, or of a description |
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specified, in the direction to carry out such a function. |
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(6) | Regulations under subsection (2) or (4) may provide that a function may be |
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(a) | wholly or to a limited extent; |
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(b) | generally or in particular cases or areas; |
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(c) | unconditionally or subject to conditions. |
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(7) | An authorisation given for the purposes of this section or regulations under |
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this section may provide that a function may be exercised— |
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(a) | wholly or to a limited extent; |
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(b) | generally or in particular cases or areas; |
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(c) | unconditionally or subject to conditions. |
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(8) | In the case of an authorisation given for the purposes of regulations under this |
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section, subsection (7) is subject to the provisions of the regulations. |
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(1) | An authorisation given for the purposes of section 5 or regulations under that |
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(a) | may specify its duration, |
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(b) | may specify or describe the authorised person, |
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(c) | may be varied or revoked at any time by the person who gave it, and |
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(d) | does not prevent the Lord Chancellor, the Director or another person |
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from exercising the function to which the authorisation relates. |
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(2) | Anything done or omitted to be done by or in relation to a person authorised |
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under section 5(1) or regulations under section 5(2) (or an employee of such a |
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person) in, or in connection with, the exercise or purported exercise of the |
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function concerned is to be treated for all purposes as done or omitted to be |
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done by the Lord Chancellor. |
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(3) | Anything done or omitted to be done by or in relation to a person authorised |
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under section 5(3) or regulations under section 5(4) (or an employee of such a |
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person) in, or in connection with, the exercise or purported exercise of the |
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function concerned is to be treated for all purposes as done or omitted to be |
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(4) | Subsections (2) and (3)— |
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(a) | do not affect the rights and liabilities of the authorised person or the |
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Lord Chancellor under any arrangements made between them, |
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(b) | do not prevent any civil proceedings which could otherwise be brought |
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by or against the authorised person (or an employee of that person) |
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(c) | do not apply for the purposes of criminal proceedings brought in |
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respect of anything done or omitted to be done by the authorised |
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person (or an employee of that person), and |
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(d) | do not make the Lord Chancellor or the Director liable under section 6 |
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of the Human Rights Act 1998 in respect of any act or omission of an |
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authorised person if the act or omission is of a private nature. |
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(a) | an authorisation given for the purposes of section 5 or regulations |
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under that section is revoked, and |
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(b) | at the time of the revocation so much of any contract made between the |
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authorised person and the Lord Chancellor as relates to the exercise of |
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the function is subsisting, |
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| the authorised person is entitled to treat the contract as repudiated by the Lord |
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Chancellor (and not as frustrated by reason of the revocation). |
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(6) | In this section “authorised person” means a person authorised for the purposes |
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of section 5 or regulations under that section. |
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(1) | As soon as reasonably practicable after the end of each financial year, the |
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Director must prepare an annual report for the financial year. |
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(2) | The annual report must state how the Director has carried out the functions of |
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the office in the financial year. |
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(3) | The Director must send a copy of the report to the Lord Chancellor. |
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(4) | The Lord Chancellor must— |
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(a) | lay the copy of the report before Parliament, and |
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(b) | arrange for it to be published. |
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(5) | In this section “financial year” means— |
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(a) | the period beginning on the day on which section 4 comes into force |
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and ending on the following 31 March, and |
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(b) | each successive period of 12 months. |
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