Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 1 — Amendments
188

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)”.
Housing Act 1985 (c. 68)
5
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
25 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”, and
10
(b)
for “Legal Services Commission” substitute “Lord Chancellor”.
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
Schedule 3 to the Access to Justice Act 1999” substitute “regulations under
15
section 19 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)
whether, for the purposes of the proceedings, representation
20
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)
37
In section 82(4) of the Housing Act 1988 (charges to recover costs of
25
assistance in legal proceedings)—
(a)
for “section 10(7) of the Access to Justice Act 1999” substitute “section
25 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”, and
(b)
for “Legal Services Commission” substitute “Lord Chancellor”.
30
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
“Criminal Defence Service” substitute “the provision of representation
35
under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”.
Courts and Legal Services Act 1990 (c. 41)
39    (1)
Section 31B of the Courts and Legal Services Act 1990 (advocates and
litigators employed by Legal Services Commission) is amended as follows.
40
      (2)
In the heading of the section for “Legal Services Commission” substitute
“Lord Chancellor”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 1 — Amendments
189

      (3)
In subsection (1) for paragraph (b) substitute—
“(b)
is employed by the Lord Chancellor, or by any body
established 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.”
5
Criminal Justice Act 1991 (c. 53)
40
In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring
certain cases involving children) for “paragraph 2 of Schedule 3 to the Access
to Justice Act 1999” substitute “regulations under section 19 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.
10
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
Chancellor”.
15
      (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
the meaning of Part 1 of the Legal Aid,
20
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)
under regulations under section 23 or 24 of the Legal
25
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
that Act,”.
30
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)
whether, for the purposes of the proceedings,
35
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)
43
The Family Law Act 1996 is amended as follows.
40
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

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 1 — Amendments
190

under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”.
      (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,
5
Sentencing and Punishment of Offenders Act 2012”.
      (4)
In 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;”.
10
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”.
15
      (3)
Omit subsection (8) (powers of Legal Services Commission).
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)—
20
(a)
after “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
25
Offenders 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).
30
48
In 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 19 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
35
paragraph (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.”
40
50
In 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

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 1 — Amendments
191

accused under Part 1 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.”
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
5
(b)
Part 2 of Schedule 14 (transitional provision: Legal Services
Commission).
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
10
persons not legally represented) is amended as follows.
      (2)
In 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
15
Punishment of Offenders Act 2012 but”, and
(b)
for “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
20
17(2) of the Access to Justice Act 1999” substitute “relating to a requirement
to make a payment under regulations under section 23 or 24 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012”.
Freedom of Information Act 2000 (c. 36)
55
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
25
authorities) omit “The Legal Services Commission.”
International Criminal Court Act 2001 (c. 17)
56
In 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) (advice, assistance and representation)”
30
substitute “Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
57
In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension
of disclosure powers)—
(a)
omit paragraph 47, and
35
(b)
after paragraph 53D insert—
“53E
Sections 34(2) and 35 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.”

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 1 — Amendments
192

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
Services Commission or” substitute “made available under arrangements
5
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
available under arrangements made for the purposes of Part 1 of the Legal
10
Aid, Sentencing and Punishment of Offenders Act 2012 or funded by”.
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)” substitute
15
“section 25 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)
62
The Extradition Act 2003 is amended as follows.
20
63
In 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;”.
25
64
In 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
30
Punishment of Offenders Act 2012;”.
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
35
was 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)
66
In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
40
(authorities within remit of Commissioner for Victims and Witnesses) omit
paragraph 21 (Legal Services Commission).

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 2 — Repeals consequential on Part 1 of this Schedule
193

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
to Justice Act 1999 (c. 22) (recovery of costs in funded cases)” substitute
“section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act
5
2012 (statutory charge in connection with civil legal aid)”.
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
10
1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012.”
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
15
fostering requirement) for paragraph (a) (but not the “or” following it)
substitute—
“(a)
that 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
20
was withdrawn because of the offender’s conduct,”.
Equality Act 2010 (c. 15)
70
In 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)
25
71
In section 23(1)(d) (general power to disclose information) omit “the Legal
Services Commission,”.
Part 2
Repeals consequential on Part 1 of this Schedule

Short title and chapter
Extent of repeal

30

Legal Aid Act 1988 (c. 34)
In Schedule 5, paragraph 13.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 5 — Legal aid: consequential amendments
Part 2 — Repeals consequential on Part 1 of this Schedule
194

Short title and chapter
Extent of repeal

Access to Justice Act 1999 (c. 22)
In Schedule 4—

(a)
paragraph 1;

(b)
paragraph 8;

(c)
paragraphs 10 to 12;

5

(d)
paragraphs 15 to 19;

(e)
paragraphs 29 and 30(2) and (3)(a);

(f)
paragraph 33;

(g)
paragraph 35;

(h)
paragraphs 38 to 40;

10

(i)
paragraph 45;

(j)
paragraph 47;

(k)
paragraph 49;

(l)
paragraphs 51(3) and 52;

(m)
paragraph 55.

15

Terrorism Act 2000 (c. 11)
In Schedule 15, paragraph 19.

Child Support, Pensions and
In Schedule 8, paragraph 15.

Social Security Act 2000

(c. 19)

Criminal Defence Service
The whole Act.

20

(Advice and Assistance) Act

2001 (c. 4)

Anti-terrorism, Crime and
Section 2(1) to (3).

Security Act 2001 (c. 24)

Proceeds of Crime Act 2002
In Schedule 11, paragraph 36.

25

(c. 29)

Adoption and Children Act
In Schedule 3, paragraph 102.

2002 (c. 38)

Nationality, Immigration and
Section 116.

Asylum Act 2002 (c. 41)

30

Extradition Act 2003 (c. 41)
Section 182.

Criminal Justice Act 2003 (c. 44)
In Schedule 26, paragraph 51.

Civil Partnership Act 2004
In Schedule 27, paragraph 156.

(c. 33)

Constitutional Reform Act 2005
In Schedule 9, paragraph 68(3).

35

(c. 4)

Mental Capacity Act 2005 (c. 9)
In Schedule 6, paragraph 44.

Criminal Defence Service Act
Sections 1 to 3.

2006 (c.9)
Section 4(1).

Serious Crime Act 2007 (c. 27)
In Schedule 8, paragraph 159.

40

Legal Services Act 2007 (c. 29)
In Schedule 16, paragraphs 51(4) and 108(c).

In Schedule 21, paragraph 128.

Criminal Justice and
Sections 56 to 58.

Immigration Act 2008 (c. 4)