Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 1 — Legal aid
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Status of Director and Lord Chancellor
(1)
The Director is to carry out the functions of the office on behalf of the Crown.
(2)
Service as the Director is service in the civil service of the State.
(3)
The Lord Chancellor is to be treated as a corporation sole—
(a)
for all purposes relating to the acquisition, holding, management and
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disposal of property and interests in property under this Part, and
(b)
for all other purposes relating to the Lord Chancellor’s functions in
connection with legal aid and other functions under this Part.
(4)
An instrument in connection with the acquisition, holding, management or
disposal by the Lord Chancellor of property or an interest in property under
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this Part or for a purpose mentioned in subsection (3)(b) may be executed on
the Lord Chancellor’s behalf by a person authorised by the Lord Chancellor for
that purpose.
(5)
Any such instrument purporting to have been executed by the Lord Chancellor
or on the Lord Chancellor’s behalf is to be received in evidence and, unless the
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contrary is proved, to be treated as having been so executed.
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Abolition of Legal Services Commission
(1)
The Legal Services Commission ceases to exist.
(2)
Schedule 4 (transfer of employees and property etc of Legal Services
Commission) has effect.
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(3)
The Lord Chancellor must, as soon as practicable after subsection (1) comes
into force—
(a)
prepare a report on how the Legal Services Commission has carried out
its functions in the final period,
(b)
lay a copy of the report before Parliament, and
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(c)
once it has been laid, publish the report.
(4)
The Lord Chancellor must, as soon as practicable after subsection (1) comes
into force—
(a)
prepare a statement of accounts for the Legal Services Commission for
the final period, and
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(b)
send a copy of the statement to the Comptroller and Auditor General.
(5)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the statement, and
(b)
arrange for a copy of the statement and the report to be laid before
Parliament.
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(6)
In this section—
“the final period” means the period—
(a)
beginning with end of the last financial year for which the Legal
Services Commission produced a report and accounts in
accordance with paragraphs 14 and 16 of Schedule 1 to the
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Access to Justice Act 1999, and
(b)
ending immediately before the day on which subsection (1)
comes into force;
“financial year” means a period of 12 months ending with 31 March.

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Part 1 — Legal aid
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Consequential and transitional provision
(1)
Schedule 5 (legal aid: consequential amendments) has effect.
(2)
Where the Lord Chancellor considers it appropriate as part of the
arrangements for effecting the transition from the operation of Part 1 of the
Access to Justice Act 1999 to the operation of this Part of this Act, the Lord
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Chancellor may by regulations make provision requiring or enabling
prescribed 1999 Act services to be made available to individuals or other
persons under this Part for a period specified or described in the regulations.
(3)
In subsection (2) “1999 Act services” means services which, immediately before
the day on which the first regulations under that subsection come into force,
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may be funded under Part 1 of the Access to Justice Act 1999.
(4)
Where the Lord Chancellor considers it appropriate for the Legal Services
Commission to cease to exist before this Part is brought fully into force, the
Lord Chancellor may by regulations make provision for the purpose of
requiring or enabling the Lord Chancellor and the Director, or persons
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authorised by the Lord Chancellor or the Director, to carry out LSC functions
for a period specified or described in the regulations.
(5)
In subsection (4) “LSC functions” means functions conferred or imposed on the
Legal Services Commission by or under Part 1 of the Access to Justice Act 1999.
(6)
Regulations under subsection (4) may not include provision requiring or
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enabling the Lord Chancellor—
(a)
to take decisions about whether services should be funded in
individual cases, or
(b)
to give directions or guidance about the carrying out of functions under
Part 1 of the Access to Justice Act 1999 in relation to individual cases.
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(7)
Regulations under this section—
(a)
may amend, repeal, revoke or otherwise modify Part 1 of the Access to
Justice Act 1999, this Part of this Act, any other Act and any instrument
made under an Act;
(b)
may describe a period, in particular, by reference to the coming into
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force of a provision of this Part of this Act or the repeal of a provision
of Part 1 of the Access to Justice Act 1999.
(8)
The requirement for regulations under this section to specify or describe a
period does not prevent the making of further regulations under this section.
(9)
The powers to make regulations under this section are without prejudice to the
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generality of the powers to make regulations under the other provisions of this
Part and under section 150.
(10)
In this section “Act” includes an Act or Measure of the National Assembly for
Wales.
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Northern Ireland: information about financial resources
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Schedule 6 (Northern Ireland: information about financial resources) has effect.
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Orders, regulations and directions
(1)
Orders, regulations and directions under this Part—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 1 — Legal aid
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(a)
may make different provision for different cases, circumstances or
areas,
(b)
may make provision generally or only for specified cases,
circumstances or areas, and
(c)
may make provision having effect for a period specified or described in
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the order, regulations or direction.
(2)
They may, in particular, make provision by reference to—
(a)
services provided for the purposes of proceedings before a particular
court, tribunal or other person,
(b)
services provided for a particular class of individual, or
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(c)
services provided for individuals selected by reference to particular
criteria or on a sampling basis.
(3)
Orders and regulations under this Part—
(a)
may provide for a person to exercise a discretion in dealing with any
matter,
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(b)
may make provision by reference to a document produced by any
person, and
(c)
may make consequential, supplementary, incidental, transitional or
saving provision.
(4)
Orders and regulations under this Part are to be made by statutory instrument.
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(5)
A statutory instrument containing an order or regulations under this Part is
subject to annulment in pursuance of a resolution of either House of
Parliament, unless it is an instrument described in subsection (6) or (9).
(6)
A statutory instrument containing an order or regulations listed in subsection
(7) (whether alone or with other provision) may not be made unless a draft of
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the instrument has been laid before, and approved by a resolution of, each
House of Parliament.
(7)
Those orders and regulations are—
(a)
orders under section 9;
(b)
regulations under section 11(1)(b), other than regulations in respect of
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which the Lord Chancellor has made an urgency statement;
(c)
regulations under section 13(8);
(d)
orders under section 17(3);
(e)
regulations under section 18(7);
(f)
regulations under section 19;
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(g)
regulations under section 20;
(h)
regulations under section 22;
(i)
regulations under section 26(3) or (6)(b) or (d);
(j)
regulations under section 27(6)(a) or (8);
(k)
regulations under section 39 that amend or repeal a provision of an Act
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(as defined in that section), other than regulations revoking such
regulations or inserting or repealing provision previously repealed or
inserted by such regulations;
(l)
regulations under paragraph 5(9) of Schedule 3;
(m)
regulations under paragraph 11 of Schedule 4 that amend or repeal a
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provision of an Act (as defined in that Schedule).

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(8)
An urgency statement is a statement that the Lord Chancellor considers that it
is desirable for the regulations to come into force without delay for the reasons
given in the statement.
(9)
Where a statutory instrument contains regulations under section 11(1)(b) in
respect of which the Lord Chancellor has made an urgency statement—
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(a)
the regulations may not come into force before the instrument and the
statement are laid before Parliament, and
(b)
the regulations cease to have effect at the end of the period of 120 days
beginning with the day on which the instrument is made unless the
instrument is approved by a resolution of each House of Parliament
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before the end of that period.
(10)
In reckoning the period of 120 days no account is to be taken of any time—
(a)
during which Parliament is dissolved or prorogued, or
(b)
during which both Houses are adjourned for more than 4 days.
(11)
Where regulations cease to have effect under subsection (9) that does not
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affect—
(a)
anything previously done in reliance on the regulations, or
(b)
the making of further regulations.
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Interpretation
(1)
In this Part—
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“advocacy” means the exercise of a right of audience before a court,
tribunal or other person;
“civil legal services” has the meaning given in section 8;
“civil servant” means an individual employed in the civil service of the
State;
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“criminal proceedings” has the meaning given in section 14;
“the Director” means the Director of Legal Aid Casework;
“functions” includes powers and duties;
“legal aid” has the meaning given in section 1;
“legal proceedings” means proceedings before a court or tribunal;
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“legal services” has the meaning given in section 8;
“modify”, in relation to an Act or instrument, includes amend, repeal or
revoke and related terms are to be interpreted accordingly;
“prescribed” means prescribed by regulations (except in Schedule 6) and
related terms are to be interpreted accordingly;
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“regulations” means regulations made by the Lord Chancellor (except in
Schedule 6);
“remuneration” includes disbursements;
“representation” means representation for the purposes of proceedings
and includes—
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(a)
the advice and assistance which is usually given by a
representative in the steps preliminary or incidental to
proceedings, and
(b)
subject to any time limits which may be prescribed, advice and
assistance as to any appeal.
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(2)
In this Part references to proceedings are to be interpreted in accordance with
section 20(3).