Legal Aid, Sentencing and Punishment of Offenders Bill

Insert the following new Clause—

“Exception for international human rights cases

The changes made by sections 46, 48 and 49 of this Act do not apply in relation to proceedings which include a claim for damages for international human rights cases as defined in section 58(c) (2B) (Recovery of insurance premiums by way of costs) of the Courts and Legal Services Act 1990, as inserted by section 48 of this Act.”

Page 58, line 45, at end insert—

“(9) In Schedule 9 to that Act (transfer of community orders to Scotland or Northern Ireland)—

(a) in paragraph 1(5), after “require” insert “an alcohol abstinence and monitoring requirement or”, and

(b) in paragraph 3, after sub-paragraph (4) insert—

“(4A) The court may not by virtue of sub-paragraph (1) or (3) require an alcohol abstinence and monitoring requirement to be complied with in Northern Ireland.”

(10) In Schedule 13 to that Act (transfer of suspended sentence orders to Scotland or Northern Ireland—

(a) in paragraph 1(5), after “require” insert “an alcohol abstinence and monitoring requirement or”, and

(b) in paragraph 6, after sub-paragraph (4) insert—

“(4A) The court may not by virtue of sub-paragraph (1) or (3) require an alcohol abstinence and monitoring requirement to be complied with in Northern Ireland.”

(11) In the Armed Forces Act 2006—

(a) in section 180 (transfer of service community order to Scotland or Northern Ireland), in subsection (2), after “3(1)” insert “and (4A)”, and

(b) in section 204 (transfer of suspended sentence order to Scotland or Northern Ireland), in subsection (2), for “6(5)” substitute “6(4A) and (5)”.”

Page 59, line 24, after “(5)(a)” insert “—

(a) ”

Page 59, line 25, at end insert “;

(b) may not enable a court to provide for an alcohol abstinence and monitoring requirement to be complied with in Scotland or Northern Ireland.”

Page 132, line 7, at end insert “or if the building has been empty twelve months or more and is not subject to a current planning application”

Page 132, leave out lines 9 and 10 and insert—

“( ) a building is “residential” if it falls within use class C3 (dwellings, houses, flats, apartments) or C4 (houses of multiple occupation) as designated by the Town and Country Planning (Use Classes) Order 1987 (as amended) or any equivalent designation prescribed by the Secretary of State; and”

Page 137, line 15, leave out “(2) and (3)” and insert “, (1A), (2) and (3).

(1A) An order under this section bringing into force sections 46 and 48 may not be made until the Lord Chancellor has laid before both Houses of Parliament a statement outlining the proposed arrangements for insolvency proceedings in the light of the changes made by Part 2”

Page 137, line 15, leave out “and (3)” and insert “, (3) and (3A)”

Page 137, line 22, at end insert—

“(3A) Section 145 shall not come into force until the Lord Chancellor or the Secretary of State has consulted representatives of local authorities and such other persons as he considers appropriate.”

Page 137, line 38, at end insert—

“(3A) Section 78 extends to England and Wales, Scotland and Northern Ireland, subject to subsection (10).”

Page 138, line 24, after “sections” insert “78,”

Page 145, line 26, at end insert “or to secure the return of a related child who has been unlawfully removed from the United Kingdom”

Page 145, line 30, at end insert—

“( ) an order under section 34 of that Act for the child’s return;”

Page 145, line 32, at end insert—

“(1A) Civil legal services provided to an individual in relation to the following orders and applications where the individual is seeking to secure the return of a related child who has been unlawfully removed to a place in the United Kingdom—

(a) a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b) an application under section 27 of the Family Law Act 1986 for registration of an order relating to the child;

(c) an order under section 33 of that Act for disclosure of the child’s whereabouts;

(d) an order under section 34 of that Act for the child’s return.”

Page 145, line 34, leave out “Sub-paragraph (1) is” and insert “Sub-paragraphs (1) and (1A) are”

Page 160, line 7, at end insert—

“( ) Civil legal services provided for the purposes of sub-paragraph (1) include legal advice and assistance in respect of that individual’s financial circumstances, including any eligibility for housing benefits, where those circumstances have led or directly contributed, to the relevant court order for sale or possession, or eviction.”