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am140-b.1-4


 
 

 

Legal Aid, Sentencing and Punishment of

Offenders Bill

Consideration of

commons reasons and Amendments

Clause 1

LORD PANNICK

Lord Pannick to move, as an amendment to the motion in the name of Lord McNally not to

insist on Amendment 1, at end to insert—

“but do propose the following amendment in lieu—

“Leave out subsection (1) and insert—

“The Lord Chancellor shall exercise his powers under this Part with a view

to securing that individuals have access to legal services that effectively

meet their needs, subject to the resources which the Lord Chancellor

decides, in his discretion, to make available, and subject to the provisions

of this Part.”””

Before Clause 43

LORD ALTON OF LIVERPOOL

As an amendment to the motion in the name of Lord McNally not to insist on

Amendment 31, line 1, leave out “not”

LORD WIGLEY

As an amendment to the motion in the name of Lord McNally not to insist on

Amendment 32, line 1, leave out “not”

 

HL Bill 140(b)                                                           55/1 

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2

 

Schedule 1

LORD BACH

Lord Bach to move, as an amendment to the motion in the name of Lord McNally not to

insist on Amendment 168, at end to insert—

“but do propose the following amendment in lieu—

“(1) Civil legal services for an appeal to a first-tier tribunal, in respect of a

social welfare decision relating to a benefit, allowance, payment, credit

or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012;

(g) the Vaccine Damage Payments Act 1979;

(h) Part 4 of the Child Maintenance and Other Payments Act 2008;

and

(i) any other enactment relating to social security.

(2) For the purposes of sub-paragraph (1), civil legal services includes

independent advice, assistance and representation.””

BARONESS SCOTLAND OF ASTHAL

Baroness Scotland of Asthal to move, as an amendment to the motion in the name of

Lord McNally not to insist on Amendment 194, at end to insert—

“but do propose the following amendment in lieu—

“Page 121, line 31, at end insert—

 

Domestic violence

 

(1) For the purposes of this paragraph, evidence that abuse has occurred

 

may consist of one or more of the following (without limitation)—

 

(a) a relevant court conviction or police caution;

 

(b) a relevant court order (including without notice, ex parte, interim

 

or final orders), including a non-molestation undertaking or

 

order, occupation order, forced marriage protection order or

 

other protective injunction;

 

(c) evidence of a relevant criminal proceedings for an offence

 

concerning domestic violence or a police report confirming

 

attendance at an incident resulting from domestic violence;

 

(d) evidence that a victim has been referred to a multi-agency risk

 

assessment conference, as a high risk victim of domestic violence,

 

and a plan has been put in place to protect that victim from

 

violence by the other party;

 

(e) a finding of fact in the family courts of domestic violence by the

 

other party giving rise to the risk of harm to the victim;

 
 

 


 
 

3

 
 

(f) a letter from a General Medical Council registered general

 

practitioner or other medical professional confirming that he or

 

she has examined the applicant and is satisfied that the applicant

 

had injuries or a condition consistent with those of a victim of

 

domestic violence;

 

(g) an undertaking given to a court by the alleged perpetrator of the

 

abuse that he or she will not approach the applicant who is the

 

victim of the abuse;

 

(h) a letter from a social services department confirming its

 

involvement in providing services to the applicant in respect of

 

allegations of domestic violence;

 

(i) a letter of support or a report from a domestic violence support

 

organisation; or

 

(j) other well-founded evidence of abuse that is either—

 

(i) certified by a court; or

 

(ii) of a type prescribed in regulations.

 

(2) For the avoidance of doubt, no evidence shall be deemed inadmissible

 

on the basis of expiration where the general limitation period under the

 

civil standard has not elapsed.”””

 
 

 


 
 

   
 

Consideration of

 
 

commons reasons and Amendments

 
   

19th April 2012

 

 

PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS

LONDON: THE STATIONERY OFFICE

£1.50

HL Bill 140(b) (20248)                                                          55/1 

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