House of Commons Hansard Debates for 17 Oct 1990

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"registered foreign lawyer" means a foreign lawyer who is registered under section 60A ;".'

No. 115, in page 93, line 35, at end insert--

and

(c) in the definition of "unqualified person", after the word "person" there shall be inserted ", other than a multi-disciplinary practice,".'

No. 84, in page 94, leave out lines 17 to 21 and insert

"14A. In carrying out their duty under paragraph 14, the Tribunal may refrain from publishing any names, places or other facts the publication of which would, in their opinion, damage, or be likely to damage, the interests of persons other than--

(a) the solicitor against whom the complaint was made ; or (b) his partners ; or

but where they so refrain they shall publish their reasons for so doing.".'

No. 131, in page 95, line 17, at end insert--

Companies Act 1985 (c. 6)

31A.--(1) The Companies Act 1985 shall be amended as follows. (2) In section 38(1) (appointment of attorney to execute deeds abroad), the words "under the law of England and Wales" shall cease to have effect.

(3) In section 39(3) (official seal for use abroad), the words "or, in the case of a company registered in Scotland, subscribed in accordance with section 36B," shall cease to have effect. (4) In section 186 (share certificate to be evidence of title), the words "(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)" shall cease to have effect.

(5) In section 188(2) (issue and effect of share warrant to bearer), the words "(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)" shall cease to have effect.

(6) Subsection (2) of section 462 (power of company to create floating charges under Scots law) shall cease to have effect.' No. 132, in page 95, line 26, at end insert--

Insolvency Act 1986 (c. 45)

32A. Section 53(3) of the Insolvency Act 1986 (execution of instrument appointing receiver) shall cease to have effect.'-- [Lord James Douglas- Hamilton.]

Lord James Douglas-Hamilton : I beg to move amendment No. 116, in page 95, line 28, at beginning insert--

In subsection (3) of section 4 (Scottish Legal Aid Fund) of the Legal Aid (Scotland) Act 1986--

(a) paragraph (a) shall cease to have effect ; and

(b) in paragraph (c), after the word "property" there shall be inserted "(including money)".

(1A) .'

Mr. Deputy Speaker : With this it will be convenient to take Government amendments Nos. 117, 118, 119, 121, 122 and 123.

Lord James Douglas-Hamilton : The first amendments are technical, but amendment No. 119 is a bit more substantial. My right hon. and learned Friend the Secretary of State will be able, by regulation, to insist that an assisted person be represented in the supreme courts by

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a solicitor with rights of audience there rather than by an advocate. That choice will be for the client alone and that will be followed.

Amendment agreed to.

Amendments made : No. 117, in page 95, line 28, leave out the Legal Aid (Scotland) Act 1986' and insert that Act'.

No. 118, in page 96, line 9, at end insert--

(4A) After subsection (2) of section 17 (contributions and payments out of property received) of that Act, there shall be inserted the following subsections--

"(2A) Except in so far as regulations made under this section otherwise provide, any sum of money recovered under an award of or an agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of civil legal aid shall be paid to the Board.

(2B) Except in so far as regulations made under this section otherwise provide, where, in any proceedings, there is a net liability of the Fund on the account of any party, the amount of that liability shall be paid to the Board by that party, in priority to any other debts, out of any property (wherever situate) which is recovered or preserved for him

(a) in the proceedings ; or

(b) under any settlement to avoid them or to bring them to an end.".

(4B) Subsections (3) to (5) of that section shall cease to have effect.

(4C) In subsection (6) of that section, for the words "subsection (5)" there shall be substituted the words "subsections (2A) or (2B)".

(4D) In subsection (8) of that section, for the words from "subsection" to the end there shall be substituted the words "subsection (1) above and in section 33 of this Act to "fees and outlays" include references to sums which would have been payable to that solicitor if he had been so employed.".'

No. 119, in page 96, line 20, leave out from words' where it first appears to the end of line 21 and insert--

", his counsel" there shall be substituted the words "or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, his counsel or such a solicitor".

(8A) In subsection (9)(b) of the said section 31, at the beginning there shall be inserted "Subject to subsection (11) below,". (8B) At the end of the said section 31 there shall be inserted the following subsection--

"(11) Nothing in subsection (9)(b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.".'. No. 120, in page 96, line 26, at end insert--

The Criminal Justice (Scotland) Act 1987 (c. 41) 33A. In section 6(1) of the Criminal Justice (Scotland) Act 1987 (definition of implicative gifts), for the words "mentioned in section 5(2) of this Act" there shall be substituted "on which, in respect of a person suspected of, or charged with, an offence to which section 1 of this Act relates, the warrant to arrest and commit was granted, or a restraint order was made (whichever first occurs).".'-- [Lord James Douglas-Hamilton.]

Schedule 8

Repeals

Amendments made : No. 85, in page 97, leave out lines 24 to 26. No. 86, in page 98, line 10, column 3, at end insert--

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Section 31(3).'

No. 87, in page 98, leave out lines 11 and 12.

No. 88, in page 98, leave out line 14.

No. 133, in page 98, line 46, at end insert--

1985 c. 6. The Companies Act 1985. In section 38 (1), the words "under the law of England and Wales".

In section 39(3), the words "or, in the case of a company registered in Scotland, subscribed in accordance with section 36B". In section 186, the words "(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)".

In section 188(2), the words "(or, in the case of a company registered in Scotland, subscribed in accordance with section 36B)".

Section 462(2).'

No. 134, in page 98, line 53, at end insert--

1986 c. 45. The Insolvency Act 1986. Section 53(3).' No. 121, in page 99, line 2, column 3, at beginning insert

In section 4(3), paragraph (a) and, in paragraph (b), the words "a court".'

No. 122, in page 99, line 4, leave out (12)' and insert (3) to (5)'.

No. 123, page 99, line 10, at end insert--

1988 c. 34 The Legal Aid Act 1988.

In paragraph 3 of Schedule 4, sub-paragraphs (b) and (c). No. 135, in page 99, line 12, at end insert--

1989 c. 40 The Companies Act 1989. Section 130(3). In Schedule 17, paragraphs 1(2), 2(4), 8 and 10.'

-- [Lord James Douglas-Hamilton.]

New schedule

Supervised Attendance Orders : Further Provisions

1.--(1) A court shall not make a supervised attendance order in respect of any offender unless--

(a) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in which the offender resides, or will be residing when the order comes into force, to carry out the requirements of such an order ;

(b) the court is satisfied that provision can be made under the arrangements mentioned in paragraph (a) above for the offender to carry out such requirements.

(2) Before making a supervised attendance order, the court shall explain to the offender in ordinary language--

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(a) the purpose and effect of the order and in particular the obligations on the offender as specified in paragraph 3 below ; (b) the consequences which may follow under paragraph 4 below if he fails to comply with any of those requirements ; and

(c) that the court has, under paragraph 5 below, the power to review the order on the application either of the offender or of an officer of the local authority in whose area the offender for the time being resides.

(3) The Secretary of State may by order direct that subsection (2) of section ( --Supervised attendance orders as alternative to imprisonment on fine default --) of this Act shall be amended by substituting, for any number of hours specified in that subsection such other number of hours as may be specified in the order ; and an order under this subsection, may in making such amendment specify a different such numbers of hours for different classes of case. (4) An order under paragraph (3) above shall be made by statutory instrument, but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

2.--(1) A supervised attendance order shall--

(a) specify the locality in which the offender resides or will be residing when the order comes into force ; and

(b) require the local authority in whose area the locality specified under paragraph (a) above is situated to appoint or assign a supervising officer.

(2) Where, whether on the same occasion or on separate occasions, an offender is made subject to more than one supervised attendance order, the court may direct that the requirements specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that at no time shall the offender have an outstanding number of hours during which he must carry out the requirements of these orders in excess of the largest number specified in section ( --Supervised attendance orders as alternative to imprisonment on fine default --) of this Act. (3) Upon making a supervised attendance order the court shall-- (a) give a copy of the order to the offender ;

(b) send a copy of the order to the director of social work of the local authority in whose area the offender resides or will be residing when the order comes into force ; and

(c) where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court. 3.--(1) An offender in respect of whom a supervised attendance order is in force shall report to the supervising officer and notify him without delay of any change of address or in the times, if any, at which he usually works.

(2) Subject to paragraph 5(1) below, instructions given under a supervised attendance order shall be carried out during the period of twelve months beginning with the date of the order ; but, unless revoked, the order shall remain in force until the offender has carried out the instructions given under it for the number of hours specified in it.

(3) The instructions given by the supervising officer under the order shall, so far as practicable, be such as to avoid any conflict with the offender's religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.

4.--(1) If at any time while a supervised attendance order is in force in respect of any offender it appears to the appropriate court, on evidence on oath from the supervising officer, that that offender has failed to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may issue a warrant for the arrest of that offender, or may, if it thinks fit, instead of issuing a warrant in the first

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instance issue a citation requiring the offender to appear before that court at such time as may be specified in the citation. (2) If it is proved to the satisfaction of the court before which an offender is brought or appears in pursuance of sub-paragraph (1) above that he has failed without reasonable excuse to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may--

(a) revoke the order and impose such period of imprisonment as could, in respect of the original default or failure, have been imposed by the court which made the order if the order had not been made ; or

(b) subject to section ( --Supervised attendance orders as alternative to imprisonment on default --) of this Act and paragraph 2(2) above, vary the number of hours specified in the order. (3) The evidence of one witness shall, for the purposes of sub-paragraph (2) above, be sufficient evidence.

5.--(1) Where a supervised attendance order is in force in respect of any offender and, on the application of that offender or of the supervising officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, that court may--

(a) extend, in relation to the order, the period of twelve months specified in paragraph 3 above ;

(d) revoke the order and impose such period of imprisonment as could, in respect of the original default or failure, have been imposed by the court which made the order if the order had not been made.

(2) If the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the locality for the time being specified under paragraph 2(1)(a) above to another locality and--

(a) that court has been notified by the Secretary of State that arrangements exist for persons who reside in that other locality to carry out instructions under supervised attendance orders ; and (b) it appears to that court that provision can be made under those arrangements for him to carry out instructions under the order ; that court may, and on application of the supervising officer shall, amend the order by substituting that other locality for the locality for the time being specified in the order ; and the provisions of section ( --Supervised attendance orders as alternative to imprisonment on fine default --) of this Act and of this Schedule shall apply to the order as amended.

(3) Where the court proposes to exercise its powers under sub-paragraph (1)(a), (b) or (d) above otherwise than on the application of the offender, it shall issue a citation requiring him to appear before the court and, if he fails to appear, may issue a warrant for his arrest.

6.--(1) The Secretary of State may make rules for regulating the carrying out of the requirements of supervised attendance orders. (2) Without prejudice to the generality of subsection (1) above, rules under this section may--

(a) limit the number of hours during which the requirements of an order are to be met on any one day ;

(b) make provision as to the reckoning of time for the purposes of the carrying out of these requirements ;

(c) make provision for the payment of travelling and other expenses in connection with the carrying out of these requirements ; (d) provide for records to be kept of what has been done by any person carrying out these requirements.

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(3) Rules under this paragraph shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

7. The Secretary of State shall lay before Parliament each year, or incorporate in annual reports he already makes, a report of the operation of section ( --Supervised attendance orders as alternative to imprisonment on fine default --) of this Act and this Schedule. 8. In section 27 of the Social Work (Scotland) Act 1968 (supervision of persons put on probation, released from prison or subject to community service orders)--

(a) in subsection (1)(b) there shall be inserted at the end the following " ; and

(iv) without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under section ( -- Supervised attendance orders as alternative to imprisonment on fine default --) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990." ;

(b) for the words "probation and community service scheme", wherever they occur, there shall be substituted the words "probation, community service and supervised attendance scheme".

9.--(1) In this Schedule--

"the appropriate court", in relation to a supervised attendance order, means the court having jurisdiction in the locality for the time being specified in the order under paragraph 2(1)(a) above, being a sheriff or district court according to whether the order has been made by a sheriff or a district court, but in a case where the order has been made by a district court and there is no district court in that locality, the sheriff court ;

"local authority" and "supervising officer" have the same meanings respectively as in section ( --Supervised attendance orders as alternative to imprisonment on fine default --) of this Act. (2) Except where the context otherwise requires, expressions used in this Schedule and in the Criminal Procedure (Scotland) Act 1975 have the same meanings in this Schedule as in that Act.'.-- [Lord James Douglas-Hamilton.]

--[Brought up, read the First and Second time, and added to the Bill.

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