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Access to Justice Bill [H.L.]

This is the text of the Access to Justice Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 17th March 1999.

 
  
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Lord Chancellor's Department, are published separately as HC Bill 67- EN.

 
 
  
EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Geoffrey Hoon has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Access to Justice Bill are compatible with the Convention rights.

 
 
  
Access to Justice Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
THE LEGAL SERVICES COMMISSION
Principles
Clause 
1.Principles applicable to Part I.

The Commission
2.The Legal Services Commission.
3.Power to replace Commission with two bodies.
4.Powers of Commission.

The Community Legal Service
5.The Community Legal Service.
6.Funding of services.
7.Services which may be funded.
8.Individuals for whom services may be funded.
9.Code about provision of funded services.
10.Procedure relating to funding code.
11.Terms of provision of funded services.
12.Costs in funded cases.

The Criminal Defence Service
13.The Criminal Defence Service.
14.Advice and assistance.
15.Representation.
16.Code of conduct.
17.Terms of provision of funded services.
18.Funding.

Supplementary
19.Foreign law.
20.Restriction of disclosure of information.
21.Misrepresentation etc.
22.Position of service providers and other parties.
23.Guidance.
24.Consequential amendments.
25.Orders, regulations and directions.
26.Interpretation.

PART II
LEGAL AID IN SCOTLAND
27.Regulations about financial limits in certain proceedings.
28.Recipients of disability working allowance.

PART III
LEGAL SERVICES
Funding
29.Conditional fee agreements.
30.Recovery of insurance premiums by way of costs.

The Legal Services Consultative Panel
31.Replacement of ACLEC by Consultative Panel.

Rights of audience and rights to conduct litigation
32.Barristers and solicitors.
33.Employees of Legal Services Commission.
34.Rights of audience: change of authorised body.
35.Rights to conduct litigation: barristers and legal executives.
36.Authorised bodies: designation and regulations and rules.
37.Overriding duties of advocates and litigators.
38.Minor and consequential amendments.

Public notaries
39.Public notaries: abolition of scriveners' monopoly.

PART IV
APPEALS, COURT PROCEEDINGS AND JUDGES
Right of appeal
40.Permission to appeal.
41.Second appeals.

Destination of appeals
42.Power to prescribe alternative destination.
43.Assignment of appeals to Court of Appeal.
44.Appeals against orders to serve remainder of sentence.

Civil division of Court of Appeal
45.Composition.
46.Calling into question of incidental decisions.
47.Registrar of civil appeals.

Jurisdiction of single judge of High Court
48.Criminal causes and matters.
49.Contempt of court.
50.Habeas corpus.

Miscellaneous
51.Cases stated by Crown Court for opinion of High Court.
52.Vice-president of the Queen's Bench Division.
53.Reporting of proceedings relating to children.
54.Power to allow children to attend criminal proceedings.

PART V
MAGISTRATES AND MAGISTRATES' COURTS
Territorial organisation
55.Commission areas.
56.Petty sessions areas.
57.Consequential provision.

Justices
58.Unification and renaming of stipendiary bench.
59.Justices not to sit on committal for sentence.
60.Enforcement of community orders made by Crown Court.
61.Jurisdiction over offences outside area.

Magistrates' courts committees
62.Areas outside Greater London.
63.Constitution of committees outside Greater London.
64.Greater London Magistrates' Courts Authority.
65.Standard goods and services.

Justices' chief executives, justices' clerks and staff
66.Qualification for appointment as chief executive.
67.Role of chief executives.
68.Independence of clerks and staff exercising legal functions.
69.Transfer of clerks' functions to chief executives.
70.Accounting etc. functions of chief executives.

Execution of warrants
71.Civilian enforcement officers.
72.Approved enforcement agencies.
73.Warrants of detention.
74.Execution by person not in possession of warrant.
75.Cessation of warrants.

PART VI
IMMUNITY AND INDEMNITY
Justices and their clerks
76.Justices and clerks: immunity from costs.
77.Justices and clerks: indemnity.
78.Assistant justices' clerks: immunity from action.

General Commissioners of income tax and their clerks
79.General Commissioners: immunity from action.
80.General Commissioners: immunity from costs and expenses.
81.General Commissioners and clerks: indemnity.

Coroners
82.Indemnity.

PART VII
SUPPLEMENTARY
83.Transitional provisions and savings.
84.Repeals and revocations.
85.Crown application.
86.Commencement.
87.Extent.
88.Short title.
 

SCHEDULES:
    Schedule 1-The Legal Services Commission.
    Schedule 2-Community Legal Service: excluded services.
    Schedule 3-Criminal Defence Service: right to representation.
    Schedule 4-Amendments consequential on Part I.
    Schedule 5-Authorised bodies: designation and regulations and rules.
    Schedule 6-Rights of audience and rights to conduct litigation: amendments.
    Schedule 7-Commission areas and petty sessions areas: amendments.
    Schedule 8-Unification and renaming of stipendiary bench: amendments.
    Schedule 9-Enforcement of community orders made by Crown Court.
    Schedule 10-Functions transferred to justices' chief executives.
    Schedule 11-Transitional provisions and savings.
    Part I-General.
    Part II-Legal Services Commission.
    Part III-Legal services.
    Part IV-Reporting of proceedings about children.
    Part V-Magistrates and magistrates' courts.
    Schedule 12-Repeals and revocations.
    Part I-Legal Services Commission.
    Part II-Legal services.
    Part III-Appeals and Court Proceedings.
    Part IV-Magistrates and magistrates' courts.
    Part V-Immunity and indemnity.
 

 
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Prepared 18 March 1999