S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Thursday 22nd April 1999
New Amendments handed in are marked thus *
STANDING COMMITTEE E
ACCESS TO JUSTICE BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Geoffrey Hoon.
Mr Geoffrey Hoon
To move, That the Bill be considered in the following order, namely, Clauses 1 and 2; Schedule 1; Clauses 3 to 7; Schedule 2; Clauses 8 to 15; Schedule 3; Clauses 16 to 24; Schedule 4; Clauses 25 to 36; Schedule 5; Clauses 37 and 38; Schedule 6; Clauses 39 to 57; Schedule 7; Clause 58; Schedule 8; Clauses 59 and 60; Schedule 9; Clauses 61 to 69; Schedule 10; Clauses 70 to 83; Schedule 11; Clause 84; Schedule 12; Clauses 85 to 88; new Clauses; new Schedules.
Mr Dominic Grieve
Mr Edward Garnier
Mr John M. Taylor
17
*Clause 1, page 1, line 15, after 'of', insert 'racial grounds, gender, sexual orientation, or'.
Mr Dominic Grieve
Mr Edward Garnier
Mr John M. Taylor
18
*Clause 1, page 2, line 4, at end insert—
'(d) that persons obtaining access to legal services under this Part shall have the widest possible choice of provider or services'.
Mr Geoffrey Hoon
1
*Page 1, line 8, leave out Clause 1.
Mr Geoffrey Hoon
2
*Clause 4, page 3, line 11, leave out from 'grants' to end of line 12 and insert '(with or without conditions),'.
Mr Geoffrey Hoon
3
*Clause 5, page 3, line 41, leave out 'of a type and quality appropriate to' and insert 'that effectively'.
Mr Geoffrey Hoon
4
*Clause 5, page 4, line 9, leave out 'can' and insert 'is required to'.
Mr Geoffrey Hoon
5
*Clause 5, page 4, line 10, at end insert—
'( ) Every person who exercises any function relating to the Community Legal Service shall have regard to the desirability of exercising it, so far as is reasonably practicable, so as to—
(a) promote improvements in the range and quality of services provided as part of the Community Legal Service and in the ways in which they are made accessible to those who need them,
(b) secure that the services provided in relation to any matter are appropriate having regard to its nature and importance, and
(c) achieve the swift and fair resolution of disputes without unnecessary or unduly protracted proceedings in court.'.
Mr Geoffrey Hoon
6
*Clause 5, page 4, line 14, leave out from 'for' to 'quality' in line 16 and insert ', and the provision of, services of the descriptions specified in subsection (2) and about the'.
Mr Geoffrey Hoon
7
*Schedule 2, page 58, line 28, leave out from 'help' to end of line 5 on page 60 and insert '(beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—
(a) allegations of negligently caused injury, death or damage to property, apart from allegations relating to clinical negligence,
(e) matters of trust law,
(f) defamation or malicious falsehood,
(g) matters of company or partnership law, or
(h) other matters arising out of the carrying on of a business.
2. Advocacy in any proceedings except—
(a) the House of Lords in its judicial capacity,
(b) the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the Government of Wales Act 1998, the Scotland Act 1998 or the Northern Ireland Act 1998,
(f) the Employment Appeal Tribunal, or
(g) any Mental Health Review Tribunal,
(2) proceedings in the Crown Court—
(a) for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997,
(b) which relate to an order under section 4 or 10 of the Crime and Disorder Act 1998, or
(c) under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,
(3) proceedings in a magistrates' court—
(a) under section 43 or 47 of the National Assistance Act 1948, section 22 of the Maintenance Orders Act 1950, section 4 of the Maintenance Orders Act 1958 or section 106 of the Social Security Administration Act 1992,
(b) under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,
(c) in relation to an application for leave of the court to remove a child from a person's custody under section 27 or 28 of the Adoption Act 1976 or in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,
(d) for or in relation to an order under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978,
(e) under the Children Act 1989,
(f) under section 30 of the Human Fertilisation and Embryology Act 1990,
(g) under section 20 or 27 of the Child Support Act 1991,
(h) under Part IV of the Family Law Act 1996,
(i) for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, or
(j) under section 1, 2, 8 or 11 of the Crime and Disorder Act 1998, and
(4) proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).'.
Mr Geoffrey Hoon
8
*Clause 9, page 7, line 14, leave out 'requiring the furnishing of information or imposing other' and insert 'imposing'.
Mr Geoffrey Hoon
9
*Clause 11, page 8, line 37, leave out from 'both,' to end of line 38.
Mr Geoffrey Hoon
10
*Clause 11, page 8, line 43, leave out from 'payment' to 'or' in line 45 and insert 'in respect of the cost of services required by the regulations to be made by him later than the time when the services are provided,'.
Mr Geoffrey Hoon
11
*Clause 12, page 9, line 22, leave out from beginning to 'shall' in line 25 and insert 'Except in prescribed circumstances, costs ordered against an individual in relation to any proceedings or part of proceedings funded for him'.
Mr Geoffrey Hoon
12
*Clause 12, page 9, line 28, at end insert 'to which the proceedings relate'.
Mr Geoffrey Hoon
13
*Clause 12, page 9, line 29, leave out from beginning to 'his' in line 30 and insert 'and for this purpose proceedings, or a part of proceedings, are funded for an individual if services relating to the proceedings or part are funded for him by the Commission as part of the Community Legal Service.
(1A) In assessing for the purposes of subsection (1) the financial resources of an individual for whom services are funded by the Commission as part of the Community Legal Service,'.
Mr Geoffrey Hoon
14
*Clause 12, page 9, line 33, leave out 'that' and insert 'subsections (1) and (1A)'.
Mr Geoffrey Hoon
15
*Clause 22, page 16, line 6, at end insert 'and any authorised by the Commission to be taken.'.
Mr Geoffrey Hoon
16
*Clause 25, page 17, line 26, leave out '12(3)(b)' and insert ' 12(1) or (3)(b)'.
