| Amendments proposed to the Access to Justice Bill [Lords] - continued | House of Commons |
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Mr Geoffrey Hoon 94 *Clause 22, page 16, line 18, leave out subsection (5).
Mr Geoffrey Hoon 95 *Schedule 4, page 62, leave out lines 2 to 9 and insert—'. The Children and Young Persons Act 1969 has effect subject to the following amendments. . In section 12AA(9) (restrictions on power to require young offender who is not legally represented to live in local authority accommodation)—
. In section 23 (remands and committals to local authority accommodation), in subsection (5A) (restrictions on imposing a security requirement on person who is not legally represented)—
. In that section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), in subsection (4A) (restrictions on remand of boy who is not legally represented)—
Mr Geoffrey Hoon 96 *Schedule 4, page 62, leave out lines 16 to 28 and insert—'5. In section 21(1) of the Powers of Criminal Courts Act 1973 (restrictions on imposing sentence on person who is not legally represented)—
Mr Geoffrey Hoon 97 *Schedule 4, page 62, leave out lines 32 to 38 and insert—'(2) In subsection (2)(d) (exclusion of solicitor from legal aid work), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service". (3) In subsection (2A) (exclusion of solicitor from providing legal aid work because of conduct in connection with services under the Legal Aid Act 1988)—
(4) In subsection (2B) (exclusion of member of solicitor's firm from legal aid work), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service". (5) In subsection (2D) (person excluded from legal aid work may apply for termination of exclusion), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".'.
Mr Geoffrey Hoon 98 *Schedule 4, page 63, leave out lines 32 and 33 and insert 'the words from "section 23" to "to" substitute "section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of".'.
Mr Geoffrey Hoon 99 *Schedule 4, page 63, line 41, for '(a) of the Note' substitute '1(a) of the Note at the end'.
Mr Geoffrey Hoon 100 *Schedule 4, page 63, line 44, leave out 'or Criminal Defence Service'.
Mr Geoffrey Hoon 101 *Schedule 4, page 64, line 5, leave out 'requiring the payment of a contribution'.
Mr Geoffrey Hoon 102 *Schedule 4, page 64, leave out lines 7 to 19 and insert—'18. In section 3(1) of the Criminal Justice Act 1982 (restriction on imposing sentence on person under 21 who is not legally represented)—
Mr Geoffrey Hoon 103 *Schedule 4, page 64, line 43, leave out from beginning to end of line 5 on page 65 and insert—
Mr Geoffrey Hoon 104 *Schedule 4, page 65, line 11, leave out 'or Criminal Defence Service'.
Mr Geoffrey Hoon 105 *Schedule 4, page 65, line 21, leave out 'in connection with services provided by him by the Legal Services Commission' and insert 'by the Legal Services Commission in connection with services provided by him'.
Mr Geoffrey Hoon 106 *Schedule 4, page 65, leave out lines 24 to 27 and insert—'28.—(1) In section 42 (exclusion of barristers from legal aid work), in subsections (1) and (3), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".'.
Mr Geoffrey Hoon 107 *Schedule 4, page 65, line 30, leave out 'in connection with services provided by the solicitor by the Legal Services Commission' and insert 'by the Legal Services Commission in connection with services provided by the solicitor'.
Mr Geoffrey Hoon 108 *Schedule 4, page 66, line 26, at end insert 'or Criminal Defence Service'.
Mr Geoffrey Hoon 109 *Schedule 4, page 66, line 34, leave out from beginning to '(functions' in line 36 and insert 'In section 53(3) of the Criminal Justice Act 1991'.
Mr Geoffrey Hoon 110 *Schedule 4, page 66, leave out lines 40 to 45.
Mr Geoffrey Hoon 111 *Schedule 4, page 67, line 41, after 'purposes of' insert ', in the second place,'.
Mr Geoffrey Hoon 16 Clause 25, page 17, line 26, leave out '12(3)(b)' and insert ' 12(1) or (3)(b)'.
Mr Geoffrey Hoon 37 Clause 25, page 17, line 27, after ' 15(8)(a)', insert 'or (10)'.
Mr Geoffrey Hoon 112 *Clause 29, page 19, line 41, leave out '58(4)' and insert '58 and this section (and in the definitions of "advocacy services" and "litigation services" as they apply for their purposes)'.
Mr Geoffrey Hoon 113 *Clause 29, page 19, line 43, at end insert ', whether commenced or contemplated.'.
Mr Andrew Dismore 75 Clause 29, page 20, line 5, leave out 'party' and insert 'claimant'
Mr Andrew Dismore 76 Clause 29, page 20, line 6, leave out 'may, subject to rules of court', and insert 'shall (subject to assessment of costs)'.
Mr Geoffrey Hoon 114 *Clause 29, page 20, line 6, after 'subject' insert 'in the case of court proceedings'.
Mr Geoffrey Hoon *To move, That Clause 29 be transferred to follow Clause 26.
Mr Andrew Dismore 77 Clause 30, page 20, line 17, leave out 'party' and insert 'claimant'.
Mr Andrew Dismore 78 Clause 30, page 20, line 19, leave out 'may, subject to rules of court,' and insert 'shall (subject to assessment of costs)'.
Mr Geoffrey Hoon *To move, That Clause 30 be transferred to follow Clause 26.
Mr Geoffrey Hoon 38 Schedule 11, page 107, line 43, at end insert—'( ) To the extent that that duty has effect as a duty of the Lord Chancellor he shall comply with it by making payments to persons or bodies in respect of the provision of representation by them; and, accordingly, references in this Act and any other enactment to representation (or services) funded by the Commission as part of the Criminal Defence Service include representation funded by the Lord Chancellor under this sub-paragraph. ( ) The Lord Chancellor shall by order made by statutory instrument make provision about such payments (including provision for reviews of, or appeals against, determinations required for the purposes of the order); and subsections (2) and (3) of section 25 of this Act shall apply to it (as if it were a remuneration order as defined by subsection (4) of that section).'.
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| ©Parliamentary copyright 1998 | Prepared 29 Apr 1999 |