Vote Bundle Text (990511-03)

Amendments proposed to the Access to Justice Bill [Lords] - continued	House of Commons

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Provision and funding of community legal services by local authorities

Mr John Burnett
Mr Lembit Öpik

NC17

To move the following Clause:—

'(1) The Community Legal Service shall be required to consult with every local authority in England and Wales or their representative bodies on the provision of services as specified in section 5(2), following which an assessment shall be made of which services should be provided by the Community Legal Service and which services should be provided by local authorities in each area.

(2) The Legal Services Commission may fund services of the description specified in section 5(2) which, following consultation between the Community Legal Service and local authorities, have been agreed to be provided by a local authority.

(3) The Lord Chancellor shall pay the Legal Services Commission the sums which he determines are appropriate for the provision of services as specified in section 5(2) by local authorities.'.

Housing Act 1996

Mr John Burnett
Mr Lembit Öpik

NC18

To move the following Clause:—

'[38B] In section 204 of the Housing Act 1996, there shall be inserted at the end—

"(5) The court may grant an injunction requiring the authority to provide accommodation for the applicant until the appeal (and any further appeal) is finally determined.".'.

Housing Act 1996 (No. 2)

Mr John Burnett
Mr Lembit Öpik

NC19

To move the following Clause:—

'In section 204 of the Housing Act 1996, there shall be inserted after subsection (2)—

"(2A) The court may grant leave to extend the time limit in subsection (2) if it shall appear just and reasonable to do so.".'.

Housing Act 1996 (No. 3)

Mr John Burnett
Mr Lembit Öpik

NC20

To move the following Clause:—

'(1) Section 127 of the Housing Act 1996 (proceedings for possession of introductory tenancy) shall be amended as follows.

(2) In subsection (2), after "order" there shall be inserted "if it is just and reasonable in all the circumstances to do so".

(3) After subsection (3) there shall be inserted—

"(4) the court may adjourn the proceedings for such period or periods as it thinks fit.

(5) On the making of an order for possession, the court may stay or suspend the execution of the order, or postpone the date of possession, for such period or periods as the court thinks fit.".'.

Action relating to listing

Mr John Burnett
Mr Lembit Öpik

NC21

To move the following Clause:—

'.—In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), insert after paragraph 6C—

"6D. For the purposes of paragraphs 6A, 6B and 6C, action is not to be treated as taken at the direction, or on the authority, of a person acting in a judicial capacity, or in his capacity as a member of a tribunal or as an adjudicator, merely because it relates to the listing of a case before the court or tribunal or an adjudicator.".'.

Fees

Dr Alan Whitehead
Mr Andrew Dismore

NC22

To move the following Clause:—

'.—(1) For section 11(1) of the Solicitors Act 1974 substitute—

"(1) Subject to subsection (2), there shall be paid to the Society in respect of each practising certificate to be issued by it, such fee on the Master of the Rolls, with the concurrance of the Lord Chancellor and the Lord Chief Justice may from time to time determine in accordance with sub-paragraph (3) below".

(2) For section 11(3) of the Solicitors Act 1974 substitute—

"(3) The Society shall charge such sum or sums as shall be approved pursuant to sub-paragraph (1) above solely for the purpose of discharging its duties to its members in respect of regulation under this Act, and for legal training its members or providing legal education to its members or to prospective members, and shall apply any sums so raised solely for the said purposes.".'.

Recovery of costs

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC23

To move the following Clause:—

'A party to a proceeding shall not be prevented from recovering from another party an amount in respect of costs by any rule of law which limits the costs recoverable by a party to proceedings to the amount which he is likely to pay his legal representative.'.

Litigation services

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC24

To move the following Clause:—

'.—Section 119 of the Courts and Legal Services Act 1990 (Interpretation) is amended as follows:

(2) In the definition of "litigation services" after the word "provide" insert—("and in the case of a claim for damage of personal injury shall include the intimation of that claim to the party considered to be liable for the injury and advice and assistance to the injured person preparatory to and consequent on the intimation of such claim to the injured party.".'.

Litigation services (No. 2)

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC25

To move the following Clause:—

'In regulation 6(1) of the Insurance Companies (Legal Expense Insurance) Regulations 1990 leave out "Defend, represent or serve the interests of the insured in any inquiry or proceedings" and insert "provide litigation services as defined in section 119 of the Courts and Legal Services Act 1990 as amended".'.

Accident and Disaster Investigation Bureau

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC26

To move the following Clause:—

'.—The Lord Chancellor may by order establish, maintain and develop a bureau to be known as the Accident and Disaster Investigation Bureau for the purposes of carrying out urgent inquiries into disasters and accidents causing injury and loss of life to members of the public and monitoring the implementation of measures to improve public safety. The order will define the functions of the bureau which will include the power—

(a) to hold a public inquiry into any disaster or fatal accident to be chaired by a High Court judge or senior lawyer to be chosen from a specialist list to be maintained by the Bureau;

(b) to grant legal aid for the representation of any person or body appearing before an inquiry held by the Bureau;

(d) to grant immunity from prosecution for any witness to an inquiry held by the Bureau;

(e) to deal with the formal requirements of an inquest so as to dispense with the need for holding any separate inquest into any death following a public inquiry into a disaster or fatal accident;

(f) to award damages including punitive or exemplary damages against any person or body;

(g) to make findings of fact which will be binding on any subsequent hearing as to damages in any civil suit arising from a disaster or fatal accident; and

(h) to maintain a secretariat to monitor the implementation of any requirements imposed by the bureau for the improvement of public safety following an inquiry into a disaster or fatal accident.'.

Solicitors Act 1974

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC27

To move the following Clause:—

'In section 22(1) of the Solicitors Act 1974 after "proceeding", in sub-paragraph (b) insert—

"(c) sends a letter before claim in a contemplated personal injury action to another person.".'.

Solicitors Act 1974 (No. 2)

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC28

To move the following Clause:—

'In section 22(1) of the Solicitors Act 1974 after "proceeding", in sub-paragraph (b) insert—

"( ) prepared or submits an application to an employment tribunal".'.

NEW SCHEDULES

Mr Geoffrey Hoon

NS2

*To move the following Schedule:—

'SCHEDULE

Powers of Law Society

Monitoring of compliance with rules

1. In section 31(1) of the Solicitors Act 1974 (power of Council of the Law Society to make rules about professional practice, conduct and discipline), insert at the end "and for empowering the Society to take such action as may be necessary to enable the Society to ascertain whether or not the rules are being complied with."

Bank and building society accounts

2. After section 33 of that Act insert—

"Inspection of practice bank accounts etc. 33A.—(1) The Council may make rules, with the concurrence of the Master of the Rolls, empowering the Council to require a solicitor to produce documents relating to any account kept by him at a bank or with a building society—

(a) in connection with his practice; or

(b) in connection with any trust of which he is or formerly was a trustee,
    for inspection by a person appointed by the Council pursuant to the rules.
    (2) The Council shall be at liberty to disclose information obtained in exercise of the powers conferred by rules made under subsection (1) above to the Director of Public Prosecutions for use in investigating the possible commission of an offence by the solicitor and, if the Director thinks fit, for use in connection with any prosecution of the solicitor consequent on the investigation."

    3. In section 87(1) of that Act (interpretation), in the definition of "building society", omit "; and a reference to an account with a building society is a reference to a deposit account".

4. In Schedule 2 to the Administration of Justice Act 1985 (incorporated practices), after paragraph 4 insert—

"Inspection of bank accounts

Solicitors' employees and consultants

5.—(1) Section 43 of the Solicitors Act 1974 (control of employment of clerks) is amended as follows.

(2) In subsection (1) (power of Law Society to apply to Solicitors Disciplinary Tribunal for order in the case of clerk guilty of an offence of dishonesty or other act which makes it undesirable for him to be employed by solicitor)—

(a) for "a clerk to a solicitor" substitute "employed or remunerated by a solicitor in connection with his practice",

(b) after "employed" (in both places) insert "or remunerated",

(d) for the words from "an application" to the end substitute "the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to him."

(3) After that subsection insert—

(a) is calculated by the Council as the cost to the Society of investigating the matter; or

(b) in the opinion of the Council represents a reasonable contribution towards that cost."

(4) In subsection (2) (order of Tribunal barring solicitor from employing the clerk)—

(a) for the words from the beginning to "an order" substitute "An order under this subsection made by the Society or the Tribunal shall state", and

(b) for "application is" substitute "order is".

(5) For subsection (3) (revocation by Tribunal) substitute—

(3A) On the review of an order under subsection (3) the Tribunal may order—

(a) the quashing of the order;

(b) the variation of the order; or

and where in the opinion of the Tribunal no prima facie case for quashing or varying the order is shown, the Tribunal may order its confirmation without hearing the applicant."

(6) In subsection (5) (inspection of orders), for "this section and filed with the Society" substitute "subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society,".

(7) In the sidenote, for "employment of certain clerks" substitute "solicitors' employees and consultants".

6.—(1) Section 49 of that Act (appeals from Tribunal) is amended as follows.

(2) In subsection (3) (who can appeal)—

(a) for "43(2)" substitute "43(3A)", and

(b) for "application" substitute "order".

(3) In subsection (6) (finality of appeal), for "43(2)" substitute "43(3A)".

7. In paragraph 11(1) of Schedule 2 to the Administration of Justice Act 1985 (control of employment of employees of recognised bodies)—

(a) after "employed" (in each place) insert "or remunerated", and

(b) for the words from "an application" to the end substitute "the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) of section 43 of the 1974 Act with respect to him."

Power to examine files

8.—(1) Section 44B of the Solicitors Act 1974 (power of Law Society to examine files of solicitor or his firm in connection with complaints) is amended as follows.

(2) In subsection (1), for the words from "investigating" to the end of paragraph (b) substitute "investigating—

(a) whether there has been professional misconduct by a solicitor;

(b) whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council;

(c) whether any professional services provided by a solicitor were not of the quality which it is reasonable to expect of him as a solicitor; or

(d) whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a solicitor in connection with his practice,";

and for the words from "all documents" to the end substitute "all relevant documents in the possession of the solicitor or his firm."

(3) For the sidenote substitute "Examination of files."

9. In paragraph 14(1) of Schedule 2 to the Administration of Justice Act 1985 (power of Law Society to examine files of recognised body in connection with complaints), for paragraphs (a) and (b) substitute—

"(a) whether a recognised body has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council and applicable to it by virtue of section 9 of this Act;

(b) whether any professional services provided by a recognised body were not of the quality which it is reasonable to expect of it as a recognised body; or

(c) whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a recognised body in connection with its business,";

and for the words from "all documents" to the end substitute "all relevant documents in the body's possession."

Payment of costs by solicitor under investigation

10. In the Solicitors Act 1974, after section 44B insert—

"Costs of investigations

Payment of costs of investigations.

44C. Where the Society investigates possible professional misconduct by a solicitor, or a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council, the Council may direct him to pay to the Council an amount which—

(a) is calculated by the Council as the cost to the Society of investigating and dealing with the matter; or

(b) in the opinion of the Council represents a reasonable contribution towards that cost."

11. In Schedule 2 to the Administration of Justice Act 1985, after paragraph 14 insert—

"Payment of costs of investigations

(a) is calculated by the Council as the cost to the Society of the investigation; or

(b) in the opinion of the Council represents a reasonable contribution towards that cost."

Registered foreign lawyers

12. Subsections (5) to (7) of section 89 of the Courts and Legal Services Act 1990 (power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.'.