Vote Bundle Text (990513-04)

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

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Mr Geoffrey Hoon

NS3

To move the following Schedule:—

'SCHEDULE

The Greater London Magistrates' Courts Authority

Part I

Financial provision

Financial administration

1. The Local Government Finance Act 1988 has effect subject to the following amendments.

2.—(1) Section 111 (interpretation of provisions about financial administration) is amended as follows.

(2) In subsection (2) (bodies to which provisions about financial administration apply), after paragraph (c) insert—

"(ca) the Greater London Magistrates' Courts Authority,".

(3) In subsection (3) (meaning of references to Acts), after "Local Government Act 1985" insert ", the 1997 Act is the Justices of the Peace Act 1997".

3. In section 113(1) (qualifications of person with responsibility for financial administration), after "1985 Act" insert ", section 59D(3)(b) of the 1997 Act,".

4.—(1) Section 114 (report by chief financial officer) is amended as follows.

(2) In subsection (1) (persons to whom section 114 applies), after "1985 Act" insert ", section 59D(3)(b) of the 1997 Act,".

(3) After subsection (3D) insert—

5. In section 115 (Authority's duty to consider report), before subsection (5) insert—

Borrowing powers

6. In section 39(1) of the Local Government and Housing Act 1989 (authorities to which provisions about revenue accounts and capital apply), after paragraph (e) insert—

"(ee) the Greater London Magistrates' Courts Authority;".

Companies in which Authority has interests

7. In section 67(3) of the Local Government and Housing Act 1989 (authorities to which Part V of that Act applies), after paragraph (g) insert—

"(ga) the Greater London Magistrates' Courts Authority;".

Part II

Other supplementary provision

The Road Traffic Offenders Act 1988 (c.53)

8.—(1) Section 82 of the Road Traffic Offenders Act 1988 (accounting for fixed penalties) is amended as follows.

(2) In subsection (2)(b) (payments between magistrates' courts committees to be taken into for purposes of section 57 of the Justices of the Peace Act 1997), at the end insert "(and in determining for the purposes of section 59B of that Act the net current expenditure of the Greater London Magistrates' Courts Authority)".

(3) In subsection (2A) (definition of "paying authority" and "responsible authority"), at the end insert "; except that, in relation to the Greater London Magistrates' Courts Authority, the Authority is the paying authority and responsible authority."

The Criminal Justice Act 1991 (c.53)

9.—(1) Section 76 of the Criminal Justice Act 1991 (as amended by Schedule 7 of this Act) (provision of court security officers) is amended as follows.

(2) In subsection (1) (determination as to provision of officers), after "area" insert "outside Greater London".

(3) After subsection (4) insert—

(a) whether court security officers should be provided; and

(b) if so, how many such officers should be provided.

(4B) As soon as practicable after making a determination under subsection (4A)(b) above, the Greater London Magistrates' Courts Authority shall provide the required number of court security officers, on such terms and conditions as they may determine—

(a) by employing persons to act as court security officers; or

(b) by entering into a contract with another person for the employment by him of persons to act as such officers."

The Justices of the Peace Act 1997 (c.25)

10. The Justices of the Peace Act 1997 has effect subject to the following amendments.

11. In section 10(7) of the Justices of the Peace Act 1997 as amended by Schedule 7 to this Act (authority responsible for paying allowances to justices), after "justice" insert "for a commission area consisting wholly or partly of Greater London, the Greater London Magistrates' Courts Authority, and in relation to any other justice".

12. In section 40(8) of the Justices of the Peace Act 1997 (regulations about appointment of justices' chief executive), after "by statutory instrument" insert "which may make different provision in relation to the Greater London Magistrates' Courts Authority and other magistrates' courts committees".

13. In section 44 (terms of employment), after subsection (1) insert—

14.—(1) Section 54 of the Justices of the Peace Act 1997 (indemnification of justices' and their clerks) is amended as follows.

(2) In subsection (2) (indemnification out of local funds), for "out of local funds" (in both places) substitute "by the appropriate authority".

(3) After that subsection insert—

(a) the Greater London Magistrates' Courts Authority, where at the material time the justice or justices' clerk was acting for an area consisting of or falling within Greater London; or

(b) the paying authority or authorities, where at the material time the justice or justices' clerk was acting for an area outside Greater London."

(4) In subsection (7) (apportionment between paying authorities), for the words from "there are" to "clerk," substitute ", in relation to any justice or justices' clerk acting for an area outside Greater London, there are two or more paying authorities,".

(5) In subsection (9) (interpretation), in the definition of "paying authority", for the words from ", in relation" to the end substitute—

"(a) in relation to any justice or justices' clerk who at the material time acted for an area outside Greater London, means any authority which is a paying authority for the purposes of section 55 below in relation to the magistrates' courts committee for that area; and

(b) in relation to a justice or justices' clerk who at the material time acted for an area consisting of or falling within Greater London, means the council of any London borough or the Common Council of the City of London."

15. Before section 55 insert the heading—

"Magistrates' courts committees outside Greater London"

16.—(1) Section 55 (duties of local authorities) is amended as follows.

(2) In subsection (1) (duties of local authorities), after "committee", in the first place, insert "for an area outside Greater London".

(3) In subsections (4) and (5) (duty of paying authority or authorities to pay expenses of magistrates' courts committee), after "courts' committee" insert "for an area outside Greater London".

(4) In subsection (10) (interpretation) after "courts' committee" insert "for an area outside Greater London".

17.—(1) Section 56 (provision supplementary to section 55) is amended as follows.

(2) In subsection (1) (determination by committee)—

(a) in paragraph (b), after "committee" insert "for an area outside Greater London", and

(3) In subsection (2) (apportionment), after "committee", in the first place, insert "for an area outside Greater London".

18. In section 59(1) (regulations relating to accounts of magistrates' courts committees), after "magistrates' courts committees" insert "for areas outside Greater London".

19. After section 68 insert—

"Provision of accommodation for justices and staff. 68A. Any accommodation provided under any enactment for any justice, justices' clerk or justices' chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be treated as being in that area for the purposes of the jurisdiction of the justices when acting in the court-house.".'.

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

NS1

To move the following Schedule:—

'SCHEDULE

Community Legal Service

The Community Legal Service shall fund the following categories of case involving personal injuries—

(a) cases for vulnerable clients (children and patients);

(b) cases where overall costs are likely to exceed £25,000;

(d) cases involving novel points of law;

(e) test cases;

(f) cases involving the wider public interest;

(g) multi-party actions;

(h) pharmaceutical claims;

(i) industrial disease cases;

(j) product liability cases;

(k) environmental cases;

(l) claims to the CICA or MIB (untraced drivers) or other similar bodies;

(m) cases involving two or more experts on liability or causation;

(n) complex cases where the damages are very substantial; and

(o) cases where adequate insurance is not available after the event to the client at an affordable price.'.

Mr Geoffrey Hoon

198

Clause 55, page 29, line 41, at end insert '; but a commission area may not consist of an area partly within and partly outside Greater London.'.