Access to Justice Bill [H.L.]

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House of Commons

Session 1998-99
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Access to Justice Bill [H.L.]

This is the text of the Access to Justice Bill [H.L.], as amended in Committee in the House of Commons and printed on 13th May 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

The Commission

Clause

1. The Legal Services Commission.

2. Power to replace Commission with two bodies.

3. Powers of Commission.

The Community Legal Service

4. The Community Legal Service.

5. Funding of services.

6. Services which may be funded.

7. Individuals for whom services may be funded.

8. Code about provision of funded services.

9. Procedure relating to funding code.

10. Terms of provision of funded services.

11. Costs in funded cases.

The Criminal Defence Service

12. The Criminal Defence Service.

13. Advice and assistance.

14. Representation.

15. Selection of representative etc.

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

OTHER FUNDING OF LEGAL SERVICES

Conditional fee and litigation funding agreements

27. Conditional fee agreements.

28. Litigation funding agreements.

Costs

29. Recovery of insurance premiums by way of costs.

30. Rules as to costs.

Legal aid in Scotland

31. Regulations about financial limits in certain proceedings.

32. Recipients of disability working allowance.

33. References by Scottish Criminal Cases Review Commission.

PART III

PROVISION OF LEGAL SERVICES

The Legal Services Consultative Panel

34. Replacement of ACLEC by Consultative Panel.

Rights of audience and rights to conduct litigation

35. Barristers and solicitors.

36. Rights of audience: employed advocates.

37. Employees of Legal Services Commission.

38. Rights of audience: change of authorised body.

39. Rights to conduct litigation: barristers and legal executives.

40. Authorised bodies: designation and regulations and rules.

41. Overriding duties of advocates and litigators.

42. Minor and consequential amendments.

Barristers, solicitors and notaries

43. Barristers employed by solicitors etc.

44. Fees on application for appointment as Queen's Counsel.

45. Law Society's powers in relation to conduct of solicitors etc.

46. Public notaries: abolition of scriveners' monopoly.

PART IV

APPEALS AND COURTS

Appeals

47. Permission to appeal.

48. Second appeals.

49. Power to prescribe alternative destination of appeals.

50. Assignment of appeals to Court of Appeal.

51. Criminal appeals: minor amendments.

Civil division of Court of Appeal

52. Composition.

53. Calling into question of incidental decisions.

54. Registrar of civil appeals.

High Court

55. Power of High Court to vary committal in default.

56. Criminal causes and matters.

57. Contempt of court.

58. Habeas corpus.

59. Cases stated for opinion of High Court.

60. Vice-president of the Queen's Bench Division.

Crown Court

61. Time limits where accused sent for trial.

Court proceedings: children

62. Reporting of proceedings relating to children.

63. Power to allow children to attend criminal proceedings.

PART V

MAGISTRATES AND MAGISTRATES' COURTS

Territorial organisation

64. Commission areas.

65. Petty sessions areas.

66. Areas: consequential provision.

67. Youth courts.

Justices

68. Unification and renaming of stipendiary bench.

69. Justices not to sit on committal for sentence.

70. Enforcement of community orders.

71. Jurisdiction over offences outside area.

Magistrates' courts committees

72. Areas outside Greater London.

73. Constitution of committees outside Greater London.

74. Greater London Magistrates' Courts Authority.

75. Standard goods and services.

76. Power to direct implementation of inspectors' recommendations.

Justices' chief executives, justices' clerks and staff

77. Qualification for appointment as chief executive.

78. Role of chief executives.

79. Independence of clerks and staff exercising legal functions.

80. Transfer of clerks' functions to chief executives.

81. Accounting etc. functions of chief executives.

Execution of warrants

82. Civilian enforcement officers.

83. Approved enforcement agencies.

84. Disclosure of information for enforcing warrants.

85. Warrants of detention.

86. Execution by person not in possession of warrant.

87. Cessation of warrants.

PART VI

IMMUNITY AND INDEMNITY

Justices and their clerks

88. Justices and clerks: immunity from costs.

89. Justices and clerks: indemnity.

90. Assistant justices' clerks: immunity from action.

General Commissioners of income tax and their clerks

91. General Commissioners: immunity from action.

92. General Commissioners: immunity from costs and expenses.

93. General Commissioners and clerks: indemnity.

Coroners

94. Indemnity.

PART VII

SUPPLEMENTARY

95. Transitional provisions and savings.

96. Repeals and revocations.

97. Crown application.

98. Commencement.

99. Extent.

100. Short title.

SCHEDULES:

    Schedule 1 - 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 - Powers of Law Society.

    Schedule 8 - Commission areas and petty sessions areas: amendments.

    Schedule 9 - Unification and renaming of stipendiary bench: amendments.

    Schedule 10 - Enforcement of community orders made by Crown Court.

    Schedule 11 - Greater London Magistrates' Courts Authority.

    Part I - Financial provision.

    Part II - Other supplementary provision.

    Schedule 12 - Functions transferred to justices' chief executives.

    Schedule 13 - Transitional provisions and savings.

    Part I - General.

    Part II - Legal Services Commission.

    Part III - Conditional fee agreements.

    Part IV - Provision of legal services.

    Part V - Reporting of proceedings about children.

    Part VI - Magistrates and magistrates' courts.

    Schedule 14 - Repeals and revocations.

    Part I - Legal Services Commission.

    Part II - Legal services.

    Part III - Appeals and Courts.

    Part IV - Magistrates and magistrates' courts.

    Part V - Immunity and indemnity.

© Parliamentary copyright 1999
Prepared 17 May 1999