NOTICES OF AMENDMENTS

given up to and including

Wednesday 16th June 1999

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New Amendments handed in are marked thus *

CONSIDERATION OF BILL

ACCESS TO JUSTICE BILL [LORDS], AS AMENDED

NEW CLAUSES

Abolition of Queen's Counsel

   

Mr Andrew Dismore
Mr Robin Corbett
Mr Fabian Hamilton
Mr Martin Linton
Maria Eagle
Mr Gordon Prentice

Mr Keith Darvill	Mr Paul Stinchcombe	Mr Harry Cohen
Mr Stephen Pound	Dr Alan Whitehead	Helen Jones
Karen Buck	Judy Mallaber	Mr Stephen Twigg
Mr Jonathan R. Shaw	Mr Mark Todd

NC1

To move the following Clause:—

    'The office of Queen's Counsel is abolished.'.

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Register of judicial interests

   

Mr Andrew Dismore
Mr Robin Corbett
Mr Fabian Hamilton
Mr Martin Linton
Maria Eagle
Mr Gordon Prentice

Mr Keith Darvill	Mr Paul Stinchcombe	Mr Harry Cohen
Mr David Kidney	Mr Stephen Pound	Mr Gareth Thomas
Dr Alan Whitehead	Helen Jones	(Clwyd West)
Karen Buck	Judy Mallaber	Mr Stephen Twigg
Mr Jonathan R. Shaw	Mr Mark Todd	Mr Michael Jabez Foster (Hastings and Rye)

NC2

To move the following Clause:—

    '(1) The Lord Chancellor shall appoint a Registrar of Judicial Interests;

    (2) The Lord Chancellor shall by order require every member of the judiciary to notify to the Registrar such particulars of his pecuniary and non-pecuniary interests and in such manner as the Lord Chancellor shall by order specify together with any alterations which may occur therein;

    (3) The Registrar shall cause these particulars to be entered in a Register of Judicial Interests which shall be available for inspection by the public in such places and at such times as the Lord Chancellor shall by order specify.'.

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Court dress

   

Mr Andrew Dismore
Mr Robin Corbett
Mr Fabian Hamilton
Mr Martin Linton
Maria Eagle
Mr Gordon Prentice

Mr Keith Darvill	Mr Harry Cohen	Mr Jonathan R. Shaw
Mr Stephen Pound	Helen Jones	Karen Buck
Judy Mallaber	Mr Stephen Twigg	Mr Michael Jabez Foster
Mr Mark Todd		(Hastings and Rye)

NC3

To move the following Clause:—

    '(1) The wearing of wigs in court by judges and advocates as part of court dress is abolished.

    (2) The Lord Chancellor shall within six months of the commencement date of this Act by order lay down rules for court dress.

    (3) In exercising the duty specified in subsection (2) above the Lord Chancellor shall ensure that the rules provide for the same court dress requirements for all advocates.

    (4) For the purposes of this section "advocate" shall mean barristers (whether leading or junior counsel) and solicitors.'.

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Code of conduct

   

Mr Keith Vaz

NC4

To move the following Clause:—

    '. In the Justices of the Peace Act 1997, after section 39 insert—

"Code of conduct for members etc.

39A.—(1) The Lord Chancellor may prepare a code of conduct to be observed by— (a) members of magistrates' courts committees; and (b) members of selection panels for choosing members of such committees.     (2) The Lord Chancellor may from time to time prepare a revised version of the code.     (3) Before preparing the code or a revised version of the code the Lord Chancellor shall undertake such consultation as appears to him to be appropriate.     (4) The code, and any revised version of the code, shall come into force as provided by an order made by the Lord Chancellor by statutory instrument; and an order providing for the coming into force of the code or a revised version shall set out the code or revised version.     (5) A statutory instrument containing an order made by virtue of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Non-compliance with code.

39B.—(1) The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that— (a) a member of a magistrates' courts committee; or (b) a member of a selection panel for choosing members of such a committee,     has, without reasonable excuse, failed to observe the code.     (2) An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following— (a) that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or (b) that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates' courts committee or any selection panel for choosing members of such a committee.     (3) The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.     (4) A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

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Recovery where body undertakes to meet costs liabilities

   

Mr Keith Vaz

NC5

To move the following Clause:—

    '.—(1) This section applies where a body of a prescribed description undertakes to meet (in accordance with arrangements satisfying prescribed conditions) liabilities which members of the body or other persons who are parties to proceedings may incur to pay the costs of other parties to the proceedings.

    (2) If in any of the proceedings a costs order is made in favour of any of the members or other persons, the costs payable to him may, subject to subsection (3) and (in the case of court proceedings) to rules of court, include an additional amount in respect of any provision made by or on behalf of the body in connection with the proceedings against the risk of having to meet such liabilities.

    (3) But the additional amount shall not exceed a sum determined in a prescribed manner; and there may, in particular, be prescribed as a manner of determination one which takes into account the likely cost to the member or other person of the premium of an insurance policy against the risk of incurring a liability to pay the costs of other parties to the proceedings.

    (4) In this section "prescribed" means prescribed by regulations made by the Lord Chancellor by statutory instrument; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (5) Regulations under subsection (1) may, in particular, prescribe as a description of body one which is for the time being approved by the Lord Chancellor or by a prescribed person.'.

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Bar practising certificates

   

Mr Keith Vaz

NC6

To move the following Clause:—

    '.—(1) If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a "practising certificate"), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.

    (2) Rules made by virtue of subsection (1)—

(a) may provide for the payment of different fees by different descriptions of applicants, but

(b) may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers.

    (3) The Lord Chancellor may by order made by statutory instrument—

(a) amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or

(b) vary or revoke an order under paragraph (a).

    (4) No order shall be made under subsection (3) unless—

(a) the Lord Chancellor has consulted the Council, and

(b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

    (5) No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor.

    (6) The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.'.

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Fees for solicitors' practising certificates

   

Mr Keith Vaz

NC7

To move the following Clause:—

    '.—(1) The Lord Chancellor may by order made by statutory instrument amend section 11(3) of the Solicitors Act 1974 (power of Law Society to apply fees payable on issue of practising certificates for any of its purposes) by substituting for the purposes referred to in it (at any time)—

(a) the purposes of the regulation, education and training of solicitors and those wishing to become solicitors, or

(b) both those purposes and such other purposes as the Lord Chancellor considers appropriate.

    (2) No order shall be made under this section unless—

(a) the Lord Chancellor has consulted the Master of the Rolls and the Law Society, and

(b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.'.

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Powers of Ombudsman

   

Mr Keith Vaz

NC8

To move the following Clause:—

    '.—(1) Section 23 of the Courts and Legal Services Act 1990 (recommendations of the Legal Services Ombudsman) is amended as follows.

    (2) In subsection (1)(c) (written report of investigation to be sent to person with respect to whom recommendation is made), after "subsection (2)" insert "or an order under subsection (2A)".

    (3) In paragraph (e) of subsection (2) (recommendation that costs be paid by person or body to which recommendation under paragraph (c) or (d) applies), for "which a recommendation under paragraph (c) or (d) applies" substitute "pay compensation under paragraph (c) or (d)".

    (4) After that subsection insert—

    "(2A) If after completing any investigation under this Act the Ombudsman considers that, rather than recommending the taking of any action by any person or professional body under paragraph (c), (d) or (e) of subsection (2), he should make an order requiring the taking of that action by the person or body—
(a) he shall afford the person or body, and the person who made the allegation, a reasonable opportunity of appearing before him to make representations; and
(b) having considered any representations from them, he may, in reporting his conclusions, make the order."

    (5) In subsections (3) and (4) (reports), after "recommendation" (in each place) insert "or order".

    (6) In subsection (6) (duty to have regard to Ombudsman's report), for "subsection (1)(b) or (c)" substitute "subsection (1)(b), (c) or (d)".

    (7) For the sidenote substitute "Recommendations and orders.".'.

Prepared 16 Jun 1999