| Amendments proposed to the Access to Justice Bill [Lords], As Amended - continued | House of Commons |
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Mr Keith Vaz 101 *Page 46, line 14 [Clause 74], after 'The' insert 'Greater London Magistrates' Courts'.
Mr Keith Vaz 102 *Page 46, line 38 [Clause 74], leave out from 'fund;' to 'arrangements' in line 42 and insert 'and
Mr Keith Vaz 103 *Page 46, line 45 [Clause 74], after 'applying' insert—
Mr Keith Vaz 91 Page 62, line 16 [Clause 98], leave out '61,' and insert '61(2), section 70 and Schedule 10 and section (Adjournment of inquest in event of judicial inquiry),'.
Mr Keith Vaz 3 Page 62, line 17 [Clause 98], after ' 75' insert ', (Code of conduct)'.
Mr Keith Vaz 104 *Page 62, line 28 [Clause 99], after 'Sections' insert '(Judges holding office in European or international courts),'.
NEW SCHEDULE
Mr Keith Vaz NS1 To move the following Schedule:—
'SCHEDULELegal Services Complaints CommissionerProvision for discharge of functions 1.—(1) The Lord Chancellor may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner.(2) Any such directions shall be published by the Lord Chancellor in such manner as appears to him to be appropriate. (3) Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.
Delegation of functions 2.—(1) The Commissioner may delegate any of his functions to such members of his staff as he thinks fit.(2) All reports prepared by or on behalf of the Commissioner must be signed by him.
Remuneration 3.—(1) The Lord Chancellor shall pay to, or in respect of, the Commissioner such amounts—
as he may determine. (2) If—
the Lord Chancellor may pay to him such sum as the Lord Chancellor may determine.
Staff 4.—(1) The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions.(2) Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the Lord Chancellor, determine. (3) The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner's staff who suffer loss of employment or loss or diminution of emoluments.
Annual and other reports 5.—(1) The Commissioner shall make an annual report to the Lord Chancellor on the discharge of his functions during the year to which the report relates.(2) The Commissioner may, in addition, report to the Lord Chancellor at any time on any matter relating to the discharge of the Commissioner's functions. (3) The Commissioner shall provide the Lord Chancellor with such information relating to the discharge of his functions as the Lord Chancellor may see fit to require. (4) The Lord Chancellor shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).
Accounts and audit 6.—(1) The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.(2) The accounts shall be kept, and the statement of accounts prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct. (3) The accounts shall be audited by persons appointed by the Lord Chancellor in respect of each financial year. (4) The auditors shall send to the Lord Chancellor a copy of the statement of accounts and of their report. (5) The Lord Chancellor shall lay before each House of Parliament a copy of every statement of accounts and auditors' report sent to him under this paragraph.
Financial provisions 7.—(1) The Lord Chancellor may require any professional body in relation to which a direction under section (Commissioner's functions) of this Act has been given (and not revoked) to make payments of such amounts as the Lord Chancellor considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.(2) To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament. (3) The Commissioner may, with the approval of the Lord Chancellor, pay fees or allowances to any person who, in the Commissioner's opinion, is qualified to assist him in the discharge of his functions and who so assists him.
Parliamentary disqualification 8. In Part III of Schedule 1 to—
(disqualifying offices), insert (at the appropriate place in alphabetical order)—
Parliamentary Commissioner 9. In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)—
Acting Commissioner 10.—(1) The Lord Chancellor may appoint a person to exercise the functions of the Commissioner where—
(2) A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed. (3) The Lord Chancellor may pay to any person so appointed such remuneration as he may determine.'.
Mr Keith Vaz 38 Page 65, line 28 [Schedule 1], leave out ', with the approval of the Treasury,'.
Mr Keith Vaz 39 Page 65, line 32 [Schedule 1], leave out ', with the consent of the Treasury,'.
Mr Keith Vaz 40 Page 65, line 33 [Schedule 1], leave out ', with the consent of the Treasury,'.
Mr Keith Vaz 41 Page 65, line 46 [Schedule 1], leave out 'and consent of the Treasury'.
Mr Keith Vaz 42 Page 65, line 49 [Schedule 1], leave out 'and the consent of the Treasury'.
Mr Keith Vaz 43 Page 66, line 16 [Schedule 1], leave out 'and consent of the Treasury'.
Mr Keith Vaz 44 Page 66, line 41 [Schedule 1], leave out ', with the consent of the Treasury,'.
Mr Robert Marshall-Andrews
95 *Page 68, line 32 [Schedule 2], at end insert 'and actions brought by or on behalf of children under 18, patients within the meaning of the Mental Health Act 1983, persons with disabilities within the meaning of section 1(1) of the Disability Discrimination Act 1995 and persons in receipt of Income Support, save that services shall not be funded if the Commission is satisfied in any individual case that a conditional fee agreement is available.'.
Mr William Hague 99 *Page 68, line 32 [Schedule 2], at end insert 'save where compelling reasons exist'.
Mr Keith Vaz 45 Page 69, line 39 [Schedule 3], leave out first 'of' and insert 'to'.
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