Vote Bundle Text (990618-04)

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

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Mr Keith Vaz

That Clause 54 be transferred to end of line 32 on page 33.

Mr Keith Vaz

That Clause 59 be transferred to end of line 5 on page 31.

Mr Keith Vaz

That Clause 60 be transferred to end of line 32 on page 33.

Mr Keith Vaz

Page 39, line 14 [Clause 70], leave out from '(which' to 'has' in line 16 and insert 'makes provision about the enforcement of community orders by the Crown Court)'.

Mr Keith Vaz

That Clause 70 be transferred to end of line 32 on page 33.

Mr Keith Vaz

100

Page 44, line 34 [Clause 74], leave out from beginning to end of line 10 on page 46 and insert—

'Funding. 59B.—(1) The Lord Chancellor may pay grants to the Greater London Magistrates' Courts Authority in respect of the Authority's expenditure.
    (2) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.
    (3) Each London local authority shall pay to the Authority such amount in respect of—

(a) any kind of the Authority's expenditure in any year; or

(b) if less, such amount as may, in relation to that kind of expenditure and that year, be for the time being determined by the Lord Chancellor,
    as may be determined in accordance with regulations made by the Lord Chancellor by statutory instrument.
    (4) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision—

(a) as to whether payments are to be made by instalments or otherwise;

(b) as to the time when payments are to be made;

(c) conferring a right to interest on anything unpaid; and

(d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).
    (5) The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority's expenditure is to be determined.
    (6) Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority's expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
    (7) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

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

(b) make'.

Mr Keith Vaz

103

Page 46, line 45 [Clause 74], after 'applying' insert—

'(a) Part VIII of the Local Government Finance Act 1988 (financial administration); and

(b)'.

Mr Keith Vaz

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

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:—

'SCHEDULE

Legal Services Complaints Commissioner

Provision 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—

(a) by way of remuneration, pensions, allowances or gratuities, or

(b) by way of provision for any such benefits,

as he may determine.

(2) If—

(a) the Commissioner ceases to hold office, and

(b) it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation,

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—

(a) the House of Commons Disqualification Act 1975, and

(b) the Northern Ireland Assembly Disqualification Act 1975,

(disqualifying offices), insert (at the appropriate place in alphabetical order)—

"The Legal Services Complaints Commissioner."

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)—

"The Legal Services Complaints Commissioner."

Acting Commissioner

10.—(1) The Lord Chancellor may appoint a person to exercise the functions of the Commissioner where—

(a) the Commissioner's office becomes vacant, or

(b) the Commissioner is incapable of exercising his functions or considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).

(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.'.