Vote Bundle Text (990622-03)

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

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Mr Keith Vaz

Page 71, line 3 [Schedule 3], leave out 'of' and insert 'to'.

Mr Keith Vaz

Page 71, line 16 [Schedule 4], at end insert—

'The Criminal Appeal Act 1968 (c.19)

. In section 50 of the Criminal Appeal Act 1968 (meaning of "sentence"), at the end insert—

Mr Keith Vaz

Page 71, line 23 [Schedule 4], leave out 'of' and insert 'to'.

Mr Keith Vaz

Page 71, line 33 [Schedule 4], leave out 'of' and insert 'to'.

Mr Keith Vaz

Page 71, line 42 [Schedule 4], leave out 'of' and insert 'to'.

Mr Keith Vaz

Page 72, line 11 [Schedule 4], leave out 'of' and insert 'to'.

Mr Keith Vaz

Page 73, line 40 [Schedule 4], at end insert—

'. The Supreme Court Act 1981 has effect subject to the following amendments.

. In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert—

. In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert—

Mr Keith Vaz

Page 73, line 41 [Schedule 4], leave out 'of the Supreme Court Act 1981'.

Mr Keith Vaz

Page 74, line 5 [Schedule 4], leave out 'of' and insert 'to'.

Mr Keith Vaz

Page 77, line 22 [Schedule 4], at end insert—

'The Crime and Disorder Act 1998 (c.37)

. The Crime and Disorder Act 1998 has effect subject to the following amendments.

. In section 50(2) (procedure at early administrative hearing), for paragraphs (a) to (c) substitute "the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right."

. In paragraph 3(8) of Schedule 3 (matters which may be contained in a report of an application for dismissal of charges), for paragraph (g) substitute—

"(g) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused."

The Disability Rights Commission Act 1999

. In section 8(4)(a) of the Disability Rights Commission Act 1999 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from "under" to "Board" substitute "imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission".'.

GOVERNMENT NEW CLAUSES AND NEW SCHEDULE

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—

(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.".'.

Funding of Ombudsman by professional bodies

Mr Keith Vaz

NC9

To move the following Clause:—

'. In paragraph 7 of Schedule 3 to the Courts and Legal Services Act 1990 (financial provisions relating to Legal Services Ombudsman), for sub-paragraph (1) (Ombudsman's expenses to be defrayed by Lord Chancellor) substitute—

(1A) 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.".'.

The Commissioner

Mr Keith Vaz

NC10

To move the following Clause:—

'.—(1) The Lord Chancellor may appoint a person as Legal Services Complaints Commissioner.

(2) Any appointment of a person as Commissioner shall be for a period of not more than three years; and a person appointed as Commissioner shall hold and vacate office in accordance with the terms of his appointment.

(3) At the end of his term of appointment the Commissioner shall be eligible for re-appointment.

(4) The Commissioner shall not be an authorised advocate, authorised litigator, licensed conveyancer or authorised practitioner (within the meaning of the Courts and Legal Services Act 1990) or a notary.

(5) Schedule (Legal Services Complaints Commissioner) (which makes further provision about the Commissioner) has effect.'.

Commissioner's functions

Mr Keith Vaz

NC11

To move the following Clause:—

'.—(1) If it appears to the Lord Chancellor that complaints about members of any professional body are not being handled effectively and efficiently, he may by direction require the Legal Services Complaints Commissioner to consider exercising in relation to the body such of the powers in subsection (2) as are specified in the direction.

(2) Those powers are—

(a) to require a professional body to provide information, or make reports, to the Commissioner about the handling of complaints about its members,

(b) to investigate the handling of complaints about the members of a professional body,

(d) to set targets in relation to the handling of complaints about the members of a professional body, and

(e) to require a professional body to submit to the Commissioner a plan for the handling of complaints about its members.

(3) Where the Commissioner requires a professional body to submit to him a plan for the handling of complaints about its members but the body—

(a) fails to submit to him a plan which he considers adequate for securing that such complaints are handled effectively and efficiently, or

(b) submits to him such a plan but fails to handle complaints in accordance with it,

he may require the body to pay a penalty.

(4) Before requiring a professional body to pay a penalty under subsection (3) the Commissioner shall afford it a reasonable opportunity of appearing before him to make representations.

(5) The Lord Chancellor shall by order made by statutory instrument specify the maximum amount of any penalty under subsection (3).

(6) In determining the amount of any penalty which a professional body is to be required to pay under subsection (3) the Commissioner shall have regard to all the circumstances of the case, including in particular—

(a) the total number of complaints about members of the body and, where the penalty is imposed in respect of a failure to handle complaints in accordance with a plan, the number of complaints not so handled, and

(b) the assets of the body and the number of its members.

(7) A penalty under subsection (3) shall be paid to the Commissioner who shall pay it to the Lord Chancellor.

(8) Where a direction under subsection (1) in relation to a professional body has been given (and not revoked), section 24(1) of the Courts and Legal Services Act 1990 (power of Legal Services Ombudsman to make recommendations about arrangements for investigation of complaints) shall not have effect in relation to the body.

(9) No order shall be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(10) In this section "professional body" has the same meaning as in section 22 of the Courts and Legal Services Act 1990.'.