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As an Amendment to Mr Keith Vaz's proposed new Clause (NC11) (Commissioner's Functions):
Mr Austin Mitchell
(a)
*Line 3, leave out from 'to' to end and insert 'set up an independent complaints review body to handle complaints in place of the professional body.'.
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.'.
As an Amendment to Mr Keith Vaz's proposed new Clause (NC6) (Bar practising certificates):
Mr Austin Mitchell
(a)
*Line 20, leave out from 'certificates' to end and insert 'shall have the effect of prohibiting barristers employed in the Community legal service, in Law Centres and in the Crown Prosecution Service from practising in any court and provision in the rules made by Counsel to cut practising certificates shall have effect unless approved by the Lord Chancellor.'.
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.'.
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—
(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.
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| 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.".'. |
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.'.
Adjournment of inquest in event of judicial inquiry
Mr Keith Vaz
NC12
To move the following Clause:—
'.—(1) In the Coroners Act 1988, after section 17 insert—
| "Adjournment of inquest in event of judicial inquiry. | 17A.—(1) If on an inquest into a death the coroner is informed by the Lord Chancellor before the conclusion of the inquest that—
the coroner shall, in the absence of any exceptional reason to the contrary, adjourn the inquest and, if a jury has been summoned, may, if he thinks fit, discharge them.
(2) Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.
(3) Where a coroner has adjourned an inquest in compliance with subsection (1) above, the Lord Chancellor shall send him the findings of the public inquiry as soon as reasonably practicable after their publication.
(4) A coroner may only resume an inquest which has been adjourned in compliance with subsection (1) above if in his opinion there is exceptional reason for doing so; and he shall not do so—
(a) before the end of the period of 28 days beginning with the day on which the findings of the public inquiry are published; or
(b) if the Lord Chancellor notifies the coroner that this paragraph applies, before the end of the period of 28 days beginning with the day on which the public inquiry is concluded.
(5) Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above—
(a) the provisions of section 8(3) above shall not apply in relation to that inquest; and
(b) if he summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment), he shall proceed in all respects as if the inquest had not previously begun and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.
(6) Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (2) above) send to the registrar of deaths a certificate under his hand stating any findings of the public inquiry in relation to the death."
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(2) In section 8(4) of that Act (power to summon jury), for "either before he proceeds to hold an inquest" substitute "before he proceeds to hold an inquest, on resuming an inquest begun with a jury after the inquest has been adjourned and the jury discharged".
(3) In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for "certain cases" substitute "event of criminal proceedings".'.
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