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261

 
 

House of Commons

 
 

Thursday 26th January 2006

 

Report Stage Proceedings

 

Criminal Defence Service Bill [Lords], As Amended


 

NEW CLAUSE

 

Power of Court to grant a representation order

 

Mr David Burrowes

 

Mr Jonathan Djanogly

 

Angela Watkinson

 

Negatived on division  NC1

 

To move the following Clause:—

 

‘(1)    

Notwithstanding powers conferred on the Legal Services Commission by section

 

1, the Court shall retain the power to grant a representation order upon oral

 

application to the Court under circumstances in which it would not be practicable

 

to refer the matter to the Commission.

 

(2)    

Paragraph 3B of Schedule 3 to the Access to Justice Act 1999 (c. 22) (financial

 

eligibility) applies to the power in subsection (1) as if it were a power under that

 

Schedule.’.

 


 

Mr David Heath

 

Agreed to  1

 

Page  3,  line  21  [Clause  2],  at end insert—

 

‘(5)    

The provision which may be made under sub-paragraph (4)(c) includes provision

 

prescribing circumstances in which the person or body reviewing a decision may

 

refer a question to the High Court for its decision.

 

(6)    

Section 16 of the Supreme Court Act 1981 (c. 54) (appeals from the High Court)

 

shall not apply to decisions of the High Court on a reference under regulations

 

under this paragraph.’.

 

Bill read the third time and passed with Amendments.

 


 
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