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House of Commons


Thursday 26th January 2006


Report Stage Proceedings


Criminal Defence Service Bill [Lords], As Amended




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:—



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.



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





Mr David Heath


Agreed to  1


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



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.



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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Revised 27 January 2006