|
| |
|
(a) | “pilot scheme” means any instrument which, in accordance |
| |
with subsection (2), is made so as to have effect for a limited |
| |
| |
(b) | “connected instrument”, in relation to a pilot scheme, means an |
| |
instrument made under the same provision as the pilot scheme. |
| 5 |
(4) | A pilot scheme may provide that its provisions, or the provisions of a |
| |
connected instrument, are to apply only in relation to— |
| |
(a) | one or more specified areas or localities; |
| |
(b) | one or more specified descriptions of court or tribunal; |
| |
(c) | one or more specified descriptions of service that may be |
| 10 |
provided as part of the Community Legal Service; |
| |
(d) | one or more specified classes of person; |
| |
| |
(i) | by reference to specified criteria; or |
| |
(ii) | on a sampling basis. |
| 15 |
(5) | The period for the time being specified in a pilot scheme may be |
| |
| |
(a) | if the period is one of less than 3 years, so that it becomes a |
| |
longer period not exceeding 3 years; |
| |
(b) | so that it becomes a period which exceeds 3 years by such |
| 20 |
amount as the Lord Chancellor thinks necessary for the purpose |
| |
of securing that the pilot scheme remains in operation until the |
| |
coming into force of a connected instrument that will have |
| |
| |
| 25 |
(ii) | for purposes wider than those for which the pilot |
| |
| |
(6) | A pilot scheme may make consequential or transitional provision with |
| |
respect to the cessation of the scheme on the expiry of the specified |
| |
period (or that period as varied under subsection (5)).” |
| 30 |
(6) | In section 25 (orders and regulations), after subsection (9A) insert— |
| |
“(9AA) | No instrument (other than an order under section 6(4)) may be made in |
| |
pursuance of section 11A unless a draft of it has been laid before, and |
| |
approved by a resolution of, each House of Parliament.” |
| |
129 | Excluded services: help in connection with business matters |
| 35 |
(1) | Schedule 2 to the Access to Justice Act 1999 (c. 22) (services excluded from the |
| |
Community Legal Service) is amended as follows. |
| |
(2) | In paragraph 1, omit paragraph (h) (matters arising out of the carrying on of a |
| |
business) (but not the “or” following it). |
| |
(3) | After that paragraph insert— |
| 40 |
“1A | Services consisting of the provision of help to an individual in |
| |
relation to matters arising out of or in connection with— |
| |
(a) | a proposal by that individual to establish a business; |
| |
|
| |
|
| |
|
(b) | the carrying on of a business by that individual (whether or |
| |
not the business is being carried on at the time the services are |
| |
| |
(c) | the termination or transfer of a business that was being |
| |
carried on by that individual.” |
| 5 |
| |
130 | Criminal Defence Service: information requests |
| |
(1) | In section 17A of the Access to Justice Act 1999 (c. 22) (contribution orders) |
| |
before subsection (6) insert— |
| |
“(5A) | In paragraph 6(1) and 7(1) of Schedule 3 (information requests) the |
| 10 |
reference to regulations under paragraph 3B(3) is to be read as |
| |
including a reference to regulations under this section.” |
| |
(2) | Schedule 3 to that Act (criminal defence service: right to representation) is |
| |
amended in accordance with subsections (3) to (8). |
| |
(3) | In sub-paragraph (1) of paragraph 6— |
| 15 |
(a) | for “the application of” substitute “how”, and |
| |
(b) | after “paragraph 3B(3),” insert “apply (or at any time applied)”. |
| |
(4) | In sub-paragraph (2) of that paragraph— |
| |
(a) | in paragraph (a) after “name” insert “(and any previous names)”, |
| |
(b) | in paragraph (b) after “address” insert “(and any previous addresses)”, |
| 20 |
| |
(c) | in paragraph (e) after “status” insert “at any time specified in the |
| |
| |
(5) | In sub-paragraph (3) of that paragraph— |
| |
(a) | in paragraph (a) after “is” insert “, or at any time specified in the request |
| 25 |
| |
(b) | in paragraph (b) after “is” insert “, or at that time was,”, |
| |
(c) | after that paragraph insert— |
| |
“(ba) | whether or not the individual is, or at any time |
| |
specified in the request was, carrying on any |
| 30 |
business, trade or profession (and, if so, any name |
| |
under which it is or was carried on and the address of |
| |
any premises used for the purpose of carrying it on);”, |
| |
| |
(d) | after paragraph (c) insert— |
| 35 |
“(ca) | the individual’s benefit status at any time specified in |
| |
| |
(6) | In sub-paragraph (4) of that paragraph— |
| |
(a) | for “subsection” substitute “sub-paragraph (2)(f) and”, |
| |
(b) | after “relating to” insert “(a)”, and |
| 40 |
| |
“(b) | the individual’s assets (as defined in the |
| |
| |
(7) | In sub-paragraph (1) of paragraph 7— |
| |
|
| |
|
| |
|
(a) | for “the application of” substitute “how”, and |
| |
(b) | after “paragraph 3B(3),” insert “apply (or at any time applied)”. |
| |
| |
(a) | after sub-paragraph (4) insert— |
| |
“(4A) | An office-holder is to be treated as employed by the person |
| 5 |
under whom the office is held.”, and |
| |
(b) | omit sub-paragraph (5). |
| |
131 | Criminal Defence Service: enforcement of order to pay cost of representation |
| |
(1) | The Access to Justice Act 1999 (c. 22) is amended as follows. |
| |
(2) | In section 17 (terms of provision of funded services)— |
| 10 |
(a) | in subsection (3)(g) omit the words from “(including” to the end, and |
| |
| |
“(4) | Regulations under subsection (3)(g) may in particular— |
| |
(a) | make provision for costs incurred in connection with the |
| |
enforcement of an order under subsection (2) to be |
| 15 |
recovered from the individual against whom the order |
| |
| |
(b) | provide that any overdue sums are— |
| |
(i) | recoverable summarily as a civil debt; |
| |
(ii) | recoverable, if the High Court or a county court |
| 20 |
so orders on the application of the person or |
| |
body to which the sums are due, as if they were |
| |
payable under an order of the court in question. |
| |
(5) | In this section “overdue sum” means— |
| |
(a) | a sum which is unpaid after the time when it is required |
| 25 |
by an order under subsection (2) to be paid; |
| |
(b) | a sum which is required to be paid under regulations |
| |
made by virtue of subsection (4)(a).” |
| |
(3) | In section 17A (contribution orders)— |
| |
| 30 |
(i) | in paragraph (d)(ii), after “order” insert “, or regulations made |
| |
by virtue of subsection (2A)(a),”, and |
| |
(ii) | in paragraph (e) omit the words from “, including” to the end, |
| |
(b) | after that subsection insert— |
| |
“(2A) | Enforcement regulations may in particular— |
| 35 |
(a) | make provision for costs incurred in connection with the |
| |
enforcement of a contribution order to be recovered |
| |
from the individual against whom the order is made; |
| |
(b) | provide for the withdrawal of an individual’s right to |
| |
representation in certain circumstances; |
| 40 |
(c) | provide that any overdue sums are— |
| |
(i) | recoverable summarily as a civil debt; |
| |
(ii) | recoverable, if the High Court or a county court |
| |
so orders on the application of the person or |
| |
|
| |
|
| |
|
body to which the sums are due, as if they were |
| |
payable under an order of the court in question; |
| |
(d) | authorise a court to make motor vehicle orders in |
| |
respect of an individual for the purpose of enabling any |
| |
overdue sum required to be paid by that individual to be |
| 5 |
recovered by the person or body to which the sum is |
| |
| |
(2B) | In subsection (2A)(d)— |
| |
“court” means the High Court, a county court or a |
| |
| 10 |
“motor vehicle order” means— |
| |
| |
(b) | a vehicle sale order. |
| |
(2C) | A clamping order is an order— |
| |
(a) | that a motor vehicle be fitted with an immobilisation |
| 15 |
| |
(b) | which complies with any requirements that are imposed |
| |
by enforcement regulations with respect to the making |
| |
| |
(2D) | A vehicle sale order is an order that— |
| 20 |
(a) | a motor vehicle which is the subject of a clamping order |
| |
is to be sold or otherwise disposed of in accordance with |
| |
any provision made by enforcement regulations, and |
| |
(b) | any proceeds are to be applied, in accordance with |
| |
enforcement regulations, in discharging the |
| 25 |
individual’s liability in respect of the overdue sum. |
| |
(2E) | Schedule 3A makes provision about the content of enforcement |
| |
regulations if provision of the kind mentioned in subsection |
| |
| |
(c) | for subsection (6) of that section substitute— |
| 30 |
| |
“contribution order” means an order made under |
| |
regulations under subsection (1); |
| |
“enforcement regulations” means regulations made by |
| |
virtue of subsection (2)(e); |
| 35 |
“immobilisation device” has the meaning given by |
| |
paragraph 8 of Schedule 3A; |
| |
“motor vehicle” has the meaning given by that paragraph; |
| |
| |
(a) | a sum which is unpaid after the time when it is |
| 40 |
required by a contribution order to be paid; |
| |
(b) | any interest which is required to be paid by |
| |
regulations made by virtue of subsection (2)(d); |
| |
(c) | a sum which is required to be paid under |
| |
regulations made by virtue of subsection |
| 45 |
| |
(4) | After Schedule 3 insert the Schedule 3A set out in Schedule 16 to this Act. |
| |
|
| |
|