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Coroners and Justice Bill


Coroners and Justice Bill
Part 6 — Legal Aid

79

 

(a)   

“pilot scheme” means any instrument which, in accordance

with subsection (2), is made so as to have effect for a limited

period;

(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;

(e)   

persons selected—

(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

varied—

(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

effect—

(i)   

generally, or

25

(ii)   

for purposes wider than those for which the pilot

scheme has effect.

(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;

 
 

Coroners and Justice Bill
Part 6 — Legal Aid

80

 

(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

provided);

(c)   

the termination or transfer of a business that was being

carried on by that individual.”

5

Criminal Defence Service

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

and

(c)   

in paragraph (e) after “status” insert “at any time specified in the

request”.

(5)   

In sub-paragraph (3) of that paragraph—

(a)   

in paragraph (a) after “is” insert “, or at any time specified in the request

25

was,”,

(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);”,

and

(d)   

after paragraph (c) insert—

35

“(ca)   

the individual’s benefit status at any time specified in

the request;”.

(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

(c)   

at the end add—

“(b)   

the individual’s assets (as defined in the

regulations)”.

(7)   

In sub-paragraph (1) of paragraph 7—

 
 

Coroners and Justice Bill
Part 6 — Legal Aid

81

 

(a)   

for “the application of” substitute “how”, and

(b)   

after “paragraph 3B(3),” insert “apply (or at any time applied)”.

(8)   

In paragraph 8—

(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

(b)   

at the end add—

“(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

is made;

(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)—

(a)   

in subsection (2)—

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

 
 

Coroners and Justice Bill
Part 6 — Legal Aid

82

 

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

due.

(2B)   

In subsection (2A)(d)—

“court” means the High Court, a county court or a

magistrates’ court;

10

“motor vehicle order” means—

(a)   

a clamping order;

(b)   

a vehicle sale order.

(2C)   

A clamping order is an order—

(a)   

that a motor vehicle be fitted with an immobilisation

15

device (“clamped”), and

(b)   

which complies with any requirements that are imposed

by enforcement regulations with respect to the making

of clamping orders.

(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

(2A)(d) is made.”, and

(c)   

for subsection (6) of that section substitute—

30

“(6)   

In this section—

“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;

“overdue sum” means—

(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

(2A)(a).”

(4)   

After Schedule 3 insert the Schedule 3A set out in Schedule 16 to this Act.

 
 

 
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