Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 6 — Legal Aid
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(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;

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(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—

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(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

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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.