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Access to Justice Bill [H.L.]

This is the Access to Justice Bill [H.L.], as introduced in the House of Lords on 2 December 1998

 
  
 
EXPLANATORY NOTES
 
 Explanatory Notes to the Bill, prepared by the Lord Chancellor's Department, are published separately as HL Bill 4- EN.
 
 

EUROPEAN CONVENTION ON HUMAN RIGHTS
 

The Lord Chancellor has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
 

 

In my view the provisions of the Access to Justice Bill [H.L.] are compatible with the Convention Rights.

 
 
  
Access to Justice Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
THE LEGAL SERVICES COMMISSION
The Commission
Clause 
1.The Legal Services Commission.
2.Power to replace Commission with two bodies.
3.Powers of Commission.
4.Directions and guidance.

The Community Legal Service
5.The Community Legal Service.
6.Funding of services.
7.Services which may be funded.
8.Individuals for whom services may be funded.
9.Code about provision of funded services.
10.Terms of provision of funded services.
11.Costs in funded cases.

The Criminal Defence Service
12.The Criminal Defence Service.
13.Advice and assistance.
14.Representation.
15.Regulations about payments to representatives.
16.Terms of provision of funded services.
17.Funding.

Supplementary
18.Foreign law.
19.Restriction of disclosure of information.
20.Misrepresentation etc.
21.Position of service providers and other parties.
22.Consequential amendments.
23.Orders and regulations.
24.Interpretation.

PART II
LEGAL AID IN SCOTLAND
25.Regulations about financial limits in certain proceedings.
26.Recipients of disability working allowance.

PART III
LEGAL SERVICES
Funding
27.Conditional fee agreements.
28.Recovery of insurance premiums by way of costs.

The Legal Services Consultative Panel
29.Replacement of ACLEC by Consultative Panel.

Rights of audience and rights to conduct litigation
30.Barristers and solicitors.
31.Rights of audience: employed advocates.
32.Employees of Legal Services Commission.
33.Rights of audience: change of authorised body.
34.Rights to conduct litigation: barristers and legal executives.
35.Authorised bodies: designation and regulations and rules.
36.Overriding duties of advocates and litigators.
37.Minor and consequential amendments.

PART IV
APPEALS ETC.
Right of appeal
38.Permission to appeal.
39.Second appeals.

Destination of appeals
40.Power to prescribe alternative destination.
41.Assignment of appeals to Court of Appeal.

Civil division of Court of Appeal
42.Composition.
43.Registrar of civil appeals.

Jurisdiction of single judge of High Court
44.Criminal causes and matters.
45.Contempt of court.
46.Habeas corpus.

Cases stated
47.Cases stated by Crown Court for opinion of High Court.

Reporting of proceedings about children
48.Reporting of proceedings relating to children.

PART V
MAGISTRATES AND MAGISTRATES' COURTS
Territorial organisation
49.Commission areas.
50.Petty sessions areas.
51.Consequential amendments.

Justices
52.Unification and renaming of stipendiary bench.
53.Justices not to sit on committal for sentence.
54.Jurisdiction over offences outside area.

Magistrates' courts committees
55.Areas outside Greater London.
56.Constitution of committees outside Greater London.
57.Greater London Magistrates' Courts Authority.
58.Standard goods and services.

Justices' chief executives
59.Qualification for appointment.
60.Role.
61.Transfer of administrative functions of justices' clerks.
62.Collection, payment, accounting and banking.

Execution of warrants
63.Civilian enforcement officers.
64.Approved enforcement agencies.
65.Warrants of detention.
66.Execution by person not in possession of warrant.
67.Cessation of warrants.

PART VI
IMMUNITY AND INDEMNITY
Justices and their clerks
68.Justices and clerks: immunity from costs.
69.Justices and clerks: indemnity.
70.Assistant justices' clerks: immunity from action.

General Commissioners of income tax and their clerks
71.General Commissioners: immunity from action.
72.General Commissioners: immunity from costs and expenses.
73.General Commissioners and clerks: indemnity.

Coroners
74.Indemnity.

PART VII
SUPPLEMENTARY
75.Transitional provisions and savings.
76.Repeals and revocations.
77.Crown application.
78.Commencement.
79.Extent.
80.Short title.
 

SCHEDULES
    Schedule 1-The Legal Services Commission.
    Schedule 2-Community Legal Service: excluded services.
    Schedule 3-Criminal Defence Service: right to representation.
    Schedule 4-Amendments consequential on Part I.
    Schedule 5-Authorised bodies: designation and regulations and rules.
    Schedule 6-Rights of audience and rights to conduct litigation: amendments.
    Schedule 7-Commission areas and petty sessions areas: amendments.
    Schedule 8-Unification and renaming of stipendiary bench: amendments.
    Schedule 9-Functions transferred to justices' chief executives.
    Schedule 10-Transitional provisions and savings.
    Part I-General.
    Part II-Legal Services Commission.
    Part III-Legal services.
    Part IV-Reporting of proceedings about children.
    Part V-Magistrates and magistrates' courts.
    Schedule 11-Repeals and revocations.
    Part I-Legal Services Commission.
    Part II-Legal services.
    Part III-Appeals etc.
    Part IV-Magistrates and magistrates' courts.
    Part V-Immunity and indemnity.
 

 
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Prepared 3 December 1998