Access to Justice Bill [H.L.]

House of Lords

Session 1998-99
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Arrangement of Clauses (Contents)

Access to Justice Bill [H.L.]

A
B I L L
INTITULED
An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals (including cases stated) and applications for habeas corpus and the reporting of court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I

THE LEGAL SERVICES COMMISSION

The Commission

The Legal Services Commission.     1. - (1) There shall be a body known as the Legal Services Commission (in this Part referred to as "the Commission").

    (2) The Commission shall have the functions relating to-

(a) the Community Legal Service, and

(b) the Criminal Defence Service,

which are conferred or imposed on it by the provisions of this Act or any other enactment.

    (3) The Commission shall consist of-

(a) not fewer than seven members, and

(b) not more than twelve members;

but the Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.

    (4) The members of the Commission shall be appointed by the Lord Chancellor; and the Lord Chancellor shall appoint one of the members to chair the Commission.

    (5) In appointing persons to be members of the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes persons with experience in or knowledge of-

(a) the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,

(b) the work of the courts,

(c) social conditions, and

(d) management.

    (6) Schedule 1 (which makes further provision about the Commission) has effect.

Power to replace Commission with two bodies.     2. - (1) The Lord Chancellor may by order establish in place of the Commission two bodies-

(a) one to have functions relating to the Community Legal Service, and

(b) the other to have functions relating to the Criminal Defence Service.

    (2) The order may make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to the Lord Chancellor to be appropriate.

    (3) The order shall include amendments of-

(a) any provisions of, or amended by, this Part which refer to the Commission, and

(b) any other enactments which so refer,

to replace references to the Commission with references to either or both of the bodies established by the order.

Powers of Commission.     3. - (1) Subject to the provisions of this Part, the Commission may do anything which it considers-

(a) is necessary or appropriate for, or for facilitating, the discharge of its functions, or

(b) is incidental or conducive to the discharge of its functions.

    (2) In particular, the Commission shall have power-

(a) to enter into any contract,

(b) to make grants (either without conditions or with conditions, including conditions as to repayment),

(c) to make loans,

(d) to invest money,

(e) to promote or assist in the promotion of publicity relating to its functions,

(f) to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and

(g) to give the Lord Chancellor any advice which it may consider appropriate in relation to matters concerning any of its functions.

    (3) Subsections (1) and (2) do not confer on the Commission power to borrow money or to acquire or hold shares in bodies corporate.

    (4) The Commission-

(a) may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of specified functions, and

(b) shall make such arrangements for the delegation of functions as may be prescribed.

Directions and guidance.     4. - (1) The Lord Chancellor may give directions to the Commission requiring it to discharge its functions in any manner specified in the directions.

    (2) The Lord Chancellor may give guidance to the Commission about the discharge of its functions which the Commission shall take into account.

    (3) Directions and guidance under this section shall not be given in relation to individual cases.

    (4) The Lord Chancellor shall publish any directions and guidance under this section.

    (5) Directions under this section may be varied or revoked.

The Community Legal Service

The Community Legal Service.     5. - (1) The Commission shall establish, maintain and develop a service known as the Community Legal Service with a view to there being available to members of the public services consisting of-

(a) the provision of general information about the law and legal system and the availability of legal services,

(b) the provision of help by the giving of advice as to how the law applies in particular circumstances,

(c) the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,

(d) the provision of help in enforcing decisions by which such disputes are resolved, and

(e) the provision of help in relation to legal proceedings not relating to disputes.

    (2) The services specified in subsection (1) do not include any which the Commission can fund as part of the Criminal Defence Service.

    (3) The Commission shall fund services of the descriptions specified in subsection (1) as part of the Community Legal Service in accordance with the following sections.

    (4) The Commission shall also inform itself about the demand for services of the descriptions specified in subsection (1) and the provision of such services and quality of the services provided and, in co-operation with such authorities and other bodies and persons as it considers appropriate-

(a) plan what can be done towards meeting that demand by the performance by the Commission of its functions, and

(b) facilitate the planning by other authorities, bodies and persons of what can be done by them to meet that demand by the use of any resources available to them.

    (5) The Commission may set and monitor standards in relation to services of the descriptions specified in subsection (1), in particular by accrediting, or authorising others to accredit, persons or bodies providing such services.

Funding of services.     6. - (1) The Commission shall establish and maintain a fund known as the Community Legal Service Fund from which it shall fund services as part of the Community Legal Service.

    (2) The Lord Chancellor-

(a) shall pay to the Commission the sums which he determines are appropriate for the funding of services by the Commission as part of the Community Legal Service, and

(b) may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.

    (3) The Commission shall pay into the Community Legal Service Fund-

(a) sums received from the Lord Chancellor under subsection (2), and

(b) sums received by the Commission by virtue of regulations under section 10 or 11.

    (4) Directions given by the Lord Chancellor under section 4 may impose requirements on the Commission as to the descriptions of services to be funded from any specified amount paid into the Community Legal Service Fund.

    (5) In funding services as part of the Community Legal Services the Commission shall aim to obtain the best possible value for money.

Services which may be funded.     7. - (1) The Commission shall set priorities in its funding of services as part of the Community Legal Service and the priorities shall be set in accordance with any directions given by the Lord Chancellor under section 4.

    (2) Subject to that (and to subsection (5)), the services which the Commission may fund as part of the Community Legal Service are those which the Commission considers appropriate.

    (3) The Commission may fund services as part of the Community Legal Service by-

(a) entering into contracts with persons or bodies for the provision of services by them,

(b) making payments to persons or bodies in respect of the provision of services by them,

(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,

(d) establishing and maintaining bodies to provide, or facilitate the provision of, services,

(e) making grants or loans to individuals (or groups of individuals) to enable them to obtain services,

(f) itself providing services, or

(g) doing anything else which it considers appropriate for funding services.

    (4) The Commission may fund as part of the Community Legal Service different descriptions of services or services provided by different means-

(a) in different areas in England and Wales, and

(b) in relation to different descriptions of cases.

    (5) The Commission may not fund as part of the Community Legal Service any of the services specified in Schedule 2.

    (6) Regulations may amend that Schedule by adding new services or omitting or varying any services.

    (7) The Lord Chancellor may give directions under section 4 requiring or authorising the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified by the directions.

Individuals for whom services may be funded.     8. - (1) The Commission may only fund services for an individual as part of the Community Legal Service if his financial resources are such that, under regulations, he is an individual for whom they may be so funded.

    (2) Regulations may provide that, in prescribed circumstances and subject to any prescribed conditions, services of a prescribed description may be so funded for individuals without reference to their financial resources.

    (3) Regulations under this section may include provision requiring the furnishing of information.

© Parliamentary copyright 1998
Prepared 3 December 1998

Access to Justice Bill [H.L.]

	A B I L L INTITULED An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals (including cases stated) and applications for habeas corpus and the reporting of court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	PART I
	THE LEGAL SERVICES COMMISSION
	The Commission
The Legal Services Commission.	1. - (1) There shall be a body known as the Legal Services Commission (in this Part referred to as "the Commission").
	(2) The Commission shall have the functions relating to-
	(a) the Community Legal Service, and
	(b) the Criminal Defence Service,
	which are conferred or imposed on it by the provisions of this Act or any other enactment.
	(3) The Commission shall consist of-
	(a) not fewer than seven members, and
	(b) not more than twelve members;
	but the Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.
	(4) The members of the Commission shall be appointed by the Lord Chancellor; and the Lord Chancellor shall appoint one of the members to chair the Commission.
	(5) In appointing persons to be members of the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes persons with experience in or knowledge of-
	(a) the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,
	(b) the work of the courts,
	(c) social conditions, and
	(d) management.
	(6) Schedule 1 (which makes further provision about the Commission) has effect.
Power to replace Commission with two bodies.	2. - (1) The Lord Chancellor may by order establish in place of the Commission two bodies-
	(a) one to have functions relating to the Community Legal Service, and
	(b) the other to have functions relating to the Criminal Defence Service.
	(2) The order may make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to the Lord Chancellor to be appropriate.
	(3) The order shall include amendments of-
	(a) any provisions of, or amended by, this Part which refer to the Commission, and
	(b) any other enactments which so refer,
	to replace references to the Commission with references to either or both of the bodies established by the order.
Powers of Commission.	3. - (1) Subject to the provisions of this Part, the Commission may do anything which it considers-
	(a) is necessary or appropriate for, or for facilitating, the discharge of its functions, or
	(b) is incidental or conducive to the discharge of its functions.
	(2) In particular, the Commission shall have power-
	(a) to enter into any contract,
	(b) to make grants (either without conditions or with conditions, including conditions as to repayment),
	(c) to make loans,
	(d) to invest money,
	(e) to promote or assist in the promotion of publicity relating to its functions,
	(f) to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and
	(g) to give the Lord Chancellor any advice which it may consider appropriate in relation to matters concerning any of its functions.
	(3) Subsections (1) and (2) do not confer on the Commission power to borrow money or to acquire or hold shares in bodies corporate.
	(4) The Commission-
	(a) may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of specified functions, and
	(b) shall make such arrangements for the delegation of functions as may be prescribed.
Directions and guidance.	4. - (1) The Lord Chancellor may give directions to the Commission requiring it to discharge its functions in any manner specified in the directions.
	(2) The Lord Chancellor may give guidance to the Commission about the discharge of its functions which the Commission shall take into account.
	(3) Directions and guidance under this section shall not be given in relation to individual cases.
	(4) The Lord Chancellor shall publish any directions and guidance under this section.
	(5) Directions under this section may be varied or revoked.
	The Community Legal Service
The Community Legal Service.	5. - (1) The Commission shall establish, maintain and develop a service known as the Community Legal Service with a view to there being available to members of the public services consisting of-
	(a) the provision of general information about the law and legal system and the availability of legal services,
	(b) the provision of help by the giving of advice as to how the law applies in particular circumstances,
	(c) the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,
	(d) the provision of help in enforcing decisions by which such disputes are resolved, and
	(e) the provision of help in relation to legal proceedings not relating to disputes.
	(2) The services specified in subsection (1) do not include any which the Commission can fund as part of the Criminal Defence Service.
	(3) The Commission shall fund services of the descriptions specified in subsection (1) as part of the Community Legal Service in accordance with the following sections.
	(4) The Commission shall also inform itself about the demand for services of the descriptions specified in subsection (1) and the provision of such services and quality of the services provided and, in co-operation with such authorities and other bodies and persons as it considers appropriate-
	(a) plan what can be done towards meeting that demand by the performance by the Commission of its functions, and
	(b) facilitate the planning by other authorities, bodies and persons of what can be done by them to meet that demand by the use of any resources available to them.
	(5) The Commission may set and monitor standards in relation to services of the descriptions specified in subsection (1), in particular by accrediting, or authorising others to accredit, persons or bodies providing such services.
Funding of services.	6. - (1) The Commission shall establish and maintain a fund known as the Community Legal Service Fund from which it shall fund services as part of the Community Legal Service.
	(2) The Lord Chancellor-
	(a) shall pay to the Commission the sums which he determines are appropriate for the funding of services by the Commission as part of the Community Legal Service, and
	(b) may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.
	(3) The Commission shall pay into the Community Legal Service Fund-
	(a) sums received from the Lord Chancellor under subsection (2), and
	(b) sums received by the Commission by virtue of regulations under section 10 or 11.
	(4) Directions given by the Lord Chancellor under section 4 may impose requirements on the Commission as to the descriptions of services to be funded from any specified amount paid into the Community Legal Service Fund.
	(5) In funding services as part of the Community Legal Services the Commission shall aim to obtain the best possible value for money.
Services which may be funded.	7. - (1) The Commission shall set priorities in its funding of services as part of the Community Legal Service and the priorities shall be set in accordance with any directions given by the Lord Chancellor under section 4.
	(2) Subject to that (and to subsection (5)), the services which the Commission may fund as part of the Community Legal Service are those which the Commission considers appropriate.
	(3) The Commission may fund services as part of the Community Legal Service by-
	(a) entering into contracts with persons or bodies for the provision of services by them,
	(b) making payments to persons or bodies in respect of the provision of services by them,
	(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,
	(d) establishing and maintaining bodies to provide, or facilitate the provision of, services,
	(e) making grants or loans to individuals (or groups of individuals) to enable them to obtain services,
	(f) itself providing services, or
	(g) doing anything else which it considers appropriate for funding services.
	(4) The Commission may fund as part of the Community Legal Service different descriptions of services or services provided by different means-
	(a) in different areas in England and Wales, and
	(b) in relation to different descriptions of cases.
	(5) The Commission may not fund as part of the Community Legal Service any of the services specified in Schedule 2.
	(6) Regulations may amend that Schedule by adding new services or omitting or varying any services.
	(7) The Lord Chancellor may give directions under section 4 requiring or authorising the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified by the directions.
Individuals for whom services may be funded.	8. - (1) The Commission may only fund services for an individual as part of the Community Legal Service if his financial resources are such that, under regulations, he is an individual for whom they may be so funded.
	(2) Regulations may provide that, in prescribed circumstances and subject to any prescribed conditions, services of a prescribed description may be so funded for individuals without reference to their financial resources.
	(3) Regulations under this section may include provision requiring the furnishing of information.