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| Code about provision of funded services. |
9. - (1) The Commission shall prepare a code setting out the criteria according to which it is to decide whether to fund (or continue to fund) services as part of the Community Legal Service for an individual for whom they may be so funded and, if so, what services are to be funded for him.
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(2) In settling the criteria to be set out in the code the Commission shall consider the extent to which they ought to reflect the following factors-
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(a) the likely cost of funding the services and the benefit which may be obtained by their being provided, |
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(b) the availability of sums in the Community Legal Service Fund for funding the services and (having regard to present and likely future demands on that Fund) the appropriateness of applying them to fund the services, |
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(c) the importance of the matters in relation to which the services would be provided to the individual, |
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(d) the availability to the individual of services not funded by the Commission as part of the Community Legal Service and the likelihood of his being able to avail himself of them, |
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(e) if the services are sought by the individual in relation to a dispute, the prospects of his success in the dispute, |
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(f) the conduct of the individual, |
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(g) the public interest, and |
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(h) such other factors as the Lord Chancellor may require the Commission to consider by directions given by him under section 4. |
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(3) The criteria set out in the code shall reflect the principle that in many family disputes mediation will be more appropriate than court proceedings.
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(4) The code shall seek to secure that, where more than one description of service is available, the service funded is that which (in all the circumstances) is the most appropriate having regard to the criteria set out in the code.
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(5) The code shall also specify procedures for the making of decisions about the funding of services by the Commission as part of the Community Legal Service (including provision about the form and content of applications for funding, provision requiring the furnishing of information or imposing other conditions which must be satisfied by an individual applying for funding and provision establishing procedures for appeals against decisions about funding).
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(6) The code may make different provision for different purposes.
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(7) The Commission may from time to time prepare a revised version of the code and after preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.
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(8) The code, or revisions, shall not have effect unless approved by the Lord Chancellor.
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(9) The Lord Chancellor shall lay before each House of Parliament-
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(a) the code as first approved by him, and |
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(b) where he approves revisions which consist of or include changes in the criteria set out in the code, either a statement of those changes or the revised code (as the Lord Chancellor considers appropriate). |
| Terms of provision of funded services. |
10. - (1) An individual for whom services are funded by the Commission as part of the Community Legal Service shall not be required to make any payment in respect of the services except where regulations otherwise provide.
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(2) Regulations may provide that, in prescribed circumstances, an individual for whom services are so funded shall-
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(a) pay a fee of such amount as is fixed by or determined under the regulations, |
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(b) if his financial resources are, or conduct is, such as to make him liable to do so under the regulations, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as is so fixed or determined, or |
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(c) if the services relate to a dispute and he has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed, or determined in the manner agreed, by him. |
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(3) The regulations may include provision-
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(a) for any amount payable in accordance with the regulations to be payable by periodical payments or one or more capital sums, or both, and |
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(b) for capital sums to be payable in instalments. |
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(4) The regulations may also include provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of-
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(a) any loan made to him by the Commission as part of the Community Legal Service, |
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(b) any payment required to be made by him by the regulations in respect of the cost of services which is required to be made later than the time when the cost is incurred, or |
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(c) so much of any payment required by the regulations to be made by him which remains unpaid after the time when it is required to be paid. |
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(5) The regulations shall include provision for the repayment to an individual of any payment made by him in excess of his liability under the regulations.
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(6) The regulations may-
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(a) include provision requiring the furnishing of information, and |
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(b) make provision for the determination of the cost of services for the purposes of the regulations. |
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(7) Except so far as regulations otherwise provide, where services have been funded by the Commission for an individual as part of the Community Legal Service-
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(a) sums expended by the Commission in funding the services (except to the extent that they are recovered under section 11), and |
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(b) other sums payable by the individual by virtue of regulations under this section, |
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shall constitute a first charge on any property recovered or preserved by him (whether for himself or any other person) in any proceedings or dispute in connection with which the services were provided.
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(8) For the purposes of subsection (7) it is immaterial what the nature of the property is and where it is situated; and the property within the charge includes-
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(a) any to which the individual is entitled under any compromise or settlement of the dispute, and |
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(b) any sums recovered by virtue of an order for costs made in his favour in proceedings relating to the dispute (and not required to be paid to the Commission, or the person or body by which services were provided, by regulations under section 11). |
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(9) Regulations may make provision about the charge, including provision as to whether it is in favour of the Commission or the body or person by whom the services were provided and provision about its enforcement.
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| Costs in funded cases. |
11. - (1) Regulations may make provision about costs in cases in which services have been funded by the Commission for any of the parties as part of the Community Legal Service.
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(2) The regulations may, in particular, make provision-
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(a) limiting the amount of costs which may be awarded against a party for whom the services were funded, |
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(b) limiting the circumstances in which, or extent to which, an order for costs may be enforced against such a party, |
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(c) requiring the payment by the Commission of the whole or part of any costs awarded against such a party, |
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(d) as to the cases in which, and extent to which, such a party may be required to give security for costs and the manner in which it is to be given, |
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(e) specifying the principles to be applied in determining the amount of any costs which may be awarded to such a party, |
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(f) requiring the payment to the Commission, or the person or body by which the services were provided, of the whole or part of any sum awarded by way of costs to such a party, and |
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(g) as to the court, tribunal or other person or body by whom the amount of any costs is to be determined and the extent to which any determination of that amount is to be final. |
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The Criminal Defence Service |
| The Criminal Defence Service. |
12. - (1) The Commission shall establish, maintain and develop a service known as the Criminal Defence Service for the purpose of protecting the interests of individuals involved in criminal investigations or criminal proceedings.
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(2) In this Part "criminal investigations" includes (as well as investigations relating to an offence) such other investigations relating to an individual who has been convicted of an offence as may be prescribed.
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(3) In this Part "criminal proceedings" means-
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(a) proceedings for dealing with an individual accused of an offence, |
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(b) proceedings for dealing with an offender for an offence or in respect of a sentence or for dealing with an offender under section 6 of, or paragraph 6 of Schedule 1 to, the Extradition Act 1989, |
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(c) proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the Magistrates' Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section, |
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(d) proceedings for the variation and discharge of supervision orders under section 15 of the Children and Young Persons Act 1969 and for appeals in such proceedings under section 16(8) of that Act, |
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(e) proceedings for contempt in the face of a court, and |
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(f) such other proceedings as may be prescribed. |
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(4) Sections 13 and 14 specify the services which the Commission must fund as part of the Criminal Defence Service and make provision about the ways in which they may fund them.
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(5) The Commission may accredit, or authorise others to accredit, persons or bodies providing services which may be funded by the Commission as part of the Criminal Defence Service.
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| Advice and assistance. |
13. - (1) The Commission shall fund such advice and assistance as it considers appropriate-
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(a) for individuals who are arrested and held in custody at a police station or other premises, and |
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(b) for individuals in such other circumstances as the Lord Chancellor may prescribe. |
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(2) The Commission may comply with the duty imposed by subsection (1) by-
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(a) entering into contracts with persons or bodies for the provision of advice or assistance by them, |
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(b) making payments to persons or bodies in respect of the provision of advice or assistance by them, |
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(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, advice or assistance, |
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(d) establishing and maintaining bodies to provide, or facilitate the provision of, advice or assistance, |
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(e) making grants or loans to individuals to enable them to obtain advice or assistance, |
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(f) itself providing advice or assistance, or |
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(g) doing anything else which it considers appropriate for funding advice and assistance. |
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(3) The Commission may fund advice and assistance by different means-
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(a) in different areas in England and Wales, and |
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(b) in relation to different descriptions of cases. |
