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Amendments to the Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Access to Justice Bill [H.L.] to be moved in Committee in the House of Lords.

  
Before Clause 1		 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Insert the following new Clause-- 
     (".  The purpose of this Part is to promote equal access to justice for all citizens.")Equal access
to justice.
  
BY THE LORD CLINTON-DAVIS		 
     Insert the following new Clause-- 
 ("Principles to be applied 
     .--(1)  Every person exercising functions in connection with this Part must act, so far as possible, in a way which is compatible with the objectives set out in subsection (2).
 
    (2)  The objectives are--
    (a)  that persons have access to legal services and the machinery of justice which they would otherwise be unable to obtain on account of their means;
    (b)  that such access be enjoyed without discrimination on any ground;
    (c)  that legal services and facilities be available such that disputes may be resolved, and proceedings determined, expeditiously, fairly and with the parties placed on an equal footing.")
Principles applicable to Part I.
  
Clause 1		 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 2, line 3, at end insert--
 
    ("(  )  Prior to making any appoinment under subsection (4), the Lord Chancellor shall consult professional bodies and representatives of consumer interests.")		 
  
Schedule 1		 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD		 
     Page 52, leave out lines 28 to 33 and insert--
 
    ("(  ) The Commission shall publish the report and the Lord Chancellor shall lay a copy before each House of Parliament.")		 
  
Clause 2		 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 2, line 36, at end insert ("which powers shall include, but shall not be limited to, loans to assist barristers and solicitors to alleviate the hardship caused by section 7(5), in such circumstances as the Lord Chancellor shall direct,") 
  
Clause 4		 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 3, line 9, leave out subsection (1) 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 3, line 9, after ("may") insert (", after consultation with the professional bodies and representatives of consumer interests,") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 3, line 14, leave out ("Directions and") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 3, line 14, leave out ("shall not") and insert ("may") 
  
Clause 5		 
  
BY THE LORD ARCHER OF SANDWELL		 
     Page 3, line 27, after ("help") insert ("and representation") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 3, line 38, after second ("the") insert ("current and probable future") 
  
BY THE LORD CHANCELLOR		 
     Page 3, line 38, leave out ("demand") and insert ("need") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 3, line 38, after ("demand") insert ("and unmet need") 
     Page 3, line 42, leave out ("that demand") and insert ("those demands and unmet needs") 
  
BY THE LORD CHANCELLOR		 
     Page 3, line 42, leave out ("demand") and insert ("need") 
     Page 4, line 2, leave out ("demand") and insert ("need") 
  
BY THE LORD ARCHER OF SANDWELL		 
     Page 4, line 3, at end insert (", and
    (c)  where appropriate, co-operate with such other authorities, bodies and persons in providing services of the descriptions specified in subsection (1).")
 
  
Clause 6		 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 4, line 12, leave out ("appropriate") and insert ("necessary") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 4, line 12, after ("appropriate") insert (", having regard to the information gathered under section 5(4),") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 4, line 15, leave out ("and may impose conditions on the payment of the sums") 
  
BY THE LORD ARCHER OF SANDWELL		 
     Page 4, line 20, at end insert--
    ("(  ) Every local authority in England and Wales shall secure the provision of such services of the descriptions specified in section 5(1) as the Lord Chancellor may by regulations specify.")
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 4, line 21, leave out from beginning to ("impose") and insert ("The Lord Chancellor may by order") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART		 
     Page 4, line 25, leave out subsection (5) 
  
Clause 7		 
  
BY THE LORD ARCHER OF SANDWELL		 
     Page 4, line 27, after ("shall") insert ("have particular regard to the priorities set out in subsections (1A) and (1B).
 
    (1A)  Subject to subsection (5), the Commission shall afford priority to advice and representation in cases concerning--
    (a)  entitlement to welfare benefits;
    (b)  any dispute arising out of or in connection with a contract of employment;
    (c)  homelessness, access to housing, possession proceedings, housing disregard, harassment or unlawful eviction;
    (d)  the enforcement of judgment debts;
    (e)  immigration, asylum or nationality; or
    (f)  such other matters as are specified in regulations.
    (1B)  Subject to subsection (5), the Commission shall afford priority for advice, assistance and representation in cases--
    (a)  likely to give rise to substantial benefits for a significant number of people other than the parties;
    (b)  which raise an important issue of law or point of principle;
    (c)  concerned with protection from violence;
    (d)  relating to the welfare of children;
    (e)  concerning the welfare of a person under a disability;
    (f)  relating to the care of a child; or
    (g)  concerning the provision of a child's education, including admission and exclusion proceedings.
    (1C)  Subject to subsections (1) and (1A), the Commission shall")		 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 4, line 27, after ("set") insert (", and may from time to time vary,") 
     Page 4, line 28, leave out from ("Service") to end of line 30 
     Page 4, line 30, at end insert (", having regard to the information gathered under section 5(4)") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART		 
     Page 4, line 30, at end insert--
 
    ("(  )  In funding services as part of the Community Legal Service, the Commission shall aim to obtain the best long term value for money on the basis that all persons and bodies applying for funding who meet the standards set by the Commission shall be able to provide services for individuals under this Part of this Act on terms as to remuneration and otherwise set by the Commission after consultation with the applicants which are broadly fair.")		 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 5, line 14, after ("2") insert ("or (Community Legal Service)") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY		 
     Page 5, line 14, at end insert--
 
    ("(8)  A decision of the Commission to set or vary any priorities under subsection (1) shall not have effect unless approved by order made by the Lord Chancellor.")		 
  
After Schedule 2		 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 COMMUNITY LEGAL SERVICE 
     .  The Community Legal Service shall fund the following categories of case involving personal injuries--
    (a)  cases for vulnerable clients (children and patients);
    (b)  cases where overall costs are likely to exceed £25,000;
    (c)  cases where the costs of investigation are likely to exceed £3,000;
    (d)  cases involving novel points of law;
    (e)  test cases;
    (f)  cases involving the wider public interest;
    (g)  multi-party actions;
    (h)  pharmaceutical claims;
    (i)  industrial disease cases;
    (j)  product liability cases;
    (k)  environmental cases;
    (l)  claims to the CICA or MIB (untraced drivers) or other similar bodies;
    (m)  cases involving two or more experts on liability or causation;
    (n)  complex cases where the damages are very substantial; and
    (o)  cases where adequate insurance is not available after the event to the client at an affordable price.")
 
  
Schedule 2		 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 53, line 37, at end insert ("or in those cases specified in Schedule (Community Legal Service),") 
  
BY THE LORD ARCHER OF SANDWELL		 
     Page 54, line 30, after ("Tribunals") insert--
    ("(  )  proceedings before an Adjudicator, Special Adjudicator or the Immigration Appeals Tribunal,")
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND		 
     Page 54, line 32, at end insert--
    ("(i) proceedings in coroners' inquests into death, and
    (j) public and judicial inquiries")
 
  
BY THE LORD ARCHER OF SANDWELL		 
     Page 55, line 5, at end insert (", and
    (  )  proceedings on a complaint under the Environmental Protection Act 1990.")
 
 
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