House of Lords Amendments - Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 32
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
	Page 19, line 29, leave out ("right of audience or")
	Schedule 5
	BY THE LORD LLOYD OF BERWICK
	Page 63, line 10, at end insert-- ("(2) Every person exercising functions in connection with that Schedule shall act compatibly with the principle that a strong, independent and self-regulating legal profession should be preserved.""
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
	Page 63, line 19, leave out from ("writing") to first ("to") in line 20 and insert ("(a) for him")
	Page 63, line 24, leave out ("to approve") and insert ("for approval of")
	Page 63, line 45, leave out ("may") and insert ("shall")
	Page 64, line 8, leave out ("may") and insert ("shall")
	Page 64, leave out lines 35 and 36
	Page 64, line 42, leave out from beginning to ("decide") in line 44 and insert-- ("the Lord Chancellor and the designated judges shall (acting, in the event of disagreement, by majority,")
	Page 64, line 45, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor")
	Page 65, line 2, leave out ("his") and insert ("the")
	Page 65, line 16, at end insert ("and the designated judges (acting, in the event of disagreement, by majority.")
	Page 65, line 23, leave out from ("unless") to end of line 24 and insert ("so approved.").
	Page 65, line 28, leave out ("to approve") and insert ("for approval of")
	Page 66, line 18, leave out from ("before") to end of line and insert ("the application is decided")
	Page 66, line 31, leave out ("may") and insert ("shall")
	Page 66, line 45, leave out ("may") and insert ("shall")
	Page 67, leave out lines 26 and 27
	Page 67, line 33, leave out from beginning to ("decide") in line 36 and insert-- ("the Lord Chancellor and the designated judges shall (acting, in the event of disagreement, by majority,")
	Page 67, line 37, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor")
	Page 67, line 40, leave out ("his") and insert ("the")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY
	Page 68, line 1, leave out from beginning to end of line 43 on page 69
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
	Page 68, line 4, leave out from ("that") to first ("body") in line 6 and insert ("the qualification regulations or rules of conduct of an authorised body unreasonably restrict rights to conduct litigation and that it would be appropriate for the purpose of removing rights of audience or restrictions for him to make alterations to such regulations or rules of that")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
	Page 70, line 12, leave out ("is") and insert ("and the designated judges are (or, in the event of disagreement, a majority are)")
	Page 70, line 13, leave out from ("when") to ("are") and insert ("the question whether a recommendation shall be made is under consideration")
	Page 70, line 33, leave out ("may") and insert ("shall")
	Page 70, line 42, leave out ("may") and insert ("shall")
	Page 72, leave out lines 1 and 2
	Page 72, line 4, leave out from ("whether") to ("shall") in line 5 and insert ("the Lord Chancellor shall make the recommendation, he and the designated judges")
	Page 72, line 6, leave out from ("30") to ("; and") in line 7
	Page 72, line 8, leave out ("he") and insert ("the Lord Chancellor")
	Page 72, line 27, at end insert ("; and ( ) if the body applies to him in writing, notify it of the reasons for making the Order."")
	Clause 36
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
	Page 20, line 40, at end insert-- ("(2B) An act-- (a) which is intended by the person committing it to bring about a breach of the duty imposed by subsection (2A)(a); or (b) which the person committing it ought reasonably to appreciate is likely to bring about such a breach, shall be punishable as a contempt of the court concerned."")
	Page 21, line 10 at end insert-- ("(2B) An act-- (a) which is intended by the person committing it to bring about a breach of the duty imposed by subsection (2A)(a); or (b) which the person committing it ought reasonably to appreciate is likely to bring about such a breach, shall be punishable as a contempt of the court concerned."")
	Clause 38
	BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY
	Page 21, line 16, after ("that") insert (", except in cases relating to the civil rights and safety of the person,")
	Page 21, line 31, at end insert ("provided that any application for permission which is refused by a county court or the High Court may be renewed before the Court of Appeal")
	Clause 39
	BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY
	Page 22, line 8, at end insert-- ("provided that the appellant retains the right to invite the Court of Appeal to decide on whether (a) or (b) in this section applies to the particular case.")
	After Clause 48
	BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY
	Insert the following new Clause--
	("Alteration of listing
	. Where a civil court has allocated a fixed time and date for a hearing or trial, but fails in the event to honour that commitment, without giving reasonable prior notice to the parties, the Court Service shall compensate the parties for any time and costs which have been wasted.")		Compensation for unreasonable alteration in time and date of hearing.
	Clause 49
	BY THE LORD GISBOROUGH
	Page 25, leave out lines 29 and 30
	Clause 50
	BY THE LORD GISBOROUGH
	The Lord Gisborough gives notice is his intention to oppose the Question that Clause 50 stand part of the Bill.
	Clause 51
	BY THE LORD GISBOROUGH
	The Lord Gisborough gives notice of his intention to oppose the Question that Clause 51 stand part of the Bill.
	Schedule 7
	BY THE LORD GISBOROUGH
	The Lord Gisborough gives notice of his intention to oppose the Question that Schedule 7 be the Seventh Schedule to the Bill.
	Clause 55
	BY THE LORD GISBOROUGH
	Page 30, line 44, at end insert ("; and ( ) such functions relating to matters of an administrative character of a non judicial character as they may be authorised to undertake.")
	Clause 60
	BY THE LORD GISBOROUGH
	Page 36, leave out lines 7 to 10
	Page 36, line 41, at beginning insert ("not")
	Page 36, line 42, after ("their") insert ("judicial or legal")
	Page 36, line 43, after ("any") insert ("such")
	Clause 61
	BY THE LORD GISBOROUGH
	Page 37, line 16, leave out subsections (2) to (4)
	Page 37, line 25, after ("functions") insert ("of a non-judicial and legal nature")
	Page 37, line 26, leave out ("an individual") and insert ("any")
	Page 37, line 27, after ("case") insert-- ("( ) any judicial or legal function,")
	Schedule 11
	BY THE LORD THOMAS OF GRESFORD
	Page 104, leave out lines 40 and 41
	Page 105, leave out line 18



© Parliamentary copyright 1999	Prepared 18 January 1999