Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords - continued |
House of Lords |
back to previous amendments |
After Clause 5 | |||
BY THE LORD KINGSLAND | |||
56* | Insert the following new Clause-- | ||
(" . Nothing in this Act shall prevent there continuing to exist an independent solicitors' profession and an independent Bar.") | Independence of solicitors and barristers. | ||
Clause 6 | |||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
57 | Page 4, line 12, leave out ("appropriate") and insert ("necessary") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
58 | Page 4, line 12, after ("appropriate") insert (", having regard to the information gathered under section 5(4),") | ||
BY THE LORD KINGSLAND | |||
59* | Page 4, line 12, after first ("the") insert ("work of the Commission and the") | ||
BY THE LORD SIMON OF GLAISDALE | |||
60* | Page 4, line 13, leave out from ("Service") to end of line 16 | ||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
61 | Page 4, line 15, leave out ("and may impose conditions on the payment of the sums") | ||
BY THE LORD ARCHER OF SANDWELL | |||
62 |
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 SIMON OF GLAISDALE | |||
63* | Page 4, line 21, leave out subsection (4) | ||
BY THE LORD ARCHER OF SANDWELL THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
64 | Page 4, line 21, leave out ("Directions given") and insert ("Regulations made") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
65 | Page 4, line 21, leave out from beginning to ("impose") and insert ("The Lord Chancellor may by order") | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
66 | Page 4, line 24, at end insert-- | ||
("( ) Where, in an individual case funded as part of the Community Legal Service, particular services are provided by a person offering specialist advice and assistance on a referral basis or specialist advocacy, regulations shall require that person's remuneration to be quantified and paid separately from other items in the case.") | |||
BY THE LORD PHILLIPS OF SUDBURY THE LORD GOODHART THE LORD SIMON OF GLAISDALE | |||
67 | Page 4, line 25, leave out subsection (5) | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
68 | Page 4, line 26, after ("obtain") insert ("good quality services for those using them and, subject to that,") | ||
BY THE LORD PHILLIPS OF SUDBURY THE LORD GOODHART THE LORD KINGSLAND THE LORD LLOYD OF BERWICK | |||
69 | Page 4, line 26, at end insert ("consistent with the interests of justice") | ||
Clause 7 | |||
BY THE LORD SIMON OF GLAISDALE | |||
70* | Page 4, line 27, leave out subsection (1) | ||
BY THE LORD ARCHER OF SANDWELL | |||
71 |
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--
| ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
72 | Page 4, line 27, after ("set") insert (", and may from time to time vary,") | ||
73 | Page 4, line 28, leave out from ("Service") to end of line 30 | ||
BY THE LORD ARCHER OF SANDWELL | |||
74 | Page 4, line 29, leave out ("directions given by the Lord Chancellor") and insert ("regulations") | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
75 | Page 4, line 29, leave out ("directions given by the Lord Chancellor") and insert ("requirement made in regulations") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
76 | 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 | |||
77 |
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 SIMON OF GLAISDALE | |||
78* | Page 4, line 31, leave out subsection (2) | ||
BY THE LORD KINGSLAND | |||
79 | Page 4, line 40, leave out ("or loans") | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
80 | Page 4, line 40, after ("bodies") insert ("(which may include non-profit-making bodies maintaining a contingency legal aid fund or similar arrangement)") | ||
BY THE LORD KINGSLAND | |||
81* |
Page 5, line 3, at end insert (", or
| ||
BY THE LORD SIMON OF GLAISDALE | |||
82* | Page 5, line 4, leave out subsection (4) | ||
BY THE LORD CLINTON-DAVIS | |||
83* | Page 5, line 4, after ("may") insert (", after considering the advice given by the consumers' committees,") | ||
BY THE LORD MACKAY OF CLASHFERN | |||
84 | Page 5, line 6, leave out ("areas") and insert ("communities") | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
85 |
Page 5, line 7, at end insert-- ("provided that the Commission shall not make different provision for representation in any description of case in different areas of England and Wales.") | ||
BY THE LORD ARCHER OF SANDWELL | |||
86 | Page 5, line 10, at beginning insert ("Subject to subsection (6A) below,") | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
87 | Page 5, line 10, after ("may") insert ("(except as provided by subsection (6A) below)") | ||
BY THE LORD ARCHER OF SANDWELL | |||
88 |
Page 5, line 11, at end insert-- ("(6A) No amendment may be made by regulations under subsection (6) adding to that Schedule services consisting of the provision of help in bringing or defending any proceedings for negligence where the alleged damage is to the person unless the Lord Chancellor, before laying a draft of the regulations before Parliament--
| ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
89 |
Page 5, line 11, at end insert-- ("(6A) No amendment may be made by regulations under subsection (6) adding to that Schedule services consisting of the provision of help in bringing any proceedings where the alleged damage is to the person.") | ||
BY THE LORD SIMON OF GLAISDALE | |||
90* | Page 5, line 12, leave out subsection (7) | ||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
91 | Page 5, line 14, after ("2") insert ("or (Community Legal Service)") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
92 |
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.") | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
93 |
Page 5, line 14, at end insert-- ("(8) The Commission shall keep under review whether, in relation to each category of case for which it funds services as part of the Community Legal Service, the interests of justice require particular kinds of services to be provided by way of specialist advice or assistance offered on a referral basis or specialist advocacy; and if so, shall ensure that the arrangements made for providing, or facilitating the provision of, funded services for that category of case include appropriate provision.") | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
94 |
Page 5, line 14, at end insert-- ("( ) Where services are funded in accordance with subsection (3)(b), payment shall be made in accordance with regulations made by the Lord Chancellor after consultation with the Law Society and the General Council of the Bar, and in making such regulations the Lord Chancellor shall have regard to the principle of providing fair and reasonable remuneration.") | ||
After Clause 7 | |||
BY THE LORD KINGSLAND | |||
95 | Insert the following new Clause-- | ||
(".--(1) The objective of the Commission in entering into contracts shall be to provide the greatest possible choice of good quality legal services for those using the services of the Community Legal Service. (2) In entering into contracts the Commission shall--
| Contracts for provision of services. | ||
Schedule 2 | |||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
96 | Page 53, leave out lines 33 and 34 | ||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
97 | Page 53, leave out lines 36 and 37 | ||
BY THE LORD ARCHER OF SANDWELL THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
98 | Page 53, line 36, leave out from ("property") to end of line 37 | ||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
99 | Page 53, line 37, at end insert ("or in those cases specified in Schedule (Community Legal Service),") | ||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
100 |
Page 54, line 28, at end insert--
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101 |
Page 54, line 28, at end insert--
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102 |
Page 54, line 28, at end insert-- ("( ) proceedings before the Discretionary Lifer Panels,") | ||
BY THE LORD ARCHER OF SANDWELL | |||
103 |
Page 54, line 30, after ("Tribunals") insert--
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BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
104 |
Page 54, line 32, at end insert ("and
| ||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
105 |
Page 54, line 32, at end insert--
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BY THE LORD ARCHER OF SANDWELL | |||
106 |
Page 55, line 5, at end insert (", and
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© Parliamentary copyright 1999 | Prepared 19 January 1999 |