Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords - continued |
House of Lords |
back to previous amendments |
After Schedule 2 | |||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
107 | Insert the following new Schedule-- | ||
("SCHEDULE | |||
Community Legal Service | |||
. The Community Legal Service shall fund the following categories of case involving personal injuries--
| |||
Clause 8 | |||
BY THE LORD ARCHER OF SANDWELL | |||
108 | Page 5, line 15, at beginning insert ("Subject to subsection (4),") | ||
BY THE LORD KINGSLAND | |||
109 | Page 5, line 15, leave out ("only") | ||
110 | Page 5, line 17, at end insert ("and may also fund services for others as appropriate") | ||
BY THE LORD SIMON OF GLAISDALE | |||
111* | Page 5, line 21, leave out subsection (3) | ||
BY THE LORD ARCHER OF SANDWELL | |||
112 |
Page 5, line 22, at end insert-- ("(4) Nothing in the regulations shall preclude the provision of an initial free interview of a diagnostic nature lasting no longer than one hour.") | ||
Clause 9 | |||
BY THE LORD KINGSLAND | |||
113 | Page 5, line 23, after ("code") insert ("following consultation with interested parties as appropriate") | ||
BY THE LORD SIMON OF GLAISDALE | |||
114* | Page 5, line 27, leave out subsection (2) | ||
BY THE LORD KINGSLAND | |||
115 | Page 5, leave out lines 31 to 34 | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
116 | Page 5, leave out line 42 | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
117 | Page 6, line 1, after ("may") insert ("by order") | ||
118 | Page 6, line 2, leave out ("by directions given by him under section 4") | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
119 | Page 6, line 5, at end insert (", provided that assistance for representation shall not be refused on the grounds that mediation is more appropriate unless the circumstances are such that a privately paying individual would be likely to opt for mediation.") | ||
BY THE LORD SIMON OF GLAISDALE | |||
120* | Page 6, line 6, leave out subsection (4) | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
121 | Page 6, line 8, after ("circumstances") insert ("and subject to sections 7(8) and (Advice and assistance in cases funded by Community Legal Service))") | ||
BY THE LORD KINGSLAND | |||
122 | Page 6, line 16, at end insert ("and procedures for informing the individual applying for funding about the decision, the reasons for that decision, and where funding has been refused what help should be given to that individual to find alternative ways of resolving the dispute.") | ||
BY THE LORD SIMON OF GLAISDALE | |||
123* | Page 6, line 17, leave out subsection (6) | ||
BY THE LORD KINGSLAND | |||
124 | Page 6, line 19, after first ("code") insert ("following consultation with interested parties as appropriate") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
125 | Page 6, line 21, after ("by") insert ("order made by") | ||
BY THE LORD SIMON OF GLAISDALE | |||
126* | Page 6, line 21, leave out ("the Lord Chancellor") and insert ("each House of Parliament") | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
127 | Page 6, line 22, at end insert ("by order") | ||
BY THE LORD KINGSLAND | |||
128* | Page 6, line 22, at end insert ("and contained in a statutory instrument laid in draft before, and subject to approval by resolution of, each House of Parliament") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK | |||
129 | Page 6, line 23, leave out subsection (9) | ||
Clause 10 | |||
BY THE LORD ARCHER OF SANDWELL | |||
130 | Page 6, line 33, after ("individual") insert (", other than a person who is in receipt of any means-tested benefit,") | ||
BY THE LORD SIMON OF GLAISDALE | |||
131* | Page 6, line 36, leave out (", or conduct is,") | ||
BY THE LORD KINGSLAND | |||
132* | Page 6, line 39, leave out from ("determined") to end of line 43 | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY THE LORD KINGSLAND | |||
133 |
Page 7, line 1, at end insert-- ("( ) The regulations shall not require any payment from a person whose capital resources are such that they would be eligible for income support.") | ||
BY THE LORD SIMON OF GLAISDALE | |||
134* | Page 7, line 16, leave out from ("information") to end of line 18 | ||
135* | Page 7, line 19, leave out ("Except so far as regulations otherwise provide,") | ||
136* | Page 7, line 23, leave out from ("11)") to end of line 25 | ||
137* | Page 7, leave out lines 32 and 33 | ||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
138 |
Page 7, line 40, at end insert-- ("( ) The regulations shall provide that in any proceedings where a costs order is made in favour of any individual who has agreed to make a payment under subsection (2)(c), the costs payable to him shall include costs in respect of any payment he has agreed to make.") | ||
Clause 11 | |||
BY THE LORD CHANCELLOR | |||
139 |
Page 7, line 41, at beginning insert ("Where services relating to a dispute have been funded by the Commission for an individual as part of the Community Legal Service, his liability under an order for costs made against him in proceedings relating to the dispute shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including--
(1A) Subject to that,") | ||
140 | Page 7, line 45, leave out ("limiting the amount of") and insert ("specifying the principles to be applied in determining the amount of any") | ||
BY THE LORD SIMON OF GLAISDALE | |||
141* |
Page 8, line 15, at end insert (", and
| ||
BY THE LORD MACKAY OF CLASHFERN | |||
The Lord Mackay of Clashfern gives notice of his intention to oppose the Question that Clause 11 stand part of the Bill. | |||
After Clause 11 | |||
BY THE LORD LESTER OF HERNE HILL THE LORD GOODHART | |||
142 | Insert the following new Clause-- | ||
("The Public Interest Litigation Fund | |||
.--(1) The Commission shall establish and maintain a fund known as the Public Interest Litigation Fund. (2) The Lord Chancellor--
(4) The conditions referred to in subsection (3) are--
(6) In this section "proceedings" include prospective proceedings and any step in proceedings.") | Public Interest Litigation Fund. | ||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
143 | Insert the following new Clause-- | ||
("Conditional Legal Aid Fund | |||
.--(1) The Commission shall establish and maintain a fund known as the Conditional Legal Aid Fund. (2) The purpose of the Fund shall be to provide help in the conduct of legal proceedings by entering into conditional legal aid agreements. (3) For the purposes of this section a conditional legal aid agreement is an agreement between the Commission and a person providing advocacy or litigation services and his client which provides--
(5) For the purposes of the making of any order for payment of costs in the proceedings, the fact that any costs are being paid out of the Fund shall be disregarded. (6) Regulations may provide for--
(8) Regulations under subsection (6) may provide that, with a view to ascertaining the demand for conditional legal aid agreements, they shall be entered into for a trial period only with persons resident in a specified part of England and Wales. (9) The Lord Chancellor may by order repeal this section and provide for the winding up of the Fund if, having regard to experience in the conduct of the Fund, he is satisfied that--
| Conditional Legal Aid Fund. | ||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
144 | Insert the following new Clause-- | ||
(". A person or body providing an individual with services funded as part of the Community Legal Service shall consider whether, in that individual's case, the interests of justice require any part of those services to be provided by way of specialist advice and assistance offered on a referral basis or specialist advocacy; and if so, shall make appropriate arrangements.") | Advice and assistance in cases funded by Community Legal Service. | ||
Clause 12 | |||
BY THE LORD KINGSLAND | |||
145* | Page 8, line 17, after ("shall") insert (", after consultation with the Law Society, the General Council of the Bar and such other providers of existing legal services as its proposals may affect,") | ||
BY THE LORD ACKNER | |||
146 | Page 8, line 19, leave out ("involved") and insert ("suspected or accused") | ||
147 | Page 8, line 21, leave out subsection (2) | ||
148 | Page 8, line 36, leave out from ("court") to end of line 37 | ||
149 |
Page 8, line 43, at end insert-- ("( ) The Commission shall keep under review, or secure that others keep under review, the quality of service provided by all persons or bodies accredited under subsection (5); and the Commission shall withdraw accreditation, or secure that others withdraw accreditation, from any person or body who fails to provide a satisfactory quality of service.") |
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© Parliamentary copyright 1999 | Prepared 19 January 1999 |