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 36 | |||
BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART | |||
289 | Insert the following new Clause-- | ||
(" . In the Courts and Legal Services Act 1990, after section 31C (inserted by section 33 above) insert-- | Duty to advise client: specialist advocacy. | ||
Duty to advise as to suitable advocate. |
31D.--(1) A person exercising a right to conduct litigation must, in relation to any advocacy to be conducted in proceedings before a superior court of record, advise his client in writing as to whether or not that advocacy ought to be conducted by a person offering specialist advocacy on a referral basis. (2) In considering that question, the person concerned must have regard, in particular, to--
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290 | Insert the following new Clause-- | ||
(" .--(1) It is hereby declared that, notwithstanding any rule of law to the contrary, it shall be lawful for the General Council of the Bar (in this section referred to as "the Council") to make rules or regulations (in this section referred to as "subscription regulations") requiring any person who acts or intends to act as a barrister to pay to the Council such subscription as the Council may require. (2) A person who has been called to the Bar by an Inn of Court shall, if he would not otherwise be taken to be acting as a barrister, be taken for the purposes of this section to be so acting if he is (with or without others)--
| General Council of the Bar: subscriptions. | ||
Schedule 6 | |||
BY THE LORD KINGSLAND | |||
291 |
Page 73, line 33, at end insert-- (" .--(1) Section 63 (legal professional privilege) is amended as follows. (2) In subsection (1)--
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Clause 38 | |||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
292 | Page 21, line 16, after ("that") insert (", except in cases relating to the civil rights and safety of the person,") | ||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
293 | Page 21, line 22, at end insert ("or against an order of committal for contempt of court") | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
294 | 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.") | ||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | |||
295 |
Page 21, line 31, at end insert-- ("( ) Rules made in pursuance of subsection (3)(b) may not provide that permission may be given only by the court which made the decision or order from which permission to appeal is sought.") | ||
Clause 39 | |||
BY THE LORD MESTON | |||
295A* | Page 22, line 5, leave out from ("and") to ("no") in line 6 and insert ("if that first appeal is unsuccessful") | ||
295B* | Page 22, line 8, leave out ("special") and insert ("sufficient") | ||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
296 |
Page 22, line 8, at end insert-- ("provided that the appellant retains the right to invite the Court of Appeal to decide on whether paragraph (a) or (b) of this section applies to the particular case.") | ||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND | |||
The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. | |||
Clause 40 | |||
BY THE LORD MACKAY OF CLASHFERN | |||
296A |
Page 22, leave out lines 33 and 34 and insert--
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After Clause 43 | |||
BY THE LORD MACKAY OF CLASHFERN THE LORD BINGHAM OF CORNHILL | |||
297 | Insert the following new Clause-- | ||
("Vice-President of the Queen's{QC Bench Division | |||
. After section 5(1) of the Supreme Court Act 1981 (Divisions of High Court) insert--
| Vice-President of the Queen's Bench Division. | ||
After Clause 48 | |||
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY | |||
298 | 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 | |||
299 | Page 25, leave out lines 29 and 30 | ||
Clause 50 | |||
BY THE LORD GISBOROUGH | |||
The Lord Gisborough gives notice of 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 52 | |||
BY THE LORD GISBOROUGH | |||
300 | Page 28, line 9, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
301 | Page 28, line 12, leave out ("District Judges (Magistrates' Courts)") and insert ("stipendiary magistrates") | ||
302 | Page 28, line 16, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
303 | Page 28, line 19, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
304 | Page 28, line 27, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
305 | Page 28, line 30, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
306 | Page 28, line 33, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
307 | Page 28, line 38, leave out first ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
308 | Page 28, line 38, leave out second ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
309 | Page 28, line 41, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
310 | Page 29, line 2, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
311 | Page 29, leave out lines 6 to 9 | ||
312 | Page 29, line 6, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
313 | Page 29, line 12, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
314 | Page 29, line 13, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
315 | Page 29, line 26, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
316 | Page 29, line 34, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
317 | Page 29, line 46, leave out ("District Judge (Magistrates' Courts)") and insert ("stipendiary magistrate") | ||
Clause 55 | |||
BY THE LORD GISBOROUGH | |||
318 |
Page 30, line 44, at end insert ("; and
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Clause 59 | |||
BY THE LORD KINGSLAND | |||
The Lord Kingsland gives notice of his intention to oppose the Question that Clause 59 stand part of the Bill. | |||
Clause 60 | |||
BY THE LORD GISBOROUGH | |||
319 | Page 36, leave out lines 7 to 10 | ||
320 | Page 36, line 41, at beginning insert ("not") | ||
321 | Page 36, line 42, after ("their") insert ("judicial or legal") | ||
322 | Page 36, line 43, after ("any") insert ("such") | ||
Clause 61 | |||
BY THE LORD GISBOROUGH | |||
323 | Page 37, line 16, leave out subsections (2) to (4) | ||
324 | Page 37, line 25, after ("functions") insert ("of a non-judicial and legal nature") | ||
325 | Page 37, line 26, leave out ("an individual") and insert ("any") | ||
326 |
Page 37, line 27, after ("case,") insert--
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Clause 68 | |||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
327 | Page 43, line 37, leave out from ("shall") to end of line 40 and insert ("not be made unless they have been laid in draft before, and approved by resolution of, each House of Parliament") | ||
Clause 72 | |||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | |||
328 | Page 45, line 11, leave out from ("shall") to ("House") in line 12 and insert ("not be made unless it has been laid in draft before, and approved by resolution of, each") | ||
Schedule 11 | |||
BY THE LORD THOMAS OF GRESFORD | |||
329 | Page 104, leave out lines 40 and 41 | ||
330 | Page 105, leave out line 18 |
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© Parliamentary copyright 1999 | Prepared 21 January 1999 |