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
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-- (a) the relative cost to his client of obtaining advocacy services on a referral basis and of relevant alternative means of providing them; and (b) the degree of skill and experience which the circumstances require of the advocate. (3) Where, before the advocacy in question is conducted, a person fails to comply with the duty imposed by subsection (1) but he or his firm nevertheless conducts that advocacy, neither he nor his firm shall be entitled to charge the client for that advocacy."")
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)-- (a) supplying or offering to supply legal services to the public or a section of the public; (b) whilst acting in the course of any employment, supplying legal services-- (i) to his employer, (ii) to another employee of his employer, (iii) where his employer is an association, to any member of that association, or (iv) where his employer is supplying or offering to supply services to the public or a section of the public, to any customer or client of his employer; (c) exercising or seeking to exercise any right of audience granted by the Council; (d) employed as an advocate within the meaning of section 31A(3) of the Courts and Legal Services Act 1990. (3) Without prejudice to the generality of the foregoing, but subject to section 31A of the Courts and Legal Services Act 1990, subscription regulations may-- (a) impose different requirements-- (i) for persons who have been called to the Bar for different periods of time, or (ii) for persons seeking to act as barristers in different modes or forms of practice; (b) provide that failure to pay the whole or any part of any subscription required to be paid by a person who acts or intends to act as a barrister shall-- (i) constitute professional misconduct, and (ii) entitle the Council to take such steps as it thinks appropriate with a view to that person being disbarred, or temporarily suspended from practice, by order of an Inn of Court. (4) Where a person who acts or intends to act as a barrister has failed to pay the whole or any part of any subscription required to be paid by him in accordance with subscription regulations the unpaid part thereof shall be recoverable by the Council by action in the County Court as if the same were a debt owing by that person to the Council.")		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)-- (a) in paragraph (b) omit "or"; and (b) after paragraph (c) insert-- ("or (d) providing legal services as a legal executive." (3) In subsection (3), after "subsection (1)" insert-- legal executive" means a fellow of the Institute of Legal Executives who has in force a practice certificate issued by that Institute; and"")
	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-- ("(c) the President of the Family Division, and (d) the Vice-Chancellor.")
	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-- (1A) The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as Vice-President of the Queen's Bench Division, and a judge so appointed shall be a judge of that Division."")		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 (c) such functions relating to matters of an administrative character or a non-judicial character as they may be authorised to undertake.")
	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-- ("( ) any judicial or legal function,")
	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



© Parliamentary copyright 1999	Prepared 21 January 1999