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House of Lords

Session 1998-99 Publications on the internet Other Bills before Parliament Amendments to the Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords Here you can browse the Fourth Marshalled List of Amendments to the Access to Justice Bill [H.L.] to be moved in Committee in the House of Lords.

	The amendments have been marshalled in accordance with the instruction of 13th January 1999, as follows-
	Clauses 31 to 35 Schedule 5 Clauses 36 to 37 Schedule 6 Clauses 38 to 51 Schedule 7 Clause 52 Schedule 8      Clause 53 to 61 Schedule 9 Clauses 62 to 75 Schedule 10 Clauses 76 Schedule 11 Clauses 77 to 80 [Amendments marked * are new or have been altered]
Amendment No.
	Clause 31
	BY THE LORD ARCHER OF SANDWELL THE LORD GOODHART THE LORD KINGSLAND THE LORD LLOYD OF BERWICK
237	Page 19, line 7, at end insert ("as regards his acting as an advocate on behalf of-- (a)  his employer, or (b)  where his employer's only or main activity is providing legal services to the public, a client of his employer")
	BY THE LORD CHANCELLOR
237A	Page 19, line 11, leave out ("circumstances") and insert ("capacity")
	BY THE LORD THOMAS OF GRESFORD
238	Page 19, leave out lines 17 to 22 and insert--       ("(3) Nothing in this section shall affect the rights of audience of a person employed as an advocate if he is a Crown Prosecutor or is in Crown employment in any other capacity which involves his appearing before courts.")
	BY THE LORD KINGSLAND
239	Page 19, line 19, leave out from first ("is") to ("or") in line 21 and insert ("in Crown employment in any capacity which involves his appearing before the courts except in the capacity of an employee of the Crown Prosecution Service before the High Court or the Crown Court;")
	BY THE LORD CHANCELLOR
239A	Page 19, line 19, leave out from ("or") to end of line 26 and insert-- ("(b)  he is otherwise employed in a capacity which involves his appearing before courts."")
	BY THE LORD KINGSLAND
240	Page 19, line 26, at end insert--     ("&#M10;&#M10;(5) A person employed as an advocate in accordance with subsection (3) shall only be permitted to prosecute a case being tried on indictment which-- (a)  falls within class 4 of the classification of the Business of the Crown Court and Allocation to Crown Court Centres Directions; and (b)  has been released by the Presiding Judge of a Circuit, in accordance with those Directions, for trial by a Circuit Judge, Recorder or Assistant Recorder."")
	BY THE LORD ACKNER THE LORD HUTCHINSON OF LULLINGTON
	The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
	Clause 32
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
241	Page 19, line 29, leave out ("right of audience or")
	BY THE LORD CHANCELLOR
241A	Page 19, line 32, leave out from beginning to ("they") in line 39 and insert ("the body which fall within subsection (2) shall not have effect in relation to him.       (2)  Rules of a body fall within this subsection if they are-- (a)  rules of conduct prohibiting or limiting the exercise of the right on behalf of members of the public by members of the body who are employees, or (b)  rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the body, and")
	BY THE LORD ACKNER
	The Lord Ackner gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill.
	Clause 33
	BY THE LORD ACKNER
	The Lord Ackner gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill.
	After Clause 34
	BY THE LORD GOODHART THE LORD KINGSLAND THE LORD LLOYD OF BERWICK
242	Insert the following new Clause--
	("  .  For section 4(1) to (3E) of the Prosecution of Offences Act 1985 substitute--     (1)  The Director and the Chief Crown Prosecutor shall ensure that rights of audience of Crown Prosecutors are exercisable with regard to the principle that a substantial proportion of advocacy on behalf of the Crown Prosecution Service in the Crown Court shall be conducted by advocates in independent practice."")		Crown Prosecutors.
	BY THE LORD KINGSLAND
243	Insert the following new Clause--
	("  .--(1)  A person who (whether expressly or by implication) describes himself as a legal executive is guilty of an offence unless he is a Fellow of the Institute of Legal Executives who has in force a current practice certificate issued by that Institute.       (2)  A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.")		Legal executives' practice certificates.
	Schedule 5
	BY THE LORD LLOYD OF BERWICK THE LORD KINGSLAND THE LORD GOODHART
244	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
245	Page 63, line 19, leave out from ("writing") to first ("to") in line 20 and insert--       ("(a) for him")
246	Page 63, line 24, leave out ("to approve") and insert ("for approval of")
247	Page 63, line 45, leave out ("may") and insert ("shall")
248	Page 64, line 8, leave out ("may") and insert ("shall")
249	Page 64, leave out lines 35 and 36
250	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),")
251	Page 64, line 45, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor")
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
252	Page 65, line 1, leave out ("the applicant applies to him in writing,") and insert ("he refuses the application,")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
253	Page 65, line 2, leave out ("his") and insert ("the")
	BY THE LORD KINGSLAND
254	Page 65, line 15, after ("conduct") insert ("which relates to the grant of a right of audience or a right to conduct litigation")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
255	Page 65, line 16, at end insert ("and the designated judges (acting, in the event of disagreement, by majority)")
256	Page 65, line 23, leave out from ("unless") to end of line 24 and insert ("so approved")
257	Page 65, line 28, leave out ("to approve") and insert ("for approval of")
258	Page 66, line 18, leave out from ("before") to end of line and insert ("the application is decided")
259	Page 66, line 31, leave out ("may") and insert ("shall")
260	Page 66, line 45, leave out ("may") and insert ("shall")
261	Page 67, leave out lines 26 and 27
262	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)")
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
263	Page 67, line 36, at end insert--       ("(  )  The Lord Chancellor shall not refuse the application unless he has sought the advice of the Consultative Panel.")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
264	Page 67, line 37, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor")
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
265	Page 67, line 39, leave out ("the applicant applies to him in writing,") and insert ("he refuses the application,")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
266	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
267	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
268	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
269	Page 68, line 6, after first ("body") insert ("which relate to the grant of a right of audience or of a right to conduct litigation")
	BY THE LORD ARCHER OF SANDWELL
270	Page 69, line 36, after ("shall") insert (", if he is satisfied that any qualification, regulation or rule of conduct is unduly restrictive of rights of audience or of a right to conduct litigation,")
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
271	Page 69, line 36, at end insert--       ("(  )  The Lord Chancellor shall not decide to make the alterations unless at least two of the designated judges have advised him that the alterations should be made.")
272	Page 69, line 39, leave out ("the authorised body applies to him in writing, notify it") and insert ("he decides to make the alterations, notify the authorised body")
	BY THE LORD ARCHER OF SANDWELL
273	Page 69, line 43, at end insert--       ("(  )  No order shall be made under this paragraph unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.")
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
274	Page 69, line 43, at end insert--       ("(  )  When an order under this paragraph is laid before either House of Parliament there shall be laid with it copies of all representations made under paragraphs 18 and 21 and advice given under paragraphs 19, 20 and 22.")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
275	Page 70, line 12, leave out ("is") and insert ("and the designated judges are (or, in the event of disagreement, a majority are)")
276	Page 70, line 13, leave out from ("when") to ("are") and insert ("the question whether a recommendation shall be made is under consideration")
277	Page 70, line 33, leave out ("may") and insert ("shall")
278	Page 70, leave out lines 42 and 43
279	Page 70, line 42, leave out ("may") and insert ("shall")
280	Page 72, leave out lines 1 and 2
281	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")
282	Page 72, line 6, leave out from ("30") to ("; and") in line 7
283	Page 72, line 8, leave out ("he") and insert ("the Lord Chancellor")
	BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
284	Page 72, line 11, at end insert--       ("(  )  The Lord Chancellor shall not make the recommendation unless at least two of the designated judges have advised him that the recommendation should be made.")
285	Page 72, line 11, at end insert--
	("Documents to be laid before Parliament
	.  When a draft of an Order made in pursuance of a recommendation in reliance on paragraph 25(2)(c) is laid before either House of Parliament there shall be laid with the draft-- (a)  copies of all representations made under paragraphs 29 and 30 and advice given under paragraphs 27, 28 and 31; and (b)  a statement of the Lord Chancellor's reasons for making the recommendation.")
	BY THE LORD KINGSLAND THE LORD LLOYD OF BERWICK THE LORD GOODHART
286	Page 72, line 27, at end insert ("; and (d)  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
287	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."")
288	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."")

© Parliamentary copyright 1999	Prepared 28 January 1999

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