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 CHANCELLOR | |||
290A | Page 72, line 34, leave out from ("for") to end of line 37 and insert ("the words from ", the Lord Chief Justice" to the end substitute "approves any regulation such as is mentioned in subsection (1), the requirement of the concurrence of the Lord Chief Justice and the Master of the Rolls imposed by that subsection shall not apply."") | ||
290B | Page 72, leave out lines 40 to 42 and insert ("the words from "Master of the Rolls" to the end substitute "Lord Chancellor approves any rule such as is mentioned in subsection (1), the requirement of the concurrence of the Master of the Rolls imposed by that subsection shall not apply."") | ||
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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BY THE LORD CHANCELLOR | |||
291A | Page 73, line 46, leave out ("a writ or otherwise commence") | ||
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 KINGSLAND | |||
The above-named Lords give notice of their intention to oppose the Question that Clause 50 stand part of the Bill. | |||
Clause 51 | |||
BY THE LORD CHANCELLOR | |||
299A |
Page 27, line 44, leave out ("Schedule 7 (which makes amendments") and insert (" .--(1) The Lord Mayor and aldermen of the City of London shall not be justices of the peace unless appointed by the Lord Chancellor in accordance with the Justices of the Peace Act 1997. (2) Schedule 7 (which contains other provisions") | 1997 c. 25. | |
BY THE LORD GISBOROUGH THE LORD KINGSLAND | |||
The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill. | |||
Schedule 7 | |||
BY THE LORD CHANCELLOR | |||
299B |
Page 75, leave out lines 19 to 23 and insert-- (".--(1) Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows. (2) In subsection (1) (appointment of sheriff of Greater London and under-sheriff for each London commission area), for "and for each London commission area an under-sheriff shall be so appointed" substitute "and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament". (3) In subsection (2) (application of enactments to under-sheriffs as if London commission areas were counties), for "London commission area" substitute "area specified by virtue of subsection (1) of this section". | ||
(4) In subsection (4) (modification of Sheriffs Act 1887 in its application to Greater London)--
| 1887 c. 55. | ||
299C |
Page 76, line 26, at end insert-- ("23A. In section 6 (residence qualification for justices), after subsection (1) insert--
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299D |
Page 77, line 32, at end insert-- (". In section 70(1) (application of enactments to City of London), for justices for the City" substitute "justices for a commission area consisting of or including the whole or part of the City".") | ||
BY THE LORD GISBOROUGH THE LORD KINGSLAND | |||
The above-named Lords give notice of their intention to oppose the Question that Schedule 7 be the seventh Schedule to the Bill. | |||
Clause 52 | |||
BY THE LORD GISBOROUGH THE LORD KINGSLAND THE VISCOUNT TENBY | |||
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") | ||
309A | Page 28, line 43, 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") |
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© Parliamentary copyright 1999 | Prepared 28 January 1999 |