Access to Justice Bill [H.L.]

House of Lords portcullis

House of Lords

Session 1998-99
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Other Bills before Parliament

Access to Justice Bill [H.L.]

This is the Access to Justice Bill [H.L.], as amended in Committee in the House of Lords and printed on 28 January 1999

Access to Justice Bill [H.L.]

ARRANGEMENT OF CLAUSES

PART I

THE LEGAL SERVICES COMMISSION

The Commission

Clause

1. The Legal Services Commission.

2. Power to replace Commission with two bodies.

3. Powers of Commission.

4. Directions and guidance.

The Community Legal Service

5. The Community Legal Service.

6. Funding of services.

7. Services which may be funded.

8. Individuals for whom services may be funded.

9. Code about provision of funded services.

10. Terms of provision of funded services.

11. Costs in funded cases.

The Criminal Defence Service

12. The Criminal Defence Service.

13. Advice and assistance.

14. Representation.

15. Regulations about payments to representatives.

16. Terms of provision of funded services.

17. Funding.

Supplementary

18. Foreign law.

19. Restriction of disclosure of information.

20. Misrepresentation etc.

21. Position of service providers and other parties.

22. Consequential amendments.

23. Orders and regulations.

24. Interpretation.

PART II

LEGAL AID IN SCOTLAND

25. Regulations about financial limits in certain proceedings.

26. Recipients of disability working allowance.

PART III

LEGAL SERVICES

Funding

27. Conditional fee agreements.

28. Recovery of insurance premiums by way of costs.

The Legal Services Consultative Panel

29. Replacement of ACLEC by Consultative Panel.

Rights of audience and rights to conduct litigation

30. Barristers and solicitors.

31. Employees of Legal Services Commission.

32. Rights of audience: change of authorised body.

33. Rights to conduct litigation: barristers and legal executives.

34. Authorised bodies: designation and regulations and rules.

35. Overriding duties of advocates and litigators.

36. Minor and consequential amendments.

PART IV

APPEALS ETC.

Right of appeal

37. Permission to appeal.

38. Second appeals.

Destination of appeals

39. Power to prescribe alternative destination.

40. Assignment of appeals to Court of Appeal.

Civil division of Court of Appeal

41. Composition.

42. Registrar of civil appeals.

Jurisdiction of single judge of High Court

43. Criminal causes and matters.

44. Contempt of court.

45. Habeas corpus.

Cases stated

46. Cases stated by Crown Court for opinion of High Court.

Reporting of proceedings about children

47. Reporting of proceedings relating to children.

PART V

MAGISTRATES AND MAGISTRATES' COURTS

Territorial organisation

48. Commission areas.

49. Petty sessions areas.

50. Consequential provision.

Justices

51. Unification and renaming of stipendiary bench.

52. Justices not to sit on committal for sentence.

53. Jurisdiction over offences outside area.

Magistrates' courts committees

54. Areas outside Greater London.

55. Constitution of committees outside Greater London.

56. Greater London Magistrates' Courts Authority.

57. Standard goods and services.

Justices' chief executives

58. Qualification for appointment.

59. Role.

60. Transfer of administrative functions of justices' clerks.

61. Collection, payment, accounting and banking.

Execution of warrants

62. Civilian enforcement officers.

63. Approved enforcement agencies.

64. Warrants of detention.

65. Execution by person not in possession of warrant.

66. Cessation of warrants.

PART VI

IMMUNITY AND INDEMNITY

Justices and their clerks

67. Justices and clerks: immunity from costs.

68. Justices and clerks: indemnity.

69. Assistant justices' clerks: immunity from action.

General Commissioners of income tax and their clerks

70. General Commissioners: immunity from action.

71. General Commissioners: immunity from costs and expenses.

72. General Commissioners and clerks: indemnity.

Coroners

73. Indemnity.

PART VII

SUPPLEMENTARY

74. Transitional provisions and savings.

75. Repeals and revocations.

76. Crown application.

77. Commencement.

78. Extent.

79. Short title.

SCHEDULES:

    Schedule 1 - The Legal Services Commission.

    Schedule 2 - Community Legal Service: excluded services.

    Schedule 3 - Criminal Defence Service: right to representation.

    Schedule 4 - Amendments consequential on Part I.

    Schedule 5 - Authorised bodies: designation and regulations and rules.

    Schedule 6 - Rights of audience and rights to conduct litigation: amendments.

    Schedule 7 - Commission areas and petty sessions areas: amendments.

    Schedule 8 - Unification and renaming of stipendiary bench: amendments.

    Schedule 9 - Functions transferred to justices' chief executives.

    Schedule 10 - Transitional provisions and savings.

    Part I - General.

    Part II - Legal Services Commission.

    Part III - Legal services.

    Part IV - Reporting of proceedings about children.

    Part V - Magistrates and magistrates' courts.

    Schedule 11 - Repeals and revocations.

    Part I - Legal Services Commission.

    Part II - Legal services.

    Part III - Appeals etc.

    Part IV - Magistrates and magistrates' courts.

    Part V - Immunity and indemnity.

© Parliamentary copyright 1999
Prepared 29 January 1999