House of Lords Amendments - Access to Justice Bill [H.L.]

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Session 1998-99
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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 Amendments to the Access to Justice Bill [H.L.] to be moved on Report in the House of Lords.

Clause 1

BY THE LORD CLINTON-DAVIS

     Page 2, line 3, at end insert--

    ("(  )  The Commission shall include at least one solicitor, one barrister, and one representative of consumers each of whom shall have knowledge of the provision of services which the Commission can fund, appointed after consultation with the Law Society, the General Council of the Bar, and organisations representing consumers, respectively.")

Clause 3

BY THE LORD CLINTON-DAVIS

     Page 2, line 43, at end insert (", and
(h)  to pay fees and disbursements on account by way of loans to solicitors and barristers.")

Clause 6

BY THE LORD CLINTON-DAVIS

     Page 4, line 12, after ("appropriate") insert (", having regard to the information gathered under section 5(4)")

     Page 4, line 16, at end insert--

    ("(  )  In determining the amount appropriate for the funding of services as part of the Community Legal Service, the Lord Chancellor shall not take into account the level of expenditure expected for the Criminal Defence Service.")

Clause 7

BY THE LORD CLINTON-DAVIS

     Page 5, line 3, at end insert--

    ("(  ) In funding services as part of the Community Legal Service, the Commission shall ensure that separate provision is made for expenditure on disbursements reasonably incurred, and for the costs of advocacy in court.")

     Page 5, line 10, after ("may") insert ("(except as provided by subsection (6A))")

     Page 5, line 11, at end insert--

    ("(6A)  No amendment may be made by regulations under subsection (6) adding to Schedule 2 services consisting of the provision of help in bringing or defending any proceedings for negligence where the alleged damage is to the person unless the Lord Chancellor, before laying a draft of the regulations before Parliament--
(a)  has consulted persons appearing to him representative of providers and consumers of the services in question and of providers (or potential providers) of insurance in relation to the expense of providing those services; and

(b)  is satisfied that adequate arrangements are in place for the whole of England and Wales for the funding of those services other than as part of the Community Legal Service.")

After Clause 7

BY THE LORD CLINTON-DAVIS

     Insert the following new Clause--

    ("  .--(1)  The objective of the Commission in entering into contracts shall be to provide the greatest possible choice of good quality legal services for those using the services of the Community Legal Service.

    (2)  The Commission shall therefore adopt the following principles in entering into contracts--
(a)  the Commission shall contract with every supplier who meets prescribed quality criteria and who wishes to provide services under the Community Legal Service;

(b)  subject to paragraph (c), the Commission shall offer each contractor a contract for at least the same number of cases as they undertook in the year preceding the year of contracts;

(c)  where the total number of cases to be funded in any category of work in a particular region is to be reduced below the number undertaken in the previous year, the Commission may make proportionate reductions in the number of cases to be funded by each contractor in the region concerned;

(d)  the Commission shall not set a minimum level for the number of cases for which it is willing to contract;

(e)  contracts shall provide for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and for the costs of advocacy in court; and

(f)  contracts shall define the number of hours' work, or number of cases, to be undertaken for the contract sum.")
Contracts.

Schedule 2

BY THE LORD CLINTON-DAVIS

     Page 54, line 36, leave out from ("property") to end of line 37

     Page 54, line 37, at end insert ("save where compelling reasons exist,")

     Page 54, line 39, at end insert ("save where a compelling reason exists,")

     Page 54, line 42, at end insert--

    ("  . A compelling reason for the purposes of paragraph 3(a) or 3(c) above exists where--
(a)  the case is one which a private client of sufficient means would be likely to wish to pursue or defend;

(b)  it is not practical for the case to be conducted on a conditional fee basis;

(c)  (in the case of paragraph 3(c)) the circumstances are not such that a reasonably prudent person would have insured against the risk of a dispute arising.")

     Page 55, line 32, at end insert--

("and proceedings in such classes of cases for which the Lord Chancellor may prescribe that conditional fee agreements are not appropriate")

     Page 55, line 33, at end insert--
("(  )  proceedings in coroners inquests into death, and

(  )  public and judicial enquiries")

Clause 9

BY THE LORD CLINTON-DAVIS

     Page 6, line 5, at end insert (", provided that the code shall not require applicants to attempt mediation rather than application to the court save in circumstances where a privately paying client would be advised to attempt mediation.")

Clause 10

BY THE LORD CLINTON-DAVIS

     Page 7, line 1, at end insert--

    ("(3A)  For the purposes of assessing contributions from capital, regulations shall provide that the first £100,000 of equity in a dwelling house shall be disregarded.

    (3B)  The Lord Chancellor may vary the figure in subsection (3A) above through regulations.

    (3C)  Regulations under subsection (3B) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.")

Clause 29

BY THE LORD PHILLIPS OF SUDBURY

     Page 17, line 45, at end insert--
("(  )  the duty of giving such advice as it thinks appropriate to the Lord Chancellor, after consultation with the Civil Justice Council established under the Courts and Legal Services Act 1990, with a view to ensuring that conditional fee agreements are being implemented fairly and in the interests of justice; and")

After Clause 47

BY THE LORD PHILLIPS OF SUDBURY

     Insert the following new Clause--

    ("  .  In section 36 of the Children's and Young Persons' Act 1933 (prohibiting against children being present in court) after ("shall") where it first appears insert ("without the consent of the court (which may be withdrawn at any time).") Prohibition against children being present in court.

Clause 54

BY THE LORD MOTTISTONE

     Page 32, line 19, at end insert--
("(  )  a unitary county council;")

© Parliamentary copyright 1999
Prepared 9 February 1999

	Clause 1
	BY THE LORD CLINTON-DAVIS
	Page 2, line 3, at end insert-- ("( ) The Commission shall include at least one solicitor, one barrister, and one representative of consumers each of whom shall have knowledge of the provision of services which the Commission can fund, appointed after consultation with the Law Society, the General Council of the Bar, and organisations representing consumers, respectively.")
	Clause 3
	BY THE LORD CLINTON-DAVIS
	Page 2, line 43, at end insert (", and (h) to pay fees and disbursements on account by way of loans to solicitors and barristers.")
	Clause 6
	BY THE LORD CLINTON-DAVIS
	Page 4, line 12, after ("appropriate") insert (", having regard to the information gathered under section 5(4)")
	Page 4, line 16, at end insert-- ("( ) In determining the amount appropriate for the funding of services as part of the Community Legal Service, the Lord Chancellor shall not take into account the level of expenditure expected for the Criminal Defence Service.")
	Clause 7
	BY THE LORD CLINTON-DAVIS
	Page 5, line 3, at end insert-- ("( ) In funding services as part of the Community Legal Service, the Commission shall ensure that separate provision is made for expenditure on disbursements reasonably incurred, and for the costs of advocacy in court.")
	Page 5, line 10, after ("may") insert ("(except as provided by subsection (6A))")
	Page 5, line 11, at end insert-- ("(6A) No amendment may be made by regulations under subsection (6) adding to Schedule 2 services consisting of the provision of help in bringing or defending any proceedings for negligence where the alleged damage is to the person unless the Lord Chancellor, before laying a draft of the regulations before Parliament-- (a) has consulted persons appearing to him representative of providers and consumers of the services in question and of providers (or potential providers) of insurance in relation to the expense of providing those services; and (b) is satisfied that adequate arrangements are in place for the whole of England and Wales for the funding of those services other than as part of the Community Legal Service.")
	After Clause 7
	BY THE LORD CLINTON-DAVIS
	Insert the following new Clause--
	(" .--(1) The objective of the Commission in entering into contracts shall be to provide the greatest possible choice of good quality legal services for those using the services of the Community Legal Service. (2) The Commission shall therefore adopt the following principles in entering into contracts-- (a) the Commission shall contract with every supplier who meets prescribed quality criteria and who wishes to provide services under the Community Legal Service; (b) subject to paragraph (c), the Commission shall offer each contractor a contract for at least the same number of cases as they undertook in the year preceding the year of contracts; (c) where the total number of cases to be funded in any category of work in a particular region is to be reduced below the number undertaken in the previous year, the Commission may make proportionate reductions in the number of cases to be funded by each contractor in the region concerned; (d) the Commission shall not set a minimum level for the number of cases for which it is willing to contract; (e) contracts shall provide for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and for the costs of advocacy in court; and (f) contracts shall define the number of hours' work, or number of cases, to be undertaken for the contract sum.")		Contracts.
	Schedule 2
	BY THE LORD CLINTON-DAVIS
	Page 54, line 36, leave out from ("property") to end of line 37
	Page 54, line 37, at end insert ("save where compelling reasons exist,")
	Page 54, line 39, at end insert ("save where a compelling reason exists,")
	Page 54, line 42, at end insert-- (" . A compelling reason for the purposes of paragraph 3(a) or 3(c) above exists where-- (a) the case is one which a private client of sufficient means would be likely to wish to pursue or defend; (b) it is not practical for the case to be conducted on a conditional fee basis; (c) (in the case of paragraph 3(c)) the circumstances are not such that a reasonably prudent person would have insured against the risk of a dispute arising.")
	Page 55, line 32, at end insert-- ("and proceedings in such classes of cases for which the Lord Chancellor may prescribe that conditional fee agreements are not appropriate")
	Page 55, line 33, at end insert-- ("( ) proceedings in coroners inquests into death, and ( ) public and judicial enquiries")
	Clause 9
	BY THE LORD CLINTON-DAVIS
	Page 6, line 5, at end insert (", provided that the code shall not require applicants to attempt mediation rather than application to the court save in circumstances where a privately paying client would be advised to attempt mediation.")
	Clause 10
	BY THE LORD CLINTON-DAVIS
	Page 7, line 1, at end insert-- ("(3A) For the purposes of assessing contributions from capital, regulations shall provide that the first £100,000 of equity in a dwelling house shall be disregarded. (3B) The Lord Chancellor may vary the figure in subsection (3A) above through regulations. (3C) Regulations under subsection (3B) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.")
	Clause 29
	BY THE LORD PHILLIPS OF SUDBURY
	Page 17, line 45, at end insert-- ("( ) the duty of giving such advice as it thinks appropriate to the Lord Chancellor, after consultation with the Civil Justice Council established under the Courts and Legal Services Act 1990, with a view to ensuring that conditional fee agreements are being implemented fairly and in the interests of justice; and")
	After Clause 47
	BY THE LORD PHILLIPS OF SUDBURY
	Insert the following new Clause--
	(" . In section 36 of the Children's and Young Persons' Act 1933 (prohibiting against children being present in court) after ("shall") where it first appears insert ("without the consent of the court (which may be withdrawn at any time).")		Prohibition against children being present in court.
	Clause 54
	BY THE LORD MOTTISTONE
	Page 32, line 19, at end insert-- ("( ) a unitary county council;")