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

Clause 28
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY
Page 17, line 22, after ("subject") insert ("to subsections (2) to (4) and")
BY THE LORD HUNT OF WIRRAL
Page 17, line 23, at end insert ("provided that no such premium shall be recoverable unless proper notice has been given as prescribed by Rules of court")
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY
Page 17, line 23, at end insert-- ("(2) An order may be made under this section only if the court thinks it just in all the circumstances to do so. (3) In deciding whether it is just to make an order under this section the court may consider-- (a) any hardship which would be caused to the successful party if the order is not made; (b) whether it would have been reasonably possible for the successful party to contest the proceedings without taking out such an insurance policy; and (c) such other matters as the court thinks fit. (4) In this section "the successful party" means a party in whose favour a court order is made.")
After Clause 28
BY THE LORD KINGSLAND THE LORD PHILLIPS OF SUDBURY
Insert the following new Clause--
(" .--(1) Rules of court may provide for a person providing legal services, in connection with any proceedings, under-- (a) a conditional fee agreement (as defined in section 58(2) of the Courts and Legal Services Act 1990); or (b) some other arrangement of a specified kind, to recover by way of costs, in the specified manner, specified items of expense in relation to the assumption of specified risks associated with the operation of such agreements or arrangements. (2) In subsection (1) "specified" means specified in rules of court.")		Recovery of specified expenses by way of costs.
Clause 29
BY THE LORD CHANCELLOR
Page 18, line 5, at end insert-- ("( ) The Lord Chancellor shall publish-- (a) any recommendations made to him by the Consultative Panel in performance of the duty in paragraph (a) of subsection (2); and (b) any advice provided to him by the Consultative Panel in performance of the duty in paragraph (b) of that subsection.")
Clause 30
BY THE LORD ACKNER
Leave out Clause 30
Clause 31
BY THE LORD KINGSLAND
Page 19, line 24, at end insert ("as regards his providing representation in the course of the Commission's exercise of its power under section 14(3)(f) of the Access to Justice Act 1999")
After Clause 32
BY THE LORD KINGSLAND
Insert the following new Clause--
(" . In the Courts and Legal Services Act 1990, after section 31B (inserted by section 32 above) insert--		Employed prosecuting advocates; conflicts of interest involving the Government.
Duty to instruct independent advocate to prosecute certain cases.	31C.--(1) An advocate employed as a Crown Prosecutor or in Crown employment shall not be instructed by a public prosecuting authority as an advocate to prosecute in any criminal proceedings where, in the opinion of that authority or of the court dealing with the proceedings, the interests of justice require that the case be prosecuted by an advocate in independent practice. (2) In particular, the interests of justice are to be treated as requiring the instruction of an advocate in independent practice if the authority or the court considers that-- (a) the case raises, or seems likely to raise, issues of political sensitivity for the government, any member of the government or any government department; (b) issues arise, or seem likely to arise, as to the withholding of documents on the grounds that disclosure would be injurious to the public interest; (c) the case involves, or seems likely to involve, some other significant conflict of interest affecting the government, any member of the government or any government department. (3) In this section-- advocate in independent practice" means an advocate not in Crown employment; and Crown employment" means employment under or for the purposes of a government department or a body exercising functions on behalf of the Crown."")
Schedule 5
BY THE LORD CHANCELLOR
Page 66, leave out line 1 and insert ("If the Lord Chancellor has decided to refuse the application he shall also")
Page 68, line 36, at end insert-- ("( ) The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel.")
Page 68, leave out line 39 and insert ("If the Lord Chancellor has decided to refuse the application he shall also")
Page 69, line 4, leave out from ("Chancellor") to ("he") in line 6 and insert ("considers-- (a) that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or (b) that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,")
BY THE LORD KINGSLAND THE LORD GOODHART
Page 69, line 5, leave out from ("to") to end of line 6 and insert ("change-- (a) a right to conduct litigation or right of audience granted by an authorised body; (b) a requirement as to the education and training which members of the body must receive in order to be entitled to exercise such a right; or (c) a rule as to the conduct required of members of the body exercising such a right, he may give written notice to the body identifying the provisions of its qualification regulations or rules of conduct which he proposes to alter to give effect to the change.")
BY THE LORD CHANCELLOR
Page 69, line 35, leave out ("may") and insert ("shall")
Page 69, line 44, leave out ("may") and insert ("shall")
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
Page 70, line 28, 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.")
Page 73, line 2, at end insert-- ("( ) The Lord Chancellor shall not decide to make the recommendation unless at least two of the designated judges have advised him that the recommendation should be made.")
BY THE LORD CHANCELLOR
Page 70, line 39, leave out from beginning to ("of") in line 40 and insert ("If the Lord Chancellor has decided to make the alterations he shall also notify the authorised body")
Page 73, line 21, at end insert ("and of his reasons for recommending that it be made")
Clause 35
BY THE LORD CHANCELLOR
Page 20, line 27, after ("act") insert ("with independence")
BY THE LORD HACKING THE LORD BORRIE THE LORD PHILLIPS OF SUDBURY
Page 20, line 32, at end insert-- ("(2B) Where any person who exercises before any court a right of audience granted by an authorised body is employed as an advocate and is dismissed from his employment, then he shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he acted in a manner which was not consistent with the best interests of the employer, or otherwise failed in his duty to his employer, when such action or failure to act occurred by reason of his compliance with either or both of the duties described in section 2A of this Act."")
BY THE LORD KINGSLAND
Page 20, line 32, at end insert-- ("(2B) An act committed by a person not subject to the rules of conduct of an authorised body and-- (a) which is intended by him to bring about in a breach by another of the duty imposed by subsection (2A)(a); or (b) which he ought reasonably to appreciate is likely to bring about such a breach, shall be punishable as a contempt of the court concerned; and that is so whether or not the person committing the alleged contempt knew (or ought to have known) that the conduct intended (or likely) to be brought about on the part of the other amounted in law to a breach of that duty."")
BY THE LORD CHANCELLOR
Page 20, line 37, after ("act") insert ("with independence")
BY THE LORD HACKING THE LORD BORRIE THE LORD PHILLIPS OF SUDBURY
Page 20, line 42, at end insert-- ("(2B) Where any person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body is employed to provide legal services and is dismissed from his employment, then he shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he acted in a manner which was not consistent with the best interests of the employer, or otherwise failed in his duty to his employer, when such action or failure to act occurred by reason of his compliance with either or both of the duties described in section 2A of this Act."")
BY THE LORD KINGSLAND
Page 20, line 42, at end insert-- ("(2B) An act committed by a person not subject to the rules of conduct of an authorised body and-- (a) which is intended by him to bring about in a breach by another of the duty imposed by subsection (2A)(a); or (b) which he ought reasonably to appreciate is likely to bring about such a breach, shall be punishable as a contempt of the court concerned; and that is so whether or not the person committing the alleged contempt knew (or ought to have known) that the conduct intended (or likely) to be brought about on the part of the other amounted in law to a breach of that duty."")
After Clause 36
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD
Insert the following new Clause--
(" .--(1) The restrictions on a right of a public notary to practice as a notary or to perform or certify any notarial act within the jurisdiction of the Incorporated Company of Scriveners of London shall be abolished. (2) The following enactments shall cease to have effect-- (a) section 13 of the Public Notaries Act 1801; (b) section 6 of the Public Notaries Act 1843; and (c) section 57(11) of the Courts and Legal Services Act 1990.")		Abolition of certain restrictions on public notary to practice as a notary.
Clause 58
BY THE LORD JENKIN OF RODING
Leave out Clause 58



© Parliamentary copyright 1999	Prepared 10 February 1999