![]() 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 Marshalled List of Amendments to the Access to Justice Bill [H.L.] to be moved on Report in the House of Lords. |
The amendments have been marshalled in accordance with the order of 4th February 1999, as follows- | ||||||
[Amendments marked * are new or have been altered] | ||||||
Amendment No. | ||||||
Before Clause 1 | ||||||
BY THE LORD LLOYD OF BERWICK THE LORD KINGSLAND THE LORD GOODHART THE LORD ACKNER | ||||||
1 | Insert the following new Clause-- | |||||
("Principles to be applied | ||||||
.--(1) Every person exercising functions in connection with this Part must act, so far as possible, in a way which is compatible with the objectives set out in subsection (2). (2) The objectives are--
| Principles applicable to Part I. | |||||
Clause 1 | ||||||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND THE LORD HUNT OF WIRRAL THE LORD ARCHER OF SANDWELL | ||||||
2 |
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.") | |||||
BY THE LORD PHILLIPS OF SUDBURY THE LORD GOODHART | ||||||
3 |
Page 2, line 3, at end insert-- ("( ) The Commission shall include at least two solicitors, one barrister and one representative of consumers each of whom shall have substantial experience 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.") | |||||
BY THE LORD CHANCELLOR | ||||||
4 | Page 2, line 6, leave out ("persons with") and insert ("members who (between them) have") | |||||
5 |
Page 2, line 9, at end insert--
| |||||
Schedule 1 | ||||||
BY THE LORD CHANCELLOR | ||||||
6 | Page 51, line 32, leave out ("direct") and insert ("require") | |||||
7 | Page 51, line 41, leave out ("specified description") and insert ("description specified by the Lord Chancellor by direction given to the Commission") | |||||
8 | Page 51, leave out lines 43 to 45 | |||||
9 | Page 52, line 29, leave out ("regulations") and insert ("any instrument made under this Part") | |||||
10 | Page 52, line 31, leave out ("Subject to anything in regulations,") | |||||
11 |
Page 52, line 34, at end insert-- ("but the Lord Chancellor may by direction require the Commission to make such provision relating to committees as is specified in the direction.") | |||||
12 | Page 52, line 35, leave out ("directions") and insert ("instructions") | |||||
BY THE LORD SIMON OF GLAISDALE | ||||||
13* | Page 52, leave out lines 41 to 43 | |||||
BY THE LORD CHANCELLOR | ||||||
14 |
Page 53, line 12, at end insert-- ("( ) The Lord Chancellor may by direction require the Commission to deal with the matters specified in the direction in reports, or a particular report, under this paragraph.") | |||||
BY THE LORD ARCHER OF SANDWELL | ||||||
15 |
Page 53, line 12, at end insert-- ("( ) In relation to services funded from the Community Legal Service Fund the report shall specify--
| |||||
BY THE LORD CHANCELLOR | ||||||
16 | Page 53, line 14, at end insert ("and the Commission shall publish a report once it has been so laid.") | |||||
BY THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY | ||||||
17 | Page 53, line 21, after ("out") insert ("the results of its assessment of need under section 5(4) and") | |||||
BY THE LORD CHANCELLOR | ||||||
18 |
Page 53, line 25, at end insert-- ("( ) The Lord Chancellor may by direction require the Commission to deal with the matters specified in the direction in plans, or a particular plan, under sub-paragraph (1).") | |||||
19 | Page 53, line 28, leave out from ("shall") to end of line 29 and insert ("lay a copy before each House of Parliament and the Commission shall publish the plan once it has been so laid.") | |||||
20 |
Page 53, line 30, leave out from ("shall") to ("it") in line 31 and insert ("by direction require the Commission to revise it in accordance with the direction; and the direction shall include the Lord Chancellor's reasons for not approving the plan. ( ) When the Commission has revised the plan") | |||||
21 | Page 53, line 33, at end insert ("and the Commission shall publish the revised plan once it has been so laid.") | |||||
22 | Page 53, line 38, leave out ("direct") and insert ("specify by direction given to the Commission") | |||||
Clause 3 | ||||||
BY THE LORD SIMON OF GLAISDALE THE LORD BRIGHTMAN | ||||||
23 | Page 2, line 37, at end insert ("in such manner as is available to a trustee") | |||||
BY THE LORD CLINTON-DAVIS THE LORD ARCHER OF SANDWELL | ||||||
24 |
Page 2, line 43, at end insert (", and
| |||||
BY THE LORD SIMON OF GLAISDALE THE LORD BRIGHTMAN | ||||||
25 | Page 3, line 2, leave out from ("money") to end of line | |||||
BY THE LORD SIMON OF GLAISDALE | ||||||
26 | Page 3, line 5, leave out from ("functions") to end of line 8 | |||||
BY THE LORD CHANCELLOR | ||||||
27 |
Page 3, line 5, leave out from second ("of") to end of line 8 and insert ("any of its functions. ( ) The Lord Chancellor may by order require the Commission--
| |||||
Clause 4 | ||||||
BY THE LORD CHANCELLOR | ||||||
28 | Leave out Clause 4 | |||||
Clause 5 | ||||||
BY THE LORD CHANCELLOR | ||||||
29 |
Page 3, line 21, leave out from ("Service") to end of line 22 and insert ("for the purpose of promoting the availability to individuals of services of the descriptions specified in subsection (1A) and, in particular, for securing (within the resources made available, and priorities set, in accordance with this Part) that individuals have access to services of a type and quality appropriate to meet their needs. (1A) The descriptions of services referred to in subsection (1) are--") | |||||
30 |
Page 3, line 33, leave out subsection (2) and insert-- ("(2) Services which the Commission can fund as part of the Criminal Defence Service do not fall within subsection (1A).") | |||||
31 | Page 3, line 36, leave out ("(1)") and insert ("(1A)") | |||||
32 | Page 3, line 39, leave out ("(1)") and insert ("(1A)") | |||||
33 |
Page 4, line 3, at end insert-- ("and the Commission shall notify the Lord Chancellor of what it has done under this subsection.") | |||||
34 |
Page 4, line 5, leave out from ("subsection") to end of line 6 and insert ("(1A). (6) In particular, the Commission may accredit, or authorise others to accredit, persons or bodies providing services of the descriptions specified in subsection (1A); and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.") | |||||
35 |
Page 4, line 6, at end insert-- ("( ) The Lord Chancellor may by order require the Commission to discharge the functions in subsections (4) to (6) in accordance with the order.") | |||||
Clause 6 | ||||||
BY THE LORD CLINTON-DAVIS THE LORD GOODHART THE LORD ARCHER OF SANDWELL THE LORD ACKNER | ||||||
36 | Page 4, line 12, after ("appropriate") insert (", having regard to the information gathered under section 5(4),") | |||||
BY THE LORD CHANCELLOR | ||||||
37 |
Page 4, line 16, at end insert-- ("( ) In making any determination under subsection (2) the Lord Chancellor shall take into account (in addition to such other factors as he considers relevant) the need for services of the descriptions specified in subsection (1A) of section 5 as notified to him by the Commission under subsection (4) of that section.") | |||||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND THE LORD HUNT OF WIRRAL THE LORD GOODHART | ||||||
38 |
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.") | |||||
BY THE LORD CHANCELLOR | ||||||
39 | Page 4, line 21, leave out ("Directions given by the Lord Chancellor under section 4 may") and insert ("The Lord Chancellor may by direction") | |||||
BY THE LORD KINGSLAND THE LORD GOODHART | ||||||
40 |
Page 4, line 26, at end insert-- ("(6) The Lord Chancellor shall by order make provision about the payments which may be made by the Commission in respect of advocacy provided by non-contracted private practitioners in cases funded as part of the Community Legal Service; and such provision shall require that the remuneration for such advocacy in each case be quantified and paid separately from other funded services. (7) For the purposes of subsection (6), representation is provided by a non-contracted private practitioner if it is provided, otherwise than pursuant to a contract entered into by the Commission, by a person or body which is neither--
| |||||
Clause 7 | ||||||
BY THE LORD GOODHART THE LORD THOMAS OF GRESFORD | ||||||
41 | Page 4, line 29, leave out ("directions given") and insert ("order made") | |||||
BY THE LORD CHANCELLOR | ||||||
42 | Page 4, line 29, leave out ("under section 4") | |||||
43 |
Page 4, line 30, at end insert (", and
| |||||
BY THE LORD PHILLIPS OF SUDBURY THE LORD GOODHART THE LORD ACKNER THE LORD ARCHER OF SANDWELL | ||||||
44 |
Page 4, line 30, at end insert-- ("( ) In funding services as part of the Community Legal Service, the Commission shall aim to obtain the best long term value for money on the basis that all persons and bodies applying for funding who meet the standards set by the Commission shall be able to provide services for individuals under this Part of this Act on terms as to remuneration and otherwise, set by contract or by regulations.") | |||||
BY THE LORD CHANCELLOR | ||||||
45 | Page 4, line 44, leave out ("(or groups of individuals)") | |||||
46 |
Page 5, line 3, at end insert-- ("(3A) The Lord Chancellor may by order require the Commission to discharge the function in subsection (3) in accordance with the order.") | |||||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND THE LORD HUNT OF WIRRAL THE LORD PHILLIPS OF SUDBURY | ||||||
47 |
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.") | |||||
BY THE LORD CHANCELLOR | ||||||
48 | Page 5, line 6, leave out ("in different areas") and insert ("in relation to different areas or communities") | |||||
BY THE LORD KINGSLAND THE LORD GOODHART | ||||||
49 | Page 5, line 8, after ("not") insert ("(except as provided by subsection (6A))") | |||||
BY THE LORD ARCHER OF SANDWELL | ||||||
50 |
Page 5, line 9, at end insert-- ("( ) Paragraph 3(a) of Schedule 2 shall not preclude the funding of services in proceedings for negligence (other than proceedings for clinical negligence) where the alleged damage is to the person in any case where the Commission is not satisfied that adequate arrangements can be made in that case for the services in question to be funded in some other way.") | |||||
BY THE LORD CLINTON-DAVIS THE LORD KINGSLAND THE LORD ARCHER OF SANDWELL | ||||||
51 | Page 5, line 10, after ("may") insert ("(except as provided by subsection (6A))") | |||||
52 |
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--
| |||||
BY THE LORD KINGSLAND THE LORD GOODHART THE LORD PHILLIPS OF SUDBURY THE LORD ACKNER | ||||||
53 |
Page 5, line 11, at end insert-- ("(6A) Services consisting of the provision of help in bringing or defending particular proceedings for negligence (other than clinical negligence) where the alleged damage is to the person are not prevented by paragraph 3(a) of Schedule 2 from being funded as part of the Community Legal Service unless the Commission is satisfied that adequate arrangements can be made in that case for the services in question to be funded in some other way.") | |||||
BY THE LORD CHANCELLOR | ||||||
54 | Page 5, line 12, leave out ("give directions under section 4 requiring or authorising") and insert ("by direction require") | |||||
55 |
Page 5, line 14, leave out ("by the directions") and insert ("in the direction, and
| |||||
BY THE LORD ARCHER OF SANDWELL | ||||||
56 | Page 5, line 14, at end insert ("including such provision in an individual case") |
![]() ![]() ![]() ![]() ![]() ![]() | |
© Parliamentary copyright 1999 | Prepared 11 February 1999 |