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 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-

Clause 1
Schedule 1
Clauses 2 to 7
Schedule 2
Clauses 8 to 14
Schedule 3
Clauses 15 to 22
Schedule 4
Clauses 23 to 34
Schedule 5
Clauses 35 and 36
Schedule 6      Clauses 37 to 50
Schedule 7
Clause 51
Schedule 8
Clauses 52 to 60
Schedule 9
Clauses 61 to 74
Schedule 10
Clause 75
Schedule 11
Clauses 76 to 79

[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--
(a)  that persons have access to legal services and the machinery of justice which they would otherwise be unable to obtain on account of their means;

(b)  that such access is not to be impaired on account of disability (within the meaning of the Disability Discrimination Act 1995) or the place in England and Wales where any legal services are sought;

(c)  that legal services and facilities of high quality be available such that disputes may be resolved, and proceedings determined, expeditiously, fairly and with the parties placed on an equal footing.")
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--
("(  )  consumer affairs,")

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--
(a)  a detailed breakdown of the types of case for which advice and assistance was granted, and the implied hours worked,

(b)  the number of applications for assistance received,

(c)  the number of cases for which assistance was granted or refused, and on what grounds,

(d)  the number of appeals against refusal, and the outcome of such appeals,

(e)  financial information about eligibility and contributions.")

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
(h)  to pay fees and disbursements on account by way of loans to solicitors and barristers.")

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--
(a)  to delegate any function specified in the order or to delegate any function so specified to a person (or person of a description) so specified,

(b)  not to delegate any function so specified or not to delegate any function so specified to a person (or person of a description) so specified, or

(c)  to make arrangements such as are specified in the order in relation to the delegation of any function so specified.")

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--
(a)  a person or body in receipt of grants or loans made by the Commission as part of the Community Legal Service, nor

(b)  the Commission itself or a body established or maintained by the Commission.")

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
(b)  after taking into account the need for services of the descriptions specified in section 5(1A).")

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--
(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.")

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
(b)  may authorise the Commission to fund the provision of any of those services in specified circumstances or, if the Commission request him to do so, in an individual case.
    (8)  The Lord Chancellor shall either--
(a)  publish, or

(b)  require the Commission to publish,
any authorisation under subsection (7)(b) unless it relates to an individual case (in which case he or the Commission may publish it if appropriate).")

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