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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 Second 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. | ||||||
Clause 13 | ||||||
BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART | ||||||
97 | Page 9, line 27, leave out from beginning to ("or") | |||||
98 | Page 9, line 29, at end insert ("except itself providing advice and assistance") | |||||
BY THE LORD CHANCELLOR | ||||||
99 |
Page 9, line 29, at end insert-- ("(2A) The Lord Chancellor may by order require the Commission to discharge the function in subsection (2) in accordance with the order.") | |||||
Clause 14 | ||||||
BY THE LORD CHANCELLOR | ||||||
100 | Page 9, line 33, leave out from ("3") to end of line 38 and insert ("(which makes provision about the grant of a right to representation in criminal proceedings) has effect; and the Commission shall fund representation to which an individual has been granted a right in accordance with that Schedule.") | |||||
100A | Page 9, line 40, leave out ("(2)") and insert ("(1)") | |||||
101 | Page 10, line 7, leave out ("or loans") | |||||
BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART | ||||||
102 | Page 10, line 9, leave out from beginning to ("or") | |||||
BY THE LORD KINGSLAND | ||||||
103 | Page 10, line 9, after ("representation") insert ("for the purposes of a criminal investigation or of criminal proceedings in a magistrates' court,") | |||||
BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART | ||||||
104 | Page 10, line 11, at end insert ("except itself providing representation") | |||||
BY THE LORD CHANCELLOR | ||||||
105 5 |
Page 10, line 11, at end insert-- ("(3A) The Lord Chancellor--
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BY THE LORD KINGSLAND THE LORD GOODHART [As an amendment to amendment 105] | ||||||
106 | Line 5, after ("practitioners") insert ("(which provision shall require that the remuneration for such representation in each case be quantified and paid separately from other funded services)") | |||||
BY THE LORD CHANCELLOR | ||||||
106A | Page 10, line 18, leave out ("(2)") and insert ("(1)") | |||||
107 | Page 10, line 18, leave out ("making payments to") and insert ("funding representation by") | |||||
108 | Page 10, line 27, leave out ("only one representative or") | |||||
109 | Page 10, line 28, after ("representatives") insert ("to act for him at any one time") | |||||
110 | Page 10, line 30, leave out ("if another representative has been") and insert ("in place of a representative") | |||||
111 3 |
Page 10, line 31, at end insert-- ("( ) Regulations under subsection (6) may not provide that an individual may select only a person employed by the Commission.") | |||||
BY THE LORD THOMAS OF GRESFORD THE LORD GOODHART [As an amendment to amendment 111] | ||||||
112 | Line 3, at end insert ("or may not select a non-contracted private practitioner who is accredited to provide services of the kind required.") | |||||
BY THE LORD CHANCELLOR | ||||||
113 | Page 10, line 32, leave out subsection (7) | |||||
Schedule 3 | ||||||
BY THE LORD CHANCELLOR | ||||||
114 | Page 56, line 9, after second ("of") insert ("any kind of") | |||||
115 |
Page 56, line 10, leave out from ("to") to end of line 23 and insert ("an individual such as is mentioned in relation to that kind of proceedings in section 12(3). (2) A right of representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity. (3) In this Schedule "court" includes any body before which criminal proceedings take place.") | |||||
116 | Page 57, line 6, leave out from ("of") to ("and") in line 7 and insert ("any one or more of the descriptions of proceedings prescribed under section 12(3)(f),") | |||||
117 | Page 57, leave out lines 8 to 12 | |||||
118 | Page 57, line 16, leave out from ("make") to ("such") in line 20 | |||||
119 | Page 57, line 31, leave out from ("individual") to ("serious") in line 33 and insert ("would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer") | |||||
120 | Page 57, line 35, leave out ("the case") and insert ("any matter arising in the proceedings") | |||||
121 | Page 57, line 39, leave out from ("whether") to end of line 41 and insert ("the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual,") | |||||
Before Clause 15 | ||||||
BY THE LORD CHANCELLOR | ||||||
122 | Insert the following new Clause-- | |||||
(".--(1) The Commission shall prepare a code of conduct to be observed by employees of the Commission in the provision of services as part of the Criminal Defence Service. (2) The code shall include--
(4) Before preparing or revising the code the Commission shall undertake such consultation as appears to it to be appropriate. (5) After preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor. (6) If he approves it he shall lay it before each House of Parliament. (7) The Commission shall publish--
| Code of conduct. | |||||
Clause 15 | ||||||
BY THE LORD CHANCELLOR | ||||||
123 | Leave out Clause 15 | |||||
Clause 16 | ||||||
BY THE LORD CHANCELLOR | ||||||
124 | Page 11, line 26, after ("made") insert ("and what that person or body is to do with them") | |||||
Clause 17 | ||||||
BY THE LORD CHANCELLOR | ||||||
125 | Page 11, line 38, leave out subsection (4) | |||||
Clause 18 | ||||||
BY THE LORD CHANCELLOR | ||||||
126 | Page 11, line 43, at end insert ("unless any such law is relevant for determining any issue relating to the law of England and Wales.") | |||||
127 | Page 12, line 3, leave out ("directions given by him under section 4") and insert ("order") | |||||
128 | Page 12, line 6, leave out ("by the directions") and insert ("in the order") | |||||
Clause 19 | ||||||
BY THE LORD CHANCELLOR | ||||||
129 | Page 12, line 31, leave out ("apply to") and insert ("limit the disclosure of") | |||||
130 | Page 12, line 36, leave out from ("Commission") to end of line 40 | |||||
131 |
Page 13, line 2, at end insert-- ("(7) Nothing in this section applies to information furnished to a person providing services funded as part of the Community Legal Service or the Criminal Defence Service by or on behalf of an individual seeking or receiving such services.") | |||||
After Clause 21 | ||||||
BY THE LORD CHANCELLOR | ||||||
132 | Insert the following new Clause-- | |||||
(".--(1) The Lord Chancellor may give guidance to the Commission as to the manner in which he considers it should discharge its functions. (2) The Commission shall take into account any such guidance when considering the manner in which it is to discharge its functions. (3) Guidance may not be given under this section in relation to individual cases. (4) The Lord Chancellor shall either--
| Guidance. | |||||
Clause 23 | ||||||
BY THE LORD CHANCELLOR | ||||||
133 | Page 14, line 21, after ("power") insert ("of the Lord Chancellor") | |||||
134 13 |
Page 14, line 22, at end insert-- ("(1A) Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the Lord Chancellor shall consult the General Council of the Bar and the Law Society. (1B) When making any remuneration order the Lord Chancellor shall have regard to--
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BY THE LORD KINGSLAND THE LORD GOODHART [As an amendment to amendment 134] | ||||||
135 | Line 13, after ("section") insert ("6(6)") | |||||
BY THE LORD CHANCELLOR | ||||||
136 |
Page 14, line 22, at end insert-- ("( ) No directions may be given by the Lord Chancellor to the Commission under this Part in relation to individual cases. ( ) Any directions given by the Lord Chancellor to the Commission under this Part may be varied or revoked. ( ) The Lord Chancellor shall either--
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137 | Page 14, line 23, leave out ("Regulations") and insert ("Orders, regulations and directions of the Lord Chancellor") | |||||
138 | Page 14, line 25, after ("2") insert ("or 9 or paragraph 6(3) of Schedule 3") | |||||
139 | Page 14, line 26, leave out ("4") and insert ("5") | |||||
Clause 24 | ||||||
BY THE LORD CHANCELLOR | ||||||
140 | Page 14, leave out line 36 |
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© Parliamentary copyright 1999 | Prepared 16 February 1999 |