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 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-

Clauses 13 and 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.

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--
(a)  shall by order make provision about the payments which may be made by the Commission in respect of any representation provided by non-contracted private practitioners, and

(b)  may by order make any other provision requiring the Commission to discharge the function in subsection (3) in accordance with the order.
    (3B)  For the purposes of subsection (3A)(a) 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 Criminal Defence Service, nor

(b)  the Commission itself or a body established or maintained by the Commission.
    (3C)  The provision which the Lord Chancellor is required to make by order under subsection (3A)(a) includes provision for reviews of, or appeals against, determinations required for the purposes of the order.")

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--
(a)  duties to avoid discrimination,

(b)  duties to protect the interests of the individuals for whom services are provided,

(c)  duties to the court,

(d)  duties to avoid conflicts of interest, and

(e)  duties of confidentiality.
    (3)  The Commission may from time to time prepare a revised version of the code.

    (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--
(a)  the code as first approved by the Lord Chancellor, and

(b)  where he approves a revised version, either the revisions or the revised code as appropriate.
    (8)  The code, and any revised version of the code, shall not come into force until it has been approved by a resolution of each House of Parliament.") 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--
(a)  publish, or

(b)  require the Commission to publish,
any guidance given under this section.") 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--
(a)  the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies,

(b)  the cost to public funds, and

(c)  the need to secure value for money.
    (1C)  In subsections (1A) and (1B) "remuneration order" means an order under section 7(3A), 13(2A) or 14(3A) which relates to the payment by the Commission of remuneration--

(a)  for the provision of services by persons or bodies in individual cases, or

(b)  by reference to the provision of services by persons or bodies in specified numbers of cases.")

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--
(a)  publish, or

(b)  require the Commission to publish,
any directions given by him under this Part.")

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

© Parliamentary copyright 1999
Prepared 16 February 1999