Access to Justice Bill [H.L.]

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House of Lords

Session 1998-99
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Access to Justice Bill [H.L.]

This is the text of the Access to Justice Bill [H.L.], as amended on Report in the House of Lords and printed on 16th February 1999.

Access to Justice Bill [H.L.]

ARRANGEMENT OF CLAUSES

PART I

THE LEGAL SERVICES COMMISSION

Principles

Clause

1. Principles applicable to Part I.

The Commission

2. The Legal Services Commission.

3. Power to replace Commission with two bodies.

4. Powers of Commission.

The Community Legal Service

5. The Community Legal Service.

6. Funding of services.

7. Services which may be funded.

8. Individuals for whom services may be funded.

9. Code about provision of funded services.

10. Procedure relating to funding code.

11. Terms of provision of funded services.

12. Costs in funded cases.

The Criminal Defence Service

13. The Criminal Defence Service.

14. Advice and assistance.

15. Representation.

16. Code of conduct.

17. Terms of provision of funded services.

18. Funding.

Supplementary

19. Foreign law.

20. Restriction of disclosure of information.

21. Misrepresentation etc.

22. Position of service providers and other parties.

23. Guidance.

24. Consequential amendments.

25. Orders, regulations and directions.

26. Interpretation.

PART II

LEGAL AID IN SCOTLAND

27. Regulations about financial limits in certain proceedings.

28. Recipients of disability working allowance.

PART III

LEGAL SERVICES

Funding

29. Conditional fee agreements.

30. Recovery of insurance premiums by way of costs.

The Legal Services Consultative Panel

31. Replacement of ACLEC by Consultative Panel.

Rights of audience and rights to conduct litigation

32. Barristers and solicitors.

33. Employees of Legal Services Commission.

34. Rights of audience: change of authorised body.

35. Rights to conduct litigation: barristers and legal executives.

36. Authorised bodies: designation and regulations and rules.

37. Overriding duties of advocates and litigators.

38. Minor and consequential amendments.

Public notaries

39. Public notaries: abolition of scriveners' monopoly.

PART IV

APPEALS, COURT PROCEEDINGS AND JUDGES

Right of appeal

40. Permission to appeal.

41. Second appeals.

Destination of appeals

42. Power to prescribe alternative destination.

43. Assignment of appeals to Court of Appeal.

Civil division of Court of Appeal

44. Composition.

45. Registrar of civil appeals.

Jurisdiction of single judge of High Court

46. Criminal causes and matters.

47. Contempt of court.

48. Habeas corpus.

Miscellaneous

49. Cases stated by Crown Court for opinion of High Court.

50. Vice-president of the Queen's Bench Division.

51. Reporting of proceedings relating to children.

PART V

MAGISTRATES AND MAGISTRATES' COURTS

Territorial organisation

52. Commission areas.

53. Petty sessions areas.

54. Consequential provision.

Justices

55. Unification and renaming of stipendiary bench.

56. Justices not to sit on committal for sentence.

57. Jurisdiction over offences outside area.

Magistrates' courts committees

58. Areas outside Greater London.

59. Constitution of committees outside Greater London.

60. Greater London Magistrates' Courts Authority.

61. Standard goods and services.

Justices' chief executives, justices' clerks and staff

62. Qualification for appointment as chief executive.

63. Role of chief executives.

64. Independence of clerks and staff exercising legal functions.

65. Transfer of clerks' functions to chief executives.

66. Accounting etc. functions of chief executives.

Execution of warrants

67. Civilian enforcement officers.

68. Approved enforcement agencies.

69. Warrants of detention.

70. Execution by person not in possession of warrant.

71. Cessation of warrants.

PART VI

IMMUNITY AND INDEMNITY

Justices and their clerks

72. Justices and clerks: immunity from costs.

73. Justices and clerks: indemnity.

74. Assistant justices' clerks: immunity from action.

General Commissioners of income tax and their clerks

75. General Commissioners: immunity from action.

76. General Commissioners: immunity from costs and expenses.

77. General Commissioners and clerks: indemnity.

Coroners

78. Indemnity.

PART VII

SUPPLEMENTARY

79. Transitional provisions and savings.

80. Repeals and revocations.

81. Crown application.

82. Commencement.

83. Extent.

84. Short title.

SCHEDULES:

    Schedule 1 - The Legal Services Commission.

    Schedule 2 - Community Legal Service: excluded services.

    Schedule 3 - Criminal Defence Service: right to representation.

    Schedule 4 - Amendments consequential on Part I.

    Schedule 5 - Authorised bodies: designation and regulations and rules.

    Schedule 6 - Rights of audience and rights to conduct litigation: amendments.

    Schedule 7 - Commission areas and petty sessions areas: amendments.

    Schedule 8 - Unification and renaming of stipendiary bench: amendments.

    Schedule 9 - Functions transferred to justices' chief executives.

    Schedule 10 - Transitional provisions and savings.

    Part I - General.

    Part II - Legal Services Commission.

    Part III - Legal services.

    Part IV - Reporting of proceedings about children.

    Part V - Magistrates and magistrates' courts.

    Schedule 11 - Repeals and revocations.

    Part I - Legal Services Commission.

    Part II - Legal services.

    Part III - Appeals etc.

    Part IV - Magistrates and magistrates' courts.

    Part V - Immunity and indemnity.

© Parliamentary copyright 1999
Prepared 17 February 1999