House of Lords Amendments - Access to Justice Bill [H.L.]

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 Amendments to the Access to Justice Bill [H.L.] to be moved on Third Reading in the House of Lords.

Clause 11

BY THE LORD CHANCELLOR

     Page 8, line 23, leave out ("conduct such as is specified in section 9(2)(f)") and insert ("relevant conduct")

     Page 8, line 31, at end insert--

("and in paragraph (b) "relevant conduct" means conduct in connection with the services (or any application for their funding) or in, or in connection with, any proceedings in relation to which they are provided.")

Clause 40

BY THE LORD CHANCELLOR

     Page 25, line 20, after ("court") insert ("or courts")

     Page 25, line 24, at end insert--

    ("(  )  No appeal may be made against a decision of a court under this section to give or refuse permission (but this subsection does not affect any right under rules of court to make a further application for permission to the same or another court.")

After Clause 44

BY THE LORD CHANCELLOR

     Insert the following new Clause--

    (". For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute-- Calling into question of incidental decisions.
1981 c. 54.

Calling into question of incidental decisions in civil division.      58.--(1) Rules of court may provide that decisions of the Court of Appeal which--
(a)  are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court, and

(b)  do not involve the determination of an appeal or of an application for permission to appeal,
may be called into question in such manner as may be prescribed.

    (2)  No appeal shall lie to the House of Lords from a decision which may be called into question pursuant to rules under subsection (1)."")

Clause 82

BY THE LORD CHANCELLOR

     Page 52, line 26, leave out ("and") and insert--
("(  )  Schedule 10,")

     Page 52, line 28, at end insert ("and
(  )  section 81.")

Clause 83

BY THE LORD CHANCELLOR

     Page 52, line 34, leave out from (" 77") to ("this") in line 4 on page 53 and insert ("extend to England and Wales, Scotland and Northern Ireland.

    (4)  The other provisions of this Act which make amendments or repeals or revocations in other enactments also have the same extent as the enactments which they amend or repeal or revoke.

    (4A)  Subject to subsection (4), the provisions of this Part (including paragraph 1, but not the rest, of Schedule 10) extend to England and Wales, Scotland and Northern Ireland.

    (5)  Subject to the preceding provisions,")

Schedule 1

BY THE LORD CHANCELLOR

     Page 57, line 33, at end insert--

("and the plan shall include a summary of what the Commission has ascertained in the exercise of its functions under section 5(5).")

     Page 58, leave out lines 7 to 32 and insert--

    ("(3)  The Commission shall send a copy of the statement of accounts in respect of each financial year to the Lord Chancellor and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Lord Chancellor may specify by direction given to the Commission.

    (4)  The Comptroller and Auditor General shall--
(a)  examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

(b)  lay a copy of each such statement of accounts, and his report on it, before each House of Parliament.")

Schedule 2

BY THE LORD CLINTON-DAVIS

     Page 59, line 28, at end insert--
("(  )  proceedings in coroner's inquests into death in appropriate cases")

Schedule 11

BY THE LORD CHANCELLOR

     Page 111, column 3, leave out line 42

© Parliamentary copyright 1999
Prepared 12 March 1999

Clause 11
BY THE LORD CHANCELLOR
Page 8, line 23, leave out ("conduct such as is specified in section 9(2)(f)") and insert ("relevant conduct")
Page 8, line 31, at end insert-- ("and in paragraph (b) "relevant conduct" means conduct in connection with the services (or any application for their funding) or in, or in connection with, any proceedings in relation to which they are provided.")
Clause 40
BY THE LORD CHANCELLOR
Page 25, line 20, after ("court") insert ("or courts")
Page 25, line 24, at end insert-- ("( ) No appeal may be made against a decision of a court under this section to give or refuse permission (but this subsection does not affect any right under rules of court to make a further application for permission to the same or another court.")
After Clause 44
BY THE LORD CHANCELLOR
Insert the following new Clause--
(". For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute--		Calling into question of incidental decisions. 1981 c. 54.
Calling into question of incidental decisions in civil division.	58.--(1) Rules of court may provide that decisions of the Court of Appeal which-- (a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court, and (b) do not involve the determination of an appeal or of an application for permission to appeal, may be called into question in such manner as may be prescribed. (2) No appeal shall lie to the House of Lords from a decision which may be called into question pursuant to rules under subsection (1)."")
Clause 82
BY THE LORD CHANCELLOR
Page 52, line 26, leave out ("and") and insert-- ("( ) Schedule 10,")
Page 52, line 28, at end insert ("and ( ) section 81.")
Clause 83
BY THE LORD CHANCELLOR
Page 52, line 34, leave out from (" 77") to ("this") in line 4 on page 53 and insert ("extend to England and Wales, Scotland and Northern Ireland. (4) The other provisions of this Act which make amendments or repeals or revocations in other enactments also have the same extent as the enactments which they amend or repeal or revoke. (4A) Subject to subsection (4), the provisions of this Part (including paragraph 1, but not the rest, of Schedule 10) extend to England and Wales, Scotland and Northern Ireland. (5) Subject to the preceding provisions,")
Schedule 1
BY THE LORD CHANCELLOR
Page 57, line 33, at end insert-- ("and the plan shall include a summary of what the Commission has ascertained in the exercise of its functions under section 5(5).")
Page 58, leave out lines 7 to 32 and insert-- ("(3) The Commission shall send a copy of the statement of accounts in respect of each financial year to the Lord Chancellor and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Lord Chancellor may specify by direction given to the Commission. (4) The Comptroller and Auditor General shall-- (a) examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and (b) lay a copy of each such statement of accounts, and his report on it, before each House of Parliament.")
Schedule 2
BY THE LORD CLINTON-DAVIS
Page 59, line 28, at end insert-- ("( ) proceedings in coroner's inquests into death in appropriate cases")
Schedule 11
BY THE LORD CHANCELLOR
Page 111, column 3, leave out line 42