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

Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords - continued	House of Lords
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	After Clause 30
68	Insert the following new Clause--
	(".--(1) This section applies where a body of a prescribed description undertakes to meet (in accordance with arrangements satisfying prescribed conditions) liabilities which members of the body or other persons who are parties to proceedings may incur to pay the costs of other parties to the proceedings. (2) If in any of the proceedings a costs order is made in favour of any of the members or other persons, the costs payable to him may, subject to subsection (3) and (in the case of court proceedings) to rules of court, include an additional amount in respect of any provision made by or on behalf of the body in connection with the proceedings against the risk of having to meet such liabilities. (3) But the additional amount shall not exceed a sum determined in a prescribed manner; and there may, in particular, be prescribed as a manner of determination one which takes into account the likely cost to the member or other person of the premium of an insurance policy against the risk of incurring a liability to pay the costs of other parties to the proceedings. (4) In this section "prescribed" means prescribed by regulations made by the Lord Chancellor by statutory instrument; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Regulations under subsection (1) may, in particular, prescribe as a description of body one which is for the time being approved by the Lord Chancellor or by a prescribed person.")		Recovery where body undertakes to meet costs liabilities.
69	Insert the following new Clause--
	(". In section 51 of the Supreme Court Act 1981 (costs), in subsection (2) (rules regulating matters relating to costs), insert at the end "or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs."")		Rules as to costs. 1981 c. 54.
69A	Transpose Clauses 29 to Clause (Rules as to costs) to after Clause 26
	After Clause 32
70	Insert the following new Clause--
	(". In the Courts and Legal Services Act 1990, after section 31 (as substituted by section 32 above) insert--		Rights of audience: employed advocates. 1990 c. 41.
	Employed advocates.	31A.--(1) Where a person who has a right of audience granted by an authorised body is employed as a Crown Prosecutor or in any other description of employment, any qualification regulations or rules of conduct of the body relating to that right which fall within subsection (2) shall not have effect in relation to him. (2) Qualification regulations or rules of conduct relating to a right granted by a body fall within this subsection if-- (a) they limit the courts before which, or proceedings in which, that right may be exercised by members of the body who are employed or limit the circumstances in which that right may be exercised by them by requiring them to be accompanied by some other person when exercising it; and (b) they do not impose the same limitation on members of the body who have the right but are not employed.")
	Clause 33
71	Page 22, line 36, leave out ("31 (as substituted by section 32") and insert ("31A (inserted by section (Rights of audience: employed advocates)")
72	Page 22, line 38, leave out ("31A") and insert ("31B")
73	Page 22, line 40, after ("Commission,") insert ("or by any body established and maintained by the Legal Services Commission,")
74	Page 22, line 41, after ("the") insert ("authorised")
75	Page 23, line 4, leave out ("they") and insert ("either of the conditions specified in subsection (3) is satisfied. (3) Those conditions are-- (a) that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public), and (b) that the rules")
	Clause 34
76	Page 23, line 7, leave out ("31A") and insert ("31B")
77	Page 23, line 9, leave out ("31B") and insert ("31C")
	After Clause 38
78	Insert the following new Clause--
	(".--(1) Where a barrister is employed by--		Barristers employed by solicitors etc.
	(a) a solicitor or other authorised litigator (within the meaning of the Courts and Legal Services Act 1990), or		1990 c. 41.
	(b) a body recognised under section 9 of the Administration of Justice Act 1985 (incorporated solicitors' practices), any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of his employer if either of the conditions specified in subsection (2) is satisfied. (2) Those conditions are-- (a) that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and (b) that the prohibition or limitation does not apply to barristers who provide legal services but are not employees.")		1985 c. 61.
79	Insert the following new Clause--
	(".--(1) A person who applies to the Lord Chancellor to be recommended for appointment as Queen's Counsel in England and Wales shall pay a fee to the Lord Chancellor. (2) The amount of the fee shall be specified by order made by the Lord Chancellor; and in determining that amount the Lord Chancellor shall have regard to the expenses incurred by him in considering such applications. (3) An order under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.		Fees on application for appointment as Queen's Counsel.
	(4) This section does not affect section 9 of the Great Seal (Offices) Act 1874 (under which fees are charged in respect of the grant of Letters Patent under the Great Seal for appointment as Queen's Counsel).")		1874 c. 81.
80	Insert the following new Clause--
	(".--(1) If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a "practising certificate"), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates. (2) Rules made by virtue of subsection (1)-- (a) may provide for the payment of different fees by different descriptions of applicants, but (b) may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers. (3) The Lord Chancellor may by order made by statutory instrument-- (a) amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or (b) vary or revoke an order under paragraph (a). (4) No order shall be made under subsection (3) unless-- (a) the Lord Chancellor has consulted the Council, and (b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (5) No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor. (6) The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.")		Bar practising certificates.
81	Insert the following new Clause--
	(".--(1) The Lord Chancellor may by order made by statutory instrument amend section 11(3) of the Solicitors Act 1974 (power of Law Society to apply fees payable on issue of practising certificates for any of its purposes) by substituting for the purposes referred to in it (at any time)-- (a) the purposes of the regulation, education and training of solicitors and those wishing to become solicitors, or (b) both those purposes and such other purposes as the Lord Chancellor considers appropriate. (2) No order shall be made under this section unless-- (a) the Lord Chancellor has consulted the Master of the Rolls and the Law Society, and (b) a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.")		Fees for solicitors' practising certificates. 1974 c. 47.
82	Insert the following new Clause--
	(". Schedule (Powers of Law Society) which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.")		Law Society's powers in relation to conduct of solicitors etc.
83	Insert the following new Clause--
	(".--(1) Section 23 of the Courts and Legal Services Act 1990 (recommendations of the Legal Services Ombudsman) is amended as follows. (2) In subsection (1)(c) (written report of investigation to be sent to person with respect to whom recommendation is made), after "subsection (2)" insert "or an order under subsection (2A)". (3) In paragraph (e) of subsection (2) (recommendation that costs be paid by person or body to which recommendation under paragraph (c) or (d) applies), for "which a recommendation under paragraph (c) or (d) applies" substitute "pay compensation under paragraph (c) or (d)". (4) After that subsection insert-- (2A) If after completing any investigation under this Act the Ombudsman considers that, rather than recommending the taking of any action by any person or professional body under paragraph (c), (d) or (e) of subsection (2), he should make an order requiring the taking of that action by the person or body-- (a) he shall afford the person or body, and the person who made the allegation, a reasonable opportunity of appearing before him to make representations; and (b) having considered any representations from them, he may, in reporting his conclusions, make the order." (5) In subsections (3) and (4) (reports), after "recommendation" (in each place) insert "or order". (6) In subsection (6) (duty to have regard to Ombudsman's report), for "subsection (1)(b) or (c)" substitute "subsection (1)(b), (c) or (d)". (7) For the sidenote substitute "Recommendations and orders."")		Powers of Ombudsman. 1990 c. 41.
84	Insert the following new Clause--
	(". In paragraph 7 of Schedule 3 to the Courts and Legal Services Act 1990 (financial provisions relating to Legal Services Ombudsman), for sub-paragraph (1) (Ombudsman's expenses to be defrayed by Lord Chancellor) substitute-- (1) The Lord Chancellor may require any professional body (within the meaning of section 22 of this Act) to make payments of such amount as the Lord Chancellor considers appropriate to the Ombudsman towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions. (1A) To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament."")		Funding of Ombudsman by professional bodies. 1990 c. 41.
85	Insert the following new Clause--
	(".--(1) The Lord Chancellor may appoint a person as Legal Services Complaints Commissioner. (2) Any appointment of a person as Commissioner shall be for a period of not more than three years; and a person appointed as Commissioner shall hold and vacate office in accordance with the terms of his appointment. (3) At the end of his term of appointment the Commissioner shall be eligible for re-appointment.		The Commissioner.
	(4) The Commissioner shall not be an authorised advocate, authorised litigator, licensed conveyancer or authorised practitioner (within the meaning of the Courts and Legal Services Act 1990) or a notary. (5) Schedule (Legal Services Complaints Commissioner) (which makes further provision about the Commissioner) has effect")		1990 c. 41.
86	Insert the following new Clause--
	(".--(1) If it appears to the Lord Chancellor that complaints about members of any professional body are not being handled effectively and efficiently, he may by direction require the Legal Services Complaints Commissioner to consider exercising in relation to the body such of the powers in subsection (2) as are specified in the direction. (2) Those powers are-- (a) to require a professional body to provide information, or make reports, to the Commissioner about the handling of complaints about its members, (b) to investigate the handling of complaints about the members of a professional body, (c) to make recommendations in relation to the handling of complaints about the members of a professional body, (d) to set targets in relation to the handling of complaints about the members of a professional body, and (e) to require a professional body to submit to the Commissioner a plan for the handling of complaints about its members. (3) Where the Commissioner requires a professional body to submit to him a plan for the handling of complaints about its members but the body-- (a) fails to submit to him a plan which he considers adequate for securing that such complaints are handled effectively and efficiently, or (b) submits to him such a plan but fails to handle complaints in accordance with it, he may require the body to pay a penalty. (4) Before requiring a professional body to pay a penalty under subsection (3) the Commissioner shall afford it a reasonable opportunity of appearing before him to make representations. (5) The Lord Chancellor shall by order made by statutory instrument specify the maximum amount of any penalty under subsection (3). (6) In determining the amount of any penalty which a professional body is to be required to pay under subsection (3) the Commissioner shall have regard to all the circumstances of the case, including in particular-- (a) the total number of complaints about members of the body and, where the penalty is imposed in respect of a failure to handle complaints in accordance with a plan, the number of complaints not so handled, and (b) the assets of the body and the number of its members. (7) A penalty under subsection (3) shall be paid to the Commissioner who shall pay it to the Lord Chancellor.		Commissioner's functions.
	(8) Where a direction under subsection (1) in relation to a professional body has been given (and not revoked), section 24(1) of the Courts and Legal Services Act 1990 (power of Legal Services Ombudsman to make recommendations about arrangements for investigation of complaints) shall not have effect in relation to the body. (9) No order shall be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.		1990 c. 41.
	(10) In this section "professional body" has the same meaning as in section 22 of the Courts and Legal Services Act 1990.")		1990 c. 41.
	Clause 44
87	Page 26, line 26, at end insert--
	("(1A) In section 8(1B)(b) of the Criminal Appeal Act 1968 (power of Court to direct entry of judgment and verdict of acquittal on applications relating to order for retrial), after "to" insert "set aside the order for retrial and". (1B) In section 9(2) of that Act (right of appeal against sentence for summary offence), insert at the end "or sub-paragraph (4) of that paragraph.".")		1968 c. 19.
88	Page 26, line 27, leave out ("the Criminal Appeal Act 1968") and insert ("that Act")
89	Page 26, leave out line 30 and insert ("to (5).")
90	Page 26, line 38, at end insert-- ("(5) In subsection (4) (calculation of length of term of imprisonment), after "imprisonment" insert "or detention".")
	Clause 47
91	Transpose Clause 47 to after Clause 52
	After Clause 47
92	Insert the following new Clause--
	(". In the Supreme Court Act 1981, after section 43 insert--		Power of High Court to vary committal in default. 1981 c. 54.
	Power of High Court to vary committal in default.	43ZA.--(1) Where the High Court quashes the committal of a person to prison or detention by a magistrates' court or the Crown Court for-- (a) a default in paying a sum adjudged to be paid by a conviction; or (b) want of sufficient distress to satisfy such a sum, the High Court may deal with the person for the default or want of sufficient distress in any way in which the magistrates' court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed. (2) If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates' court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period)."")
	Clause 51
93	Transpose Clause 51 to after Clause 47
	After Clause 51
94	Insert the following new Clause--
	(".--(1) In paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (regulations about service of evidence where a person is sent without committal proceedings to Crown Court)-- (a) in sub-paragraph (1) (regulations to provide that evidence be served on or before the relevant date) omit the words "on or before the relevant date" and after paragraph (b) insert "before the expiry of the period prescribed by the regulations; but the judge may at his discretion extend or further extend that period.", and (b) for sub-paragraph (2) substitute-- (2) The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above."		Time limits where accused sent for trial. 1998 c. 37.
	(2) In section 13(1) of the Criminal Procedure and Investigations Act 1996 (transitional time limits relating to service of unused material), after paragraph (c) insert-- (ca) copies of the documents containing the evidence on which the charge or charges are based are served on the accused (where this Part applies by virtue of section 1(2)(cc)),".		1996 c. 25.
	(3) In section 22 of the Prosecution of Offences Act 1985 (time limits in preliminary stages of criminal proceedings), in paragraph (a) of the definition of "appropriate court" in subsection (11) (which has effect so as to allow the Crown Court to extend time limits where the accused is committed for trial or indicted), after "trial" insert ", sent for trial under section 51 of the Crime and Disorder Act 1998".")		1985 c. 23. 1998 c. 37.



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