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 Schedule 6
181	Insert the following new Schedule--
	("SCHEDULE
	LEGAL SERVICES COMPLAINTS COMMISSIONEr
	Provision for discharge of functions
	1.--(1) The Lord Chancellor may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner. (2) Any such directions shall be published by the Lord Chancellor in such manner as appears to him to be appropriate. (3) Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.
	Delegation of functions
	2.--(1) The Commissioner may delegate any of his functions to such members of his staff as he thinks fit. (2) All reports prepared by or on behalf of the Commissioner must be signed by him.
	Remuneration
	3.--(1) The Lord Chancellor shall pay to, or in respect of, the Commissioner such amounts-- (a) by way of remuneration, pensions, allowances or gratuities, or (b) by way of provision for any such benefits, as he may determine. (2) If-- (a) the Commissioner ceases to hold office, and (b) it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation, the Lord Chancellor may pay to him such sum as the Lord Chancellor may determine.
	Staff
	4.--(1) The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions. (2) Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the Lord Chancellor, determine. (3) The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner's staff who suffer loss of employment or loss or diminution of emoluments.
	Annual and other reports
	5.--(1) The Commissioner shall make an annual report to the Lord Chancellor on the discharge of his functions during the year to which the report relates. (2) The Commissioner may, in addition, report to the Lord Chancellor at any time on any matter relating to the discharge of the Commissioner's functions. (3) The Commissioner shall provide the Lord Chancellor with such information relating to the discharge of his functions as the Lord Chancellor may see fit to require. (4) The Lord Chancellor shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).
	Accounts and audit
	6.--(1) The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year. (2) The accounts shall be kept, and the statement of accounts prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct. (3) The accounts shall be audited by persons appointed by the Lord Chancellor in respect of each financial year. (4) The auditors shall send to the Lord Chancellor a copy of the statement of accounts and of their report. (5) The Lord Chancellor shall lay before each House of Parliament a copy of every statement of accounts and auditors' report sent to him under this paragraph.
	Financial provisions
	7.--(1) The Lord Chancellor may require any professional body in relation to which a direction under section (Commissioner's functions) of this Act has been given (and not revoked) to make payments of such amounts as the Lord Chancellor considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions. (2) 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. (3) The Commissioner may, with the approval of the Lord Chancellor, pay fees or allowances to any person who, in the Commissioner's opinion, is qualified to assist him in the discharge of his functions and who so assists him.
	Parliamentary disqualification
	8. In Part III of Schedule 1 to--
	(a) the House of Commons Disqualification Act 1975, and	1975 c. 24.
	(b) the Northern Ireland Assembly Disqualification Act 1975, (disqualifying offices), insert (at the appropriate place in alphabetical order)-- The Legal Services Complaints Commissioner."	1975 c. 25.
	Parliamentary Commissioner
	9. In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)-- The Legal Services Complaints Commissioner."	1967 c. 13.
	Acting Commissioner
	10.--(1) The Lord Chancellor may appoint a person to exercise the functions of the Commissioner where-- (a) the Commissioner's office becomes vacant, or (b) the Commissioner is incapable of exercising his functions or considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason). (2) A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed. (3) The Lord Chancellor may pay to any person so appointed such remuneration as he may determine.")
	Schedule 7
182	Page 80, line 32, leave out ("the area of")
183	Page 82, line 30, at end insert--
	("The Sunday Theatre Act 1972 (c.26)
	. In section 2(2) of the Sunday Theatre Act 1972 (definition of "inner London area"), for the words from "which" to the end substitute "consisting of the inner London boroughs".")
184	Page 82, line 43, at end insert-- ("33A. In section 146(5) (rules relating to youth courts), for "inner London area" substitute "area consisting of the inner London boroughs".")
185	Page 83, line 8, at end insert--
	("The Criminal Justice Act 1991 (c.53)
	36A. In section 76 of the Criminal Justice Act 1991 (provision of court security officers), in subsection (5) (requirement of confirmation of Secretary of State), for "consists of or forms part of" substitute "falls wholly or partly within".")
186	Page 83, line 12, leave out from ("subsection") to end of line 14 and insert ("(2)(d) (expenses of the Receiver relating to magistrates' courts in the inner London area)-- (a) after "courts" insert "acting for petty sessions areas falling wholly or partly", and (b) for "that area" substitute "the inner London area".")
187	Page 83, line 17, leave out ("and the City of London")
188	Page 83, line 29, at end insert-- ("39A. In section 18(2) (expenditure of inner London probation committee)-- (a) for "If" substitute "Unless", and (b) for "does not include any petty sessions area outside" substitute "includes any petty sessions area not falling wholly or partly within". 39B. In section 29(1)(a) (definition of "responsible authority for inner London probation area), for the words from "is situated" to the end "a petty sessions area included in the inner London probation area by virtue of section 2(3)(b) above wholly or partly falls".")
189	Page 83, line 32, leave out ("and the City of London")
190	Page 85, line 3, after ("means") insert ("the area consisting of")
	Schedule 8
191	Page 86, leave out lines 8 and 9
192	Page 86, line 10, after ("4") insert ("of the Metropolitan Police Courts Act 1897")
193	Page 86, leave out lines 14 to 17
194	Page 86, line 26, leave out from beginning to end of line 16 on page 87 and insert-- ("(2) Before paragraph 2 insert--
	Qualification to sit as member of youth court".
	(3) In paragraph 2 (justice not qualified to sit as member of youth court unless he is a member of a youth court panel), after "he is" insert-- (a) a District Judge (Magistrates' Courts), or (b)". (4) After that paragraph insert--
	Constitution by single District Judge (Magistrates' Courts)
	2A. A youth court may consist of a District Judge (Magistrates' Courts) sitting alone.
	Youth court panels".")
	Schedule 9
195	Page 93, leave out lines 44 to 46
196	Transpose Schedule 9 to after Schedule 6



© Parliamentary copyright 1999	Prepared 24 June 1999