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

  
Clause 5
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 3, line 21, leave out from ("Service") to end of line 22 and insert ("the objective of which shall be to promote and enhance the opportunities for members of the public--
    (a)  to have access to advice, information and assistance relating to the enforcement of rights and the resolution of disputes, and
    (b)  where other means of dispute resolution have failed, to have access to justice in courts and tribunals.
    (2)  In particular, the Community Legal Service shall so far as practicable make available to members of the public")
 
  
Clause 6
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
 
     Page 4, line 26, at end insert ("consistent with the interests of justice.") 
  
Schedule 2
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 53, leave out lines 33 and 34 
     Page 53, leave out lines 36 and 37 
     Page 54, line 28, at end insert--
    ("(  )  proceedings before industrial tribunals,
    (  )  proceedings before appeal tribunals constituted under the Social Security Act 1998,")
 
     Page 54, line 32, at end insert ("and
    (  )  proceedings before Social Security Commissioners.")
 
  
After Clause 11
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
     Insert the following new Clause-- 
 ("The Public Interest Litigation Fund 
     .--(1)  The Commission shall establish and maintain a fund known as the Public Interest Litigation Fund.
 
    (2)  The Lord Chancellor--
    (a)  shall pay to the Commission the sums which he determines as appropriate for the funding of services by the Commission out of the Public Interest Litigation Fund, and
    (b)  may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.
    (3)  The purpose of the Public Interest Litigation Fund shall be to finance the provision of services of any of the kinds specified in section 5(1) to a person who is or may become a party to legal proceedings if the conditions in subsection (4) are satisfied and the Commission thinks it appropriate to finance the provision of those services.
 
    (4)  The conditions referred to in subsection (3) are--
    (a)  that the proceedings give rise to an issue of substantial public importance,
    (b)  that the person seeking the services is not entitled to have those services funded out of the Community Legal Services Fund or as part of the Criminal Defence Service, and
    (c)  that neither the person seeking the services nor any other person having a similar interest in the proceedings can reasonably be expected to pay for such services out of his own financial resources or resources which may be made available for that purpose from another source.
    (5)  Regulations may be made for the implementation of this section.
 
    (6)  In this section "proceedings" include prospective proceedings and any step in proceedings.")
Public Interest Litigation Fund.
  
Clause 13
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
 
     Page 9, line 15, leave out from beginning to ("or") 
     Page 9, line 17, at end insert ("except itself providing advice or assistance.") 
  
Clause 14
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
 
     Page 9, line 39, leave out from beginning to ("or") 
     Page 9, line 41, at end insert ("except itself providing representation") 
     Page 10, line 8, leave out from ("to") to the end of line 13 and insert ("include a right to select a representative who is not accredited to provide services of the kind required or who is not willing to provide such services on terms which are reasonable, having regard to the terms on which comparable services are provided by other persons or bodies,") 
  
Clause 15
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
 
     Page 10, line 35, at end insert--
 
    ("(  )  Before making regulations for the purpose described in subsection (1), the Lord Chancellor shall consult the Law Society and the General Council of the Bar and shall have regard to the principle of fair and reasonable remuneration.")
 
  
Clause 17
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
 
     Page 11, line 22, at end insert ("consistent with the interests of justice") 
  
Clause 23
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 14, line 7, after ("2") insert ("or paragraph 6 of Schedule 3") 
  
Clause 27
 
  
BY THE LORD MESTON
THE LORD GOODHART
THE LORD CLINTON-DAVIS
 
     Page 16, line 2, leave out from ("proceedings") to end of line 4 
  
Schedule 5
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 65, line 1, leave out ("the applicant applies to him in writing,") and insert ("he refuses the application,") 
     Page 67, line 36, at end insert--
 
    ("(  )  The Lord Chancellor shall not refuse the application unless he has sought the advice of the Consultative Panel.")
 
     Page 67, line 39, leave out ("the applicant applies to him in writing,") and insert ("he refuses the application,") 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 69, line 36, after ("shall") insert (", if he is satisfied that any qualification, regulation or rule of conduct is unduly restrictive of rights of audience or of a right to conduct litigation,") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 69, line 36, at end insert--
 
    ("(  )  The Lord Chancellor shall not decide to make the alterations unless at least two of the designated judges have advised him that the alterations should be made.")
 
     Page 69, line 39, leave out ("the authorised body applies to him in writing, notify it") and insert ("he decides to make the alterations, notify the authorised body") 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 69, line 43, at end insert--
 
    ("(  )  No order shall be made under this paragraph unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.")
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 69, line 43, at end insert--
 
    ("(  )  When an order under this paragraph is laid before either House of Parliament there shall be laid with it copies of all representations made under paragraphs 18 and 21 and advice given under paragraphs 19, 20 and 22.")
 
     Page 72, line 11, at end insert--
 
    ("(  )  The Lord Chancellor shall not make the recommendation unless at least two of the designated judges have advised him that the recommendation should be made.")
 
     Page 72, line 11, at end insert-- 
 ("Documents to be laid before Parliament 
     .  When a draft of an Order made in pursuance of a recommendation in reliance on paragraph 25(2)(c) is laid before either House of Parliament there shall be laid with the draft--
    (a)  copies of all representations made under paragraphs 29 and 30 and advice given under paragraphs 27, 28 and 31; and
    (b)  a statement of the Lord Chancellor's reasons for making the recommendation.")
 
 
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Prepared 14 January 1999