Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 9
 
  
BY THE LORD KINGSLAND
 
     Page 5, line 23, after ("code") insert ("following consultation with interested parties as appropriate") 
     Page 5, leave out lines 31 to 34 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 5, leave out line 42 
     Page 6, line 5, at end insert--
 
("provided that assistance for representation shall not be refused on the grounds that mediation is more appropriate unless the circumstances are such that a privately paying individual would be likely to opt for mediation.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 6, line 8, after ("circumstances") insert ("and subject to sections 7(8) and (Advice and assistance in cases funded by Community Legal Service))") 
  
BY THE LORD KINGSLAND
 
     Page 6, line 16, at end insert ("and procedures for informing the individual applying for funding about the decision, the reasons for that decision, and where funding has been refused what help should be given to that individual to find alternative ways of resolving the dispute.") 
     Page 6, line 19, after first ("code") insert ("following consultation with interested parties as appropriate") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 6, line 22, at end insert ("by order") 
  
After Clause 11
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Insert the following new Clause-- 
     (".  A person or body providing an individual with services funded as part of the Community Legal Service shall consider whether, in that individual's case, the interests of justice require any part of those services to be provided by way of specialist advice and assistance offered on a referral basis or specialist advocacy; and if so, shall make appropriate arrangements.")Advice and assistance in cases funded by Community Legal Service.
  
Clause 13
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 9, line 20, at end insert--
 
    ("(  ) The Commission shall keep under review whether, in relation to each category of case in which it funds advice and assistance as part of the Criminal Defence Service, the interests of justice require particular kinds of advice or assistance to be provided by way of specialist legal services offered on a referral basis; and if so, shall ensure that the arrangements made to comply with the duty imposed by subsection (1) include appropriate provision.")
 
  
Clause 14
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 10, line 1, at end insert--
 
    ("(  )  The Commission shall keep under review whether, in relation to each category of case in which an individual may be granted a right to representation in accordance with Schedule 3, the interests of justice require any advocacy to be conducted by a specialist advocate; and if so, shall ensure that the arrangements made to comply with the duty imposed by subsection (2) include appropriate provision.")
 
     Page 10, line 1, at end insert--
 
    ("(  )  A person or body providing representation to which an individual has been granted a right in accordance with Schedule 3 shall consider whether, in that individual's case, the interests of justice require any advocacy to be conducted by a specialist advocate; and if so, shall make appropriate arrangements.")
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 10, line 8, leave out from ("(5)") to ("is") in line 14 
  
Clause 15
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 10, line 35, at end insert--
 
    ("(  )  Arrangements made for funding legal services provided as part of the Criminal Defence Service must respect the principle that such services are to be remunerated by payment of a reasonable amount, taking into account all the relevant circumstances of the case, for all work actually and reasonably done.")
 
     Page 10, line 35, at end insert--
 
    ("(  )  Where, in an individual case funded as part of the Criminal Defence Service, advice and assistance or advocacy are provided by a person offering specialist legal services on a referral basis, regulations shall require that person's remuneration to be quantified and paid separately from other items in the case.")
 
  
Clause 17
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 11, line 22, after ("to") insert ("provide the greatest possible choice of good quality legal services for those requiring its services, and subject to that to") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 11, line 22, at end insert ("consistent with the interests of justice and the purpose mentioned in section 12(1)" 
  
After Clause 17
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Insert the following new Clause-- 
     (". A person or body providing an individual with advice and assistance funded as part of the Criminal Defence Service shall consider whether, in that individual's case, the interests of justice require any advice or assistance to be provided by way of specialist legal services offered on a referral basis; and if so, shall make appropriate arrangements.")Advice and assistance in cases funded by Criminal Defence Service.
  
BY THE LORD KINGSLAND
 
     Insert the following new Clause-- 
     (".--(1)  There shall be a body known as the Criminal Defence Service Review Body (in this section referred to as "the Review Body.")
 
    (2)  The Review Body's functions shall be--
    (a)  to advise the Lord Chancellor as to appropriate target incomes for those providing services under the Criminal Defence Service; and
    (b)  to advise the Lord Chancellor as to the pricing of contracts so as to secure those target levels.
    (3)  In advising the Lord Chancellor, the Review Body shall suggest target levels which enable those receiving services from the Commission to obtain good quality services, and subject to that, provide the best value for money.")
Criminal Defence Service Review Body.
  
Clause 18
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 11, line 31, leave out ("directions given") and insert ("regulations made") 
     Page 11, line 34, leave out ("specified by the directions") and insert ("prescribed") 
  
Clause 19
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 12, line 7, leave out ("except where regulations otherwise") and insert ("where regulations so") 
  
Clause 23
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 14, line 7, after ("2") insert ("or 9(8)") 
     Page 14, line 8, leave out ("or 14(6)(a)") and insert (", 14(6)(a) or 19(2)(d)") 
  
Clause 27
 
  
BY THE LORD KINGSLAND
 
     Page 15, line 37, at end insert--
    ("(  ) it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor;")
 
     Page 16, line 29, at end insert ("and such proceedings shall be specified proceedings notwithstanding that they are concluded without the commencement of court proceedings.") 
     Page 16, line 35, leave out ("other authorised bodies (if any) as") and insert ("bodies") 
  
After Clause 28
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Insert the following new Clause-- 
     (".  A party to proceedings shall not, from a day to be appointed and subject to rules of court, be prevented from recovering from another party an amount in respect of costs by any rule of law which limits the costs recoverable by a party to proceedings to the amount which he is likely to pay his legal representative.")Recovery of costs: removal of limitation.
  
Clause 29
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
     Page 17, line 15, at end insert--
        ("(1A)  The persons appointed shall include at least--
      (a)  one Lord of Appeal in Ordinary or judge of the Supreme Court of England and Wales;
      (b)  one person who is or has been a circuit judge;
      (c)  one practising solicitor, appointed after consultation with the Law Society;
      (d)  one practising barrister, appointed after consultation with the General Council of the Bar; and
      (e)  one person with experience in the teaching of law, appointed after consultation with such institutions concerned with the teaching of law and such persons representing teachers of law as the Lord Chancellor considers appropriate.
        (1B)  Subject to subsection (1A), in appointing persons to be members of the Consultative Panel the Lord Chancellor shall have regard to the desirability of securing that the Panel includes persons with experience or knowledge of--
      (a)  the provision of legal services;
      (b)  the work of the courts;
      (c)  the maintenance of professional standards in the legal and other professions;
      (d)  consumer affairs; and
      (e)  management.")
 
  
BY THE LORD KINGSLAND
 
     Page 17, line 24, at end insert ("and publishing those recommendations") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
     Page 17, line 44, at end insert--
 
    ("(  )  The panel shall consist of--
    (a) not fewer than nine members, and
    (b) not more than twelve members, two of whom shall be solicitors appointed after consultation with the Law Society and two of whom shall be barristers appointed after consultation with the Council of the Bar.")
 
  
Clause 31
 
  
BY THE LORD THOMAS OF GRESFORD
 
     Page 19, line 3, at beginning insert ("Subject to subsection (3),") 
     Page 19, leave out lines 17 to 22 and insert--
 
    ("(3) Nothing in this section shall affect the rights of audience of a person employed as an advocate if he is a Crown Prosecutor or is in Crown employment in any other capacity which involves his appearing before courts.")
 
 
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Prepared 18 January 1999