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

back to previous amendments
 
  
Clause 32
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
241     Page 19, line 29, leave out (right of audience or") 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill. 
  
Clause 33
 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill. 
  
After Clause 34
 
  
BY THE LORD GOODHART
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
 
242     Insert the following new Clause-- 
     (  .  For section 4(1) to (3E) of the Prosecution of Offences Act 1985 substitute--
        (1)  The Director and the Chief Crown Prosecutor shall ensure that rights of audience of Crown Prosecutors are exercisable with regard to the principle that a substantial proportion of advocacy on behalf of the Crown Prosecution Service in the Crown Court shall be conducted by advocates in independent practice."")
Crown Prosecutors.
  
BY THE LORD KINGSLAND
 
243*     Insert the following new Clause-- 
     (  .--(1)  A person who (whether expressly or by implication) describes himself as a legal executive is guilty of an offence unless he is a Fellow of the Institute of Legal Executives who has in force a current practice certificate issued by that Institute.
 
    (2)  A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.")
Legal executives' practice certificates.
  
Schedule 5
 
  
BY THE LORD LLOYD OF BERWICK
THE LORD KINGSLAND
THE LORD GOODHART
 
244     Page 63, line 10, at end insert--
        ((2)  Every person exercising functions in connection with that Schedule shall act compatibly with the principle that a strong, independent and self-regulating legal profession should be preserved."")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
245     Page 63, line 19, leave out from (writing") to first (to") in line 20 and insert--
 
    ((a) for him")
 
246     Page 63, line 24, leave out (to approve") and insert (for approval of") 
247     Page 63, line 45, leave out (may") and insert (shall") 
248     Page 64, line 8, leave out (may") and insert (shall") 
249     Page 64, leave out lines 35 and 36 
250     Page 64, line 42, leave out from beginning to (decide") in line 44 and insert--
 
(the Lord Chancellor and the designated judges shall (acting, in the event of disagreement, by majority),")
 
251     Page 64, line 45, leave out from first (the") to (shall") and insert (decision has been made, the Lord Chancellor") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
252     Page 65, line 1, leave out (the applicant applies to him in writing,") and insert (he refuses the application,") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
253     Page 65, line 2, leave out (his") and insert (the") 
  
BY THE LORD KINGSLAND
 
254*     Page 65, line 15, after (conduct") insert (which relates to the grant of a right of audience or a right to conduct litigation") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
255     Page 65, line 16, at end insert (and the designated judges (acting, in the event of disagreement, by majority).") 
256     Page 65, line 23, leave out from (unless") to end of line 24 and insert (so approved") 
257     Page 65, line 28, leave out (to approve") and insert (for approval of") 
258     Page 66, line 18, leave out from (before") to end of line and insert (the application is decided") 
259     Page 66, line 31, leave out (may") and insert (shall") 
260     Page 66, line 45, leave out (may") and insert (shall") 
261     Page 67, leave out lines 26 and 27 
262     Page 67, line 33, leave out from beginning to (decide") in line 36 and insert--
 
(the Lord Chancellor and the designated judges shall (acting, in the event of disagreement, by majority),")
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
263     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.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
264     Page 67, line 37, leave out from first (the") to (shall") and insert (decision has been made, the Lord Chancellor") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
265     Page 67, line 39, leave out (the applicant applies to him in writing,") and insert (he refuses the application,") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
266     Page 67, line 40, leave out (his") and insert (the") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
267     Page 68, line 1, leave out from beginning to end of line 43 on page 69 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
268     Page 68, line 4, leave out from (that") to first (body") in line 6 and insert (the qualification regulations or rules of conduct of an authorised body unreasonably restrict rights to conduct litigation and that it would be appropriate for the purpose of removing rights of audience or restrictions for him to make alterations to such regulations or rules of that") 
  
BY THE LORD KINGSLAND
 
269*     Page 68, line 6, after first (body") insert (which relate to the grant of a right of audience or of a right to conduct litigation") 
  
BY THE LORD ARCHER OF SANDWELL
 
270     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
 
271     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.")
 
272     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
 
273     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
 
274     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.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
275     Page 70, line 12, leave out (is") and insert (and the designated judges are (or, in the event of disagreement, a majority are)") 
276     Page 70, line 13, leave out from (when") to (are") and insert (the question whether a recommendation shall be made is under consideration") 
277     Page 70, line 33, leave out (may") and insert (shall") 
278*     Page 70, leave out lines 42 and 43 
279     Page 70, line 42, leave out (may") and insert (shall") 
280     Page 72, leave out lines 1 and 2 
281     Page 72, line 4, leave out from (whether") to (shall") in line 5 and insert (the Lord Chancellor shall make the recommendation, he and the designated judges") 
282     Page 72, line 6, leave out from (30") to (; and") in line 7 
283     Page 72, line 8, leave out (he") and insert (the Lord Chancellor") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
284     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.")
 
285     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.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
286     Page 72, line 27, at end insert (; and
      (d)  if the body applies to him in writing, notify it of the reasons for making the Order."")
 
  
Clause 36
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
287     Page 20, line 40, at end insert--
        ((2B)  An act--
      (a)  which is intended by the person committing it to bring about a breach of the duty imposed by subsection (2A)(a); or
      (b)  which the person committing it ought reasonably to appreciate is likely to bring about such a breach,
    shall be punishable as a contempt of the court concerned."")
 
288     Page 21, line 10 at end insert--
        ((2B) An act--
      (a)  which is intended by the person committing it to bring about a breach of the duty imposed by subsection (2A)(a); or
      (b)  which the person committing it ought reasonably to appreciate is likely to bring about such a breach,
    shall be punishable as a contempt of the court concerned."")
 
  
After Clause 36
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
289*     Insert the following new Clause-- 
     (  .--  In the Courts and Legal Services Act 1990, after section 31C (inserted by section 33 above) insert--Duty to advise client: specialist advocacy.
 Duty to advise as a suitable advocate.     31D.--(1) A person exercising a right to conduct litigation must, in relation to any advocacy to be conducted in proceedings before a superior court of record, advise his client in writing as to whether or not that advocacy ought to be conducted by a person offering specialist advocacy on a referral basis.
 
    (2) In considering that question, the person concerned must have regard, in particular, to--
    (a) the relative cost to his client of obtaining advocacy services on a referral basis and of relevant alternative means of providing them; and
    (b) the degree of skill and experience which the circumstances require of the advocate.
    (3) Where, before the advocacy in question is conducted, a person fails to comply with the duty imposed by subsection (1) but he or his firm nevertheless conducts that advocacy, neither he nor his firm shall be entitled to charge the client for that advocacy."")
 
290*     Insert the following new Clause-- 
     (  .--(1)  It is hereby declared that, notwithstanding any rule of law to the contrary, it shall be lawful for the General Council of the Bar (in this section referred to as the Council") to make rules or regulations (in this section referred to as subscription regulations") requiring any person who acts or intends to act as a barrister to pay to the Council such subscription as the Council may require.
 
    (2)  A person who has been called to the Bar by an Inn of Court shall, if he would not otherwise be taken to be acting as a barrister, be taken for the purposes of this section to be so acting if he is (with or without others)--
    (a)  supplying or offering to supply legal services to the public or a section of the public;
    (b)  whilst acting in the course of any employment, supplying legal services--
          (i)  to his employer,
          (ii)  to another employee of his employer,
          (iii)  where his employer is an association, to any member of that association, or
          (iv)  where his employer is supplying or offering to supply services to the public or a section of the public, to any customer or client of his employer;
    (c)  exercising or seeking to exercise any right of audience granted by the Council;
    (d)  employed as an advocate within the meaning of section 31A(3) of the Courts and Legal Services Act 1990.
    (3)  Without prejudice to the generality of the foregoing, but subject to section 31A of the Courts and Legal Services Act 1990, subscription regulations may--
    (a)  impose different requirements--
          (i)  for persons who have been called to the Bar for different periods of time, or
          (ii)  for persons seeking to act as barristers in different modes or forms of practice;
    (b)  provide that failure to pay the whole or any part of any subscription required to be paid by a person who acts or intends to act as a barrister shall--
          (i)  constitute professional misconduct, and
          (ii)  entitle the Council to take such steps as it thinks appropriate with a view to that person being disbarred, or temporarily suspended from practice, by order of an Inn of Court.
    (4)  Where a person who acts or intends to act as a barrister has failed to pay the whole or any part of any subscription required to be paid by him in accordance with subscription regulations the unpaid part thereof shall be recoverable by the Council by action in the County Court as if the same were a debt owing by that person to the Council.")
General Council of the Bar: subscriptions.
 
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Prepared 19 January 1999