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Session 1998-99
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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 Second Marshalled List of Amendments to the Access to Justice Bill [H.L.] to be moved in Committee in the House of Lords.

    The amendments have been marshalled in accordance with the instruction of 13th January 1999, as follows-  
Clause 7
Schedule 2
Clauses 8 to 14
Schedule 3
Clauses 15 to 22
Schedule 4
Clauses 23 to 35
Schedule 5
Clauses 36 to 37
Schedule 6
Clauses 38 to 51
     Schedule 7
Clause 52
Schedule 8
Clauses 53 to 61
Schedule 9
Clauses 62 to 75
Schedule 10
Clause 76
Schedule 11
Clauses 77 to 80


[Amendments marked * are new or have been altered]
 
Amendment No. 
  
Clause 7
 
  
BY THE LORD SIMON OF GLAISDALE
 
90     Page 5, line 12, leave out subsection (7) 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
91     Page 5, line 14, after ("2") insert ("or (Community Legal Service)") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
92     Page 5, line 14, at end insert--
 
    ("(8)  A decision of the Commission to set or vary any priorities under subsection (1) shall not have effect unless approved by order made by the Lord Chancellor.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
93     Page 5, line 14, at end insert--
 
    ("(8)  The Commission shall keep under review whether, in relation to each category of case for which it funds services as part of the Community Legal Service, the interests of justice require particular kinds of services to be provided by way of specialist advice or assistance offered on a referral basis or specialist advocacy; and if so, shall ensure that the arrangements made for providing, or facilitating the provision of, funded services for that category of case include appropriate provision.")
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
94     Page 5, line 14, at end insert--
 
    ("(  )  Where services are funded in accordance with subsection (3)(b), payment shall be made in accordance with regulations made by the Lord Chancellor after consultation with the Law Society and the General Council of the Bar, and in making such regulations the Lord Chancellor shall have regard to the principle of providing fair and reasonable remuneration.")
 
  
After Clause 7
 
  
BY THE LORD KINGSLAND
 
95     Insert the following new Clause-- 
     (".--(1)  The objective of the Commission in entering into contracts shall be to provide the greatest possible choice of good quality legal services for those using the services of the Community Legal Service.
 
    (2)  In entering into contracts the Commission shall--
    (a)  contract with every supplier who meets appropriate quality criteria and who wishes to provide services under the Community Legal Service,
    (b)  offer each contractor a contract for at least the same number of cases as they undertook in the year preceding,
    (c)  not set a minimum level for the number of cases for which it is willing to contract,
    (d)  provide in each contract for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and
    (e)  define in each contract the number of hours' work, or number of cases, to be undertaken for the contract sum.")
Contracts for provision of services.
  
Schedule 2
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
96     Page 53, leave out lines 33 and 34 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
97     Page 53, leave out lines 36 and 37 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
98     Page 53, line 36, leave out from ("property") to end of line 37 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
99     Page 53, line 37, at end insert ("or in those cases specified in Schedule (Community Legal Service),") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
100     Page 54, line 28, at end insert--
    ("(  )  proceedings before industrial tribunals,
    (  )  proceedings before appeal tribunals constituted under the Social Security Act 1998,")
 
101     Page 54, line 28, at end insert--
    ("(  )  proceedings before the Immigration Appellate Authorities,")
 
102     Page 54, line 28, at end insert--
 
    ("(  )  proceedings before the Discretionary Lifer Panels,")
 
  
BY THE LORD ARCHER OF SANDWELL
 
103     Page 54, line 30, after ("Tribunals,") insert--
    ("(  )  proceedings before an Adjudicator, Special Adjudicator or the Immigration Appeals Tribunal,")
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
104     Page 54, line 32, at end insert (", and
    (  )  proceedings before Social Security Commissioners.")
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
105     Page 54, line 32, at end insert--
    ("(i) proceedings in coroners' inquests into death, and
    (j) public and judicial inquiries")
 
  
BY THE LORD ARCHER OF SANDWELL
 
106     Page 55, line 5, at end insert (", and
    (  )  proceedings on a complaint under the Environmental Protection Act 1990.")
 
  
After Schedule 2
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
107     Insert the following new Schedule-- 
 ("SCHEDULE 
 Community Legal Service 
     .  The Community Legal Service shall fund the following categories of case involving personal injuries--
    (a)  cases for vulnerable clients (children and patients);
    (b)  cases where overall costs are likely to exceed £25,000;
    (c)  cases where the costs of investigation are likely to exceed £3,000;
    (d)  cases involving novel points of law;
    (e)  test cases;
    (f)  cases involving the wider public interest;
    (g)  multi-party actions;
    (h)  pharmaceutical claims;
    (i)  industrial disease cases;
    (j)  product liability cases;
    (k)  environmental cases;
    (l)  claims to the CICA or MIB (untraced drivers) or other similar bodies;
    (m)  cases involving two or more experts on liability or causation;
    (n)  complex cases where the damages are very substantial; and
    (o)  cases where adequate insurance is not available after the event to the client at an affordable price.")
 
  
Clause 8
 
  
BY THE LORD ARCHER OF SANDWELL
 
108     Page 5, line 15, at beginning insert ("Subject to subsection (4),") 
  
BY THE LORD KINGSLAND
 
109     Page 5, line 15, leave out ("only") 
110     Page 5, line 17, at end insert ("and may also fund services for others as appropriate") 
  
BY THE LORD SIMON OF GLAISDALE
 
111     Page 5, line 21, leave out subsection (3) 
  
BY THE LORD ARCHER OF SANDWELL
 
112     Page 5, line 22, at end insert--
 
    ("(4)  Nothing in the regulations shall preclude the provision of an initial free interview of a diagnostic nature lasting no longer than one hour.")
 
  
Clause 9
 
  
BY THE LORD KINGSLAND
 
113     Page 5, line 23, after ("code") insert ("following consultation with interested parties as appropriate") 
  
BY THE LORD SIMON OF GLAISDALE
 
114     Page 5, line 27, leave out subsection (2) 
  
BY THE LORD KINGSLAND
 
115     Page 5, leave out lines 31 to 34 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
116     Page 5, leave out line 42 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
117     Page 6, line 1, after ("may") insert ("by order") 
118     Page 6, line 2, leave out ("by directions given by him under section 4") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
119     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 SIMON OF GLAISDALE
 
120     Page 6, line 6, leave out subsection (4) 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
121     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
 
122     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.") 
  
BY THE LORD SIMON OF GLAISDALE
 
123     Page 6, line 17, leave out subsection (6) 
  
BY THE LORD KINGSLAND
 
124     Page 6, line 19, after first ("code") insert ("following consultation with interested parties as appropriate") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
125     Page 6, line 21, after ("by") insert ("order made by") 
  
BY THE LORD SIMON OF GLAISDALE
 
126     Page 6, line 21, leave out ("the Lord Chancellor") and insert ("each House of Parliament") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
127     Page 6, line 22, at end insert ("by order") 
  
BY THE LORD KINGSLAND
 
128     Page 6, line 22, at end insert ("and contained in a statutory instrument laid in draft before, and subject to approval by resolution of, each House of Parliament") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
 
129     Page 6, line 23, leave out subsection (9) 
  
Clause 10
 
  
BY THE LORD ARCHER OF SANDWELL
 
130     Page 6, line 33, after ("individual") insert (", other than a person who is in receipt of any means-tested benefit,") 
  
BY THE LORD SIMON OF GLAISDALE
 
131     Page 6, line 36, leave out (", or conduct is,") 
  
BY THE LORD KINGSLAND
 
132     Page 6, line 39, leave out from ("determined") to end of line 43 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
133     Page 7, line 1, at end insert--
 
    ("(  )  The regulations shall not require any payment from a person whose capital resources are such that they would be eligible for income support.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
134     Page 7, line 16, leave out from ("information") to end of line 18 
135     Page 7, line 19, leave out ("Except so far as regulations otherwise provide,") 
136     Page 7, line 23, leave out from ("11)") to end of line 25 
137     Page 7, leave out lines 32 and 33 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
138     Page 7, line 40, at end insert--
 
    ("(  ) The regulations shall provide that in any proceedings where a costs order is made in favour of any individual who has agreed to make a payment under subsection (2)(c), the costs payable to him shall include costs in respect of any payment he has agreed to make.")
 
  
Clause 11
 
  
BY THE LORD CHANCELLOR
 
139     Page 7, line 41, at beginning insert ("Where services relating to a dispute have been funded by the Commission for an individual as part of the Community Legal Service, his liability under an order for costs made against him in proceedings relating to the dispute shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including--
    (a)  the financial resources of all the parties to the proceedings, and
    (b)  their conduct in connection with the dispute;
and, in assessing the financial resources of an individual for whom such services have been so funded, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.
 
    (1A)  Subject to that,")
 
140     Page 7, line 45, leave out ("limiting the amount of") and insert ("specifying the principles to be applied in determining the amount of any") 
  
BY THE LORD SIMON OF GLAISDALE
 
141     Page 8, line 15, at end insert (", and
    (h)  providing for the payment of the costs of any other party.")
 
  
BY THE LORD MACKAY OF CLASHFERN
 
     The Lord Mackay of Clashfern gives notice of his intention to oppose the Question that Clause 11 stand part of the Bill. 
 
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Prepared 21 January 1999