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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 on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD CHANCELLOR
 
     Page 2, line 6, leave out ("persons with") and insert ("members who (between them) have") 
     Page 2, line 9, at end insert--
    ("(  )  consumer affairs,")
 
  
Schedule 1
 
  
BY THE LORD CHANCELLOR
 
     Page 51, line 32, leave out ("direct") and insert ("require") 
     Page 51, line 41, leave out ("specified description") and insert ("description specified by the Lord Chancellor by direction given to the Commission") 
     Page 51, leave out lines 43 to 45 
     Page 52, line 29, leave out ("regulations") and insert ("any instrument made under this Part") 
     Page 52, line 31, leave out ("Subject to anything in regulations,") 
     Page 52, line 34, at end insert--
 
("but the Lord Chancellor may by direction require the Commission to make such provision relating to committees as is specified in the direction.")
 
     Page 52, line 35, leave out ("directions") and insert ("instructions") 
     Page 53, line 12, at end insert--
 
    ("(  )  The Lord Chancellor may by direction require the Commission to deal with the matters specified in the direction in reports, or a particular report, under this paragraph.")
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 53, line 12, at end insert--
 
    ("(  )  In relation to services funded from the Community Legal Service Fund the report shall specify--
    (a)  a detailed breakdown of the types of case for which advice and assistance was granted, and the implied hours worked,
    (b)  the number of applications for assistance received,
    (c)  the number of cases for which assistance was granted or refused, and on what grounds,
    (d)  the number of appeals against refusal, and the outcome of such appeals,
    (e)  financial information about eligibility and contributions.")
 
  
BY THE LORD CHANCELLOR
 
     Page 53, line 14, at end insert ("and the Commission shall publish a report once it has been so laid.") 
     Page 53, line 25, at end insert--
 
    ("(  )  The Lord Chancellor may by direction require the Commission to deal with the matters specified in the direction in plans, or a particular plan, under sub-paragraph (1).")
 
     Page 53, line 28, leave out from ("shall") to end of line 29 and insert ("lay a copy before each House of Parliament and the Commission shall publish the plan once it has been so laid.") 
     Page 53, line 30, leave out from ("shall") to ("it") in line 31 and insert ("by direction require the Commission to revise it in accordance with the direction; and the direction shall include the Lord Chancellor's reasons for not approving the plan.
 
    (  )  When the Commission has revised the plan")
 
     Page 53, line 33, at end insert ("and the Commission shall publish the revised plan once it has been so laid.") 
     Page 53, line 38, leave out ("direct") and insert ("specify by direction given to the Commission") 
  
Clause 3
 
  
BY THE LORD CHANCELLOR
 
     Page 3, line 5, leave out from second ("of") to end of line 8 and insert ("any of its functions.
 
    (  )  The Lord Chancellor may by order require the Commission--
    (a)  to delegate any function specified in the order or to delegate any function so specified to a person (or person of a description) so specified,
    (b)  not to delegate any function so specified or not to delegate any function so specified to a person (or person of a description) so specified, or
    (c)  to make arrangements such as are specified in the order in relation to the delegation of any function so specified.")
 
  
Clause 4
 
  
BY THE LORD CHANCELLOR
 
     Leave out Clause 4 
  
Clause 5
 
  
BY THE LORD CHANCELLOR
 
     Page 3, line 21, leave out from ("Service") to end of line 22 and insert ("for the purpose of promoting the availability to individuals of services of the descriptions specified in subsection (1A) and, in particular, for securing (within the resources made available, and priorities set, in accordance with this Part) that individuals have access to services of a type and quality appropriate to meet their needs.
 
    (1A)  The descriptions of services referred to in subsection (1) are--")
 
     Page 3, line 33, leave out subsection (2) and insert--
 
    ("(2)  Services which the Commission can fund as part of the Criminal Defence Service do not fall within subsection (1A).")
 
     Page 3, line 36, leave out ("(1)") and insert ("(1A)") 
     Page 3, line 39, leave out ("(1)") and insert ("(1A)") 
     Page 4, line 3, at end insert--
 
("and the Commission shall notify the Lord Chancellor of what it has done under this subsection.")
 
     Page 4, line 5, leave out from ("subsection") to end of line 6 and insert ("(1A).
 
    (6)  In particular, the Commission may accredit, or authorise others to accredit, persons or bodies providing services of the descriptions specified in subsection (1A); and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.")
 
     Page 4, line 6, at end insert--
 
    ("(  )  The Lord Chancellor may by order require the Commission to discharge the functions in subsections (4) to (6) in accordance with the order.")
 
  
Clause 6
 
  
BY THE LORD CHANCELLOR
 
     Page 4, line 16, at end insert--
 
    ("(  )  In making any determination under subsection (2) the Lord Chancellor shall take into account (in addition to such other factors as he considers relevant) the need for services of the descriptions specified in subsection (1A) of section 5 as notified to him by the Commission under subsection (4) of that section.")
 
     Page 4, line 21, leave out ("Directions given by the Lord Chancellor under section 4 may") and insert ("The Lord Chancellor may by direction") 
  
Clause 7
 
  
BY THE LORD CHANCELLOR
 
     Page 4, line 29, leave out ("under section 4") 
     Page 4, line 30, at end insert (", and
    (b)  after taking into account the need for services of the descriptions specified in section 5(1A).")
 
     Page 4, line 44, leave out ("(or groups of individuals)") 
     Page 5, line 3, at end insert--
 
    ("(3A)  The Lord Chancellor may by order require the Commission to discharge the function in subsection (3) in accordance with the order.")
 
     Page 5, line 6, leave out ("in different areas") and insert ("in relation to different areas or communities") 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 5, line 9, at end insert--
 
    ("(  )  Paragraph 3(a) of Schedule 2 shall not preclude the funding of services in proceedings for negligence (other than proceedings for clinical negligence) where the alleged damage is to the person in any case where the Commission is not satisfied that adequate arrangements can be made in that case for the services in question to be funded in some other way.")
 
  
BY THE LORD CHANCELLOR
 
     Page 5, line 12, leave out ("give directions under section 4 requiring or authorising") and insert ("by direction require") 
     Page 5, line 14, leave out ("by the directions") and insert ("in the direction, and
    (b)  may authorise the Commission to fund the provision of any of those services in specified circumstances or, if the Commission request him to do so, in an individual case.
    (8)  The Lord Chancellor shall either--
    (a)  publish, or
    (b)  require the Commission to publish,
any authorisation under subsection (7)(b) unless it relates to an individual case (in which case he or the Commission may publish it if appropriate).")
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 5, line 14, at end insert ("including such provision in an individual case") 
  
Schedule 2
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 54, line 37, leave out ("proceedings for clinical negligence") and insert--
    ("(i)  proceedings for clinical negligence,
    (ii)  cases for children and people suffering from a mental disability,
    (iii)  cases where the overall costs are likely to exceed £25,000,
    (iv)  cases where the costs of investigation are likely to exceed £3,000,
    (v)  complex cases where damages are likely to exceed £50,000,
    (vi)  cases involving multiple causes of action,")
 
  
BY THE EARL OF DARTMOUTH
 
     Page 54, line 42, at end insert--
 
    ("  .  Services consisting of the provision of help or representation for the purposes of any proceedings in relation to or arising from a claim to asylum in the United Kingdom.")
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 55, line 32, at end insert (", and
    (i)  proceedings before the Social Security Commissioner.")
 
  
Clause 9
 
  
BY THE LORD CHANCELLOR
 
     Page 5, line 36, leave out ("to") and insert ("for") 
     Page 5, line 38, leave out ("as part of the Community Legal Service") 
     Page 5, line 42, at end insert ("in connection with services funded as part of the Community Legal Service (or an application for funding) or in or in connection with any proceedings") 
     Page 6, line 1, leave out from ("may") to end of line 3 and insert ("by order require the Commission to consider.") 
     Page 6, line 15, after ("funding") insert--
    ("(  )  provision requiring applicants to be informed of the reasons for any decision to refuse an application,
    (  )  provision for the giving of information to individuals whose applications are refused about alternative ways of obtaining or funding services,")
 
     Page 6, line 16, at end insert ("and for the giving of information about those procedures") 
     Page 6, line 19, leave out from first ("code") to end of line 27 and insert--
 
    ("(  )  Before preparing the code the Commission shall undertake such consultation as appears to it to be appropriate; and before revising the code the Commission shall undertake such consultation as appears to it to be appropriate unless it considers that it is desirable for the revised version to come into force without delay.
 
    (  )  The Lord Chancellor may by order require the Commission to discharge its functions relating to the code in accordance with the order.")
 
  
After Clause 9
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
     (".--(1) After preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.
 
    (2)  If he approves it he shall lay it before each House of Parliament.
 
    (3)  The Commission shall publish--
    (a)  the code as first approved by the Lord Chancellor, and
    (b)  where he approves a revised version, either the revisions or the revised code as appropriate.
    (4)  The code as first approved by the Lord Chancellor shall not come into force until it has been approved by a resolution of each House of Parliament.
 
    (5)  A revised version of the code which does not contain changes in the criteria set out in the code shall not come into force until it has been laid before each House of Parliament.
 
    (6)  Subject as follows, a revised version of the code which does contain such changes shall not come into force until it has been approved by a resolution of each House of Parliament.
 
    (7)  Where the Lord Chancellor considers that it is desirable for a revised version of the code containing such changes to come into force without delay, he may (when laying the revised version before Parliament) also lay before each House a statement of his reasons for so considering.
 
    (8)  In that event the revised version of the code--
    (a)  shall not come into force until it has been laid before each House of Parliament, and
    (b)  shall cease to have effect at the end of the period of 120 days beginning with the day on which it comes into force unless a resolution approving it has been made by each House (but without that affecting anything previously done in accordance with it).")
Procedure relating to funding code.
  
Clause 10
 
  
BY THE LORD ARCHER OF SANDWELL
 
     Page 6, line 33, after ("individual") insert ("other than a person who is in receipt of income support, income-based jobseeker's allowance or family credit") 
  
BY THE LORD CHANCELLOR
 
     Page 6, line 36, after ("conduct") insert ("such as is specified in section 9(2)(f)") 
     Page 7, line 27, after second ("or") insert ("in any compromise or settlement of any") 
     Page 7, line 29, leave out subsection (8) 
 
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Prepared 5 February 1999