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

back to previous amendments
 
  
After Clause 7
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE LORD ARCHER OF SANDWELL
 
57     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)  The Commission shall therefore adopt the following principles in entering into contracts--
    (a)  the Commission shall contract with every supplier who meets prescribed quality criteria and who wishes to provide services under the Community Legal Service;
    (b)  subject to paragraph (c), the Commission shall offer each contractor a contract for at least the same number of cases as they undertook in the year preceding the year of contracts;
    (c)  where the total number of cases to be funded in any category of work in a particular region is to be reduced below the number undertaken in the previous year, the Commission may make proportionate reductions in the number of cases to be funded by each contractor in the region concerned;
    (d)  the Commission shall not set a minimum level for the number of cases for which it is willing to contract;
    (e)  contracts shall provide for separate payment, in addition to the contract sum, to be paid for disbursements reasonably incurred, and for the costs of advocacy in court; and
    (f)  contracts shall define the number of hours' work, or number of cases, to be undertaken for the contract sum.")
Contracts.
  
Schedule 2
 
  
BY THE LORD CLINTON-DAVIS
THE LORD ARCHER OF SANDWELL
 
58     Page 54, line 36, leave out from ("property") to end of line 37 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE LORD ARCHER OF SANDWELL
 
59     Page 54, line 37, at end insert (", save where compelling reasons exist,") 
  
BY THE LORD ARCHER OF SANDWELL
 
60     Page 54, line 37, at end insert--
    ("(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 LORD CLINTON-DAVIS
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE LORD ARCHER OF SANDWELL
 
61     Page 54, line 39, at end insert (", save where a compelling reason exists,") 
62     Page 54, line 42, at end insert--
 
    ("(2)  A compelling reason for the purposes of sub-paragraph (1)(a) or (c) above exists where--
    (a)  the case is one which a private client of sufficient means would be likely to wish to pursue or defend;
    (b)  it is not practical for the case to be conducted on a conditional fee basis;
    (c)  (in the case of sub-paragraph (1)(c)) the circumstances are not such that a reasonably prudent person would have insured against the risk of a dispute arising.")
 
  
BY THE EARL OF DARTMOUTH
 
63     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 GOODHART
THE LORD THOMAS OF GRESFORD
 
64     Page 55, line 28, at end insert--
    ("(  )  proceedings before the employment tribunals,")
 
65     Page 55, line 28, at end insert--
    ("(  )  proceedings before the immigration tribunals,")
 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD GOODHART
 
66     Page 55, line 32, at end insert (", and
    (i)  proceedings before the Social Security Commissioner.")
 
  
BY THE LORD CLINTON-DAVIS
THE LORD ARCHER OF SANDWELL
 
67     Page 55, line 32, at end insert--
    ("(  )  proceedings in coroner's inquests into death, and
    (  )  public and judicial enquiries.")
 
68     Page 55, line 32, at end insert--
 
("and proceedings in such classes of cases for which the Lord Chancellor may prescribe that conditional fee agreements are not appropriate.")
 
  
Clause 9
 
  
BY THE LORD CHANCELLOR
 
69     Page 5, line 36, leave out ("to") and insert ("for") 
70     Page 5, line 38, leave out ("as part of the Community Legal Service") 
71     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") 
72     Page 6, line 1, leave out from ("may") to end of line 3 and insert ("by order require the Commission to consider.") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE LORD PHILLIPS OF SUDBURY
 
73     Page 6, line 5, at end insert (", provided that the code shall not require applicants to attempt mediation rather than application to the court save in circumstances where a privately paying client would be advised to attempt mediation.") 
  
BY THE LORD CHANCELLOR
 
74     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,")
 
75     Page 6, line 16, at end insert ("and for the giving of information about those procedures") 
76     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
 
77     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
 
78     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
 
79     Page 6, line 36, after ("conduct") insert ("such as is specified in section 9(2)(f)") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL
THE LORD ARCHER OF SANDWELL
 
80     Page 7, line 1, at end insert--
 
    ("(3A)  For the purposes of assessing contributions from capital, regulations shall provide that the first £100,000 of equity in a dwelling house shall be disregarded.
 
    (3B)  The Lord Chancellor may vary the figure in subsection (3A) through regulations.
 
    (3C)  Regulations under subsection (3B) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.")
 
  
BY THE LORD CHANCELLOR
 
81     Page 7, line 27, after second ("or") insert ("in any compromise or settlement of any") 
82     Page 7, line 29, leave out subsection (8) 
  
After Clause 11
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE LORD ACKNER
 
83     Insert the following new Clause-- 
     ("  .--(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 persons 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.
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD ACKNER
 
84     Insert the following new Clause-- 
     ("  .--(1)  In determining for the purposes of sections 10 and 11 the financial resources of an individual, regulations shall provide that the first £100,000 (or such larger amount as may be specified) of the value of the beneficial interest of the individual in the equity of a dwelling house which is his only or principal evidence shall be disregarded.
 
    (2)  For the purposes of this section "equity value" means the market value of the dwelling house after deducting the debts not exceeding £100,000 (or such larger amount as may be specified) secured on it by a morgage or charge.
 
    (3)  Regulations may provide that the amount to be disregarded under subsection (1) may be reduced in specified circumstances where the equity exceeds £100,000 (or such larger amount as may be specified) and the individual does not have the sole beneficial interest in the equity.")
Determination of financial resources for contributions and costs.
85     Insert the following new Clause-- 
     ("  .--(1)  The Commission shall conduct research into the likely demand for and financial viability of conditionally funded fee agreements (as defined in section 58(6) of the Courts and Legal Services Act 1990).
 
    (2)  For the purposes of such research the Lord Chancellor may by order authorise the Commission to enter into conditionally funded fee agreements as the funder subject to such restrictions as may be specified in the order.
 
    (3)  The Lord Chancellor shall pay to the Commission such sums as he thinks appropriate to enable the Commission to conduct such research.
 
    (4)  The Commission shall submit a report on the results of its research under this section to the Lord Chancellor and shall publish its report.
 
    (5)  The Lord Chancellor may, after receiving the report, by order authorise the Commission to enter into conditionally funded fee agreements as the funder to any extent specified in the order.
 
    (6)  The Lord Chancellor shall pay to the Commission such sums by way of loan or grant as he thinks appropriate for meeting any liabilities incurred by the Commission in acting under an authority given under subsection (5) and may guarantee discharge by the Commission of any such liabilities.")
Conditionally funded fee agreements.
  
Clause 12
 
  
BY THE LORD CHANCELLOR
 
86     Page 8, line 30, leave out from ("of") to end of line 32 and insert ("securing that individuals involved in criminal investigations or criminal proceedings have access to such advice, assistance and representation as the interests of justice require.") 
87     Page 8, line 33, leave out ("this Part") and insert ("subsection (1)") 
88     Page 8, line 37, after ("proceedings") insert ("before any court") 
89     Page 8, line 38, leave out ("for dealing with an offender for an offence or") and insert ("before any court for dealing with an individual convicted of an offence, for dealing with an individual") 
90     Page 8, line 39, leave out ("offender under section 6") and insert ("individual under section 9") 
91     Page 8, line 44, at end insert-- 
 
    ("(  )  proceedings on an appeal brought by an individual under section 44A of the Criminal Appeal Act 1968,")
1968 c. 19.
92     Page 8, line 45, leave out ("supervision orders") and insert ("a supervision order in respect of an individual") 
93     Page 9, line 1, after ("contempt") insert ("committed, or alleged to have been committed, by an individual") 
94     Page 9, line 2, after ("proceedings") insert ("concerning an individual, before any such court or other body,") 
95     Page 9, line 8, at end insert ("; 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.") 
96     Page 9, line 8, at end insert--
 
    ("(  )  The Lord Chancellor may by order require the Commission to discharge the functions in subsection (5) in accordance with the order.")
 
 
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Prepared 11 February 1999