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

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Clause 35
 
  
BY THE LORD CHANCELLOR
 
174     Page 20, line 27, after ("act") insert ("with independence") 
  
BY THE LORD HACKING
THE LORD BORRIE
THE LORD PHILLIPS OF SUDBURY
 
175     Page 20, line 32, at end insert--
        ("(2B)  Where any person who exercises before any court a right of audience granted by an authorised body is employed as an advocate and is dismissed from his employment, then he shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he acted in a manner which was not consistent with the best interests of the employer, or otherwise failed in his duty to his employer, when such action or failure to act occurred by reason of his compliance with either or both of the duties described in subsection (2A)."")
 
  
BY THE LORD KINGSLAND
 
176     Page 20, line 32, at end insert--
 
    ("(2B)  An act committed by a person not subject to the rules of conduct of an authorised body and--
    (a)  which is intended by him to bring about in a breach by another of the duty imposed by subsection (2A)(a); or
    (b)  which he ought reasonably to appreciate is likely to bring about such a breach,
shall be punishable as a contempt of the court concerned; and that is so whether or not the person committing the alleged contempt knew (or ought to have known) that the conduct intended (or likely) to be brought about on the part of the other amounted in law to a breach of that duty."")
 
  
BY THE LORD CHANCELLOR
 
177     Page 20, line 37, after ("act") insert ("with independence") 
  
BY THE LORD HACKING
THE LORD BORRIE
THE LORD PHILLIPS OF SUDBURY
 
178     Page 20, line 42, at end insert--
 
    ("(2B)  Where any person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body is employed to provide legal services and is dismissed from his employment, then he shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he acted in a manner which was not consistent with the best interests of the employer, or otherwise failed in his duty to his employer, when such action or failure to act occurred by reason of his compliance with either or both of the duties described in subsection (2A)."")
 
  
BY THE LORD KINGSLAND
 
179     Page 20, line 42, at end insert--
 
    ("(2B)  An act committed by a person not subject to the rules of conduct of an authorised body and--
    (a)  which is intended by him to bring about in a breach by another of the duty imposed by subsection (2A)(a); or
    (b)  which he ought reasonably to appreciate is likely to bring about such a breach,
shall be punishable as a contempt of the court concerned; and that is so whether or not the person committing the alleged contempt knew (or ought to have known) that the conduct intended (or likely) to be brought about on the part of the other amounted in law to a breach of that duty."")
 
  
After Clause 36
 
  
BY THE LORD CHANCELLOR
 
180     Insert the following new Clause-- 
     (". A public notary may practise as a notary in, or within three miles of, the City of London whether or not he is a member of the Incorporated Company of Scriveners of London (even if he is admitted to practise only outside that area).")Public notaries: abolition of scriveners' monopoly.
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
181     Insert the following new Clause-- 
     ("  .--(1)  The restrictions on a right of a public notary to practice as a notary or to perform or certify any notarial act within the jurisdiction of the Incorporated Company of Scriveners of London shall be abolished.
 
    (2)  The following enactments shall cease to have effect--
    (a)  section 13 of the Public Notaries Act 1801;
    (b)  section 6 of the Public Notaries Act 1843; and
    (c)  section 57(11) of the Courts and Legal Services Act 1990.")
Abolition of certain restrictions on public notary to practice as a notary.
  
Clause 37
 
  
BY THE LORD CHANCELLOR
 
181A     Page 21, line 30, leave out subsection (6) 
  
Clause 38
 
  
BY THE LORD CHANCELLOR
 
181B     Page 21, line 38, after ("made") insert ("to the Court of Appeal") 
181C     Page 21, line 38, at end insert ("the Court of Appeal considers that") 
181D     Page 22, line 1, leave out ("special reason for the appeal to be made") and insert ("compelling reason for the Court of Appeal to hear it") 
181E     Page 22, line 4, leave out subsection (3) 
  
Clause 39
 
  
BY THE LORD CHANCELLOR
 
181F     Page 22, line 33, leave out subsection (8) 
  
Clause 40
 
  
BY THE LORD CHANCELLOR
 
181G     Page 23, line 6, leave out subsection (3) 
  
After Clause 46
 
  
BY THE LORD CHANCELLOR
 
182     Insert the following new Clause-- 
     (".--(1) The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen's Bench Division and any person so appointed shall hold that office in accordance with the terms of his appointment.Vice-president of the Queen's Bench Division.
     (2)  In section 4 of the Supreme Court Act 1981 (composition of High Court)--
    (a)  in subsection (1) (membership), after the words "the Senior Presiding Judge;" insert--
      (ddd)  the vice-president of the Queen's Bench Division;", and
    (b)  in subsection (6) (vacancy in offices not to affect constitution), at the end insert "and whether or not an appointment has been made to the office of vice-president of the Queen's Bench Division."
    (3)  In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen's Bench Division), after "thereof," insert "the vice-president of the Queen's Bench Division".")
1981 c. 54.
  
After Clause 47
 
  
BY THE LORD PHILLIPS OF SUDBURY
 
183     Insert the following new Clause-- 
     ("  .  In section 36 of the Children and Young Persons Act 1933 (prohibition against children being present in court) after "shall", where it first appears, insert "without the consent of the court (which may be withdrawn at any time)".")Prohibition
against children
being present in
court during the
trial of other
persons.
  
Clause 54
 
  
BY THE LORD MOTTISTONE
 
184     Page 32, line 19, at end insert--
    ("(  )  a unitary county council;")
 
  
Clause 58
 
  
BY THE LORD JENKIN OF RODING
 
185     Leave out Clause 58 
  
Clause 59
 
  
BY THE LORD CHANCELLOR
 
186     Page 36, line 30, leave out from ("to") to end of line 31 and insert ("matters of law (including procedure and practice) among the justices' clerks appointed by the committee, in particular with a view to securing consistency in the advice given by them to justices about such matters.") 
187     Page 37, line 3, leave out subsection (3) 
  
After Clause 59
 
  
BY THE LORD CHANCELLOR
 
188     Insert the following new Clause-- 
     (".--(1) For section 48 of the Justices of the Peace Act 1997 substitute--Independence of clerks and staff exercising legal functions.
1997 c. 25.
 Independence of justices' clerks and staff exercising legal functions.     48.--(1) When exercising any legal function--
    (a)  a justices' clerk shall not be subject to the direction of the justices' chief executive or any other person or body; and
    (b)  a member of the staff of a magistrates' courts committee shall not be subject to the direction of any person or body other than a justices' clerk.
    (2)  In subsection (1) "legal function" means--
    (a)  any function exercisable by one or more justices of the peace; or
    (b)  a function specified in section 45(4) or (5) above."
 
     (2)  In section 45 of that Act (functions of justices' clerks)--
    (a)  in subsection (4) (advice on law, practice or procedure to justices at their request), for "law, practice or procedure" substitute matters of law (including procedure and practice)", and
    (b)  in subsection (5) (power to bring point of law, practice or procedure to attention of justices), for "law, practice or procedure" substitute "law (including procedure and practice)".")
 
  
Clause 60
 
  
BY THE LORD CHANCELLOR
 
189     Page 37, leave out lines 26 to 31 and insert ("those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997.")1997 c. 25.
  
Schedule 10
 
  
BY THE LORD CHANCELLOR
 
190     Page 99, line 44, leave out ("directs") and insert ("specifies") 
190A     Page 100, line 12, leave out ("14(2)(a)") and insert ("14(1)") 
191     Page 100, line 14, leave out ("direct") and insert ("specify") 
  
Schedule 11
 
  
BY THE LORD CHANCELLOR
 
192     Page 106, line 22, at end insert-- 
 
("41 Geo. 3 c. 79. The Public Notaries
Act 1801.
Section 13.
6 & 7 Vict. c. 90. The Public Notaries
Act 1843.
Section 6.")
 
193     Page 106, line 36, at end insert-- 
 
("1985 c. 36. The Administration of
Justice Act 1985.
Section 65.")
 
194     Page 107, line 8, column 3, at end insert-- 
 
      ("Section 57(11).")
 
195     Page 107, line 10, column 3, at end insert-- 
 
      ("In section 113, in subsection (1), in the definition of "general notary", paragraph (b) and the preceding "or" and, in subsection (10), paragraph (d) and the preceding "and".")
 
  
In the Title
 
  
BY THE LORD CHANCELLOR
 
196     Line 5, leave out second ("and") and insert (", to enable the Lord Chancellor to appoint a vice-president of the Queen's Bench Division and to make provision about") 
 
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Prepared 16 February 1999