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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 Amendments to the Access to Justice Bill [H.L.] to be moved on Third Reading in the House of Lords.

  
Clause 2
 
  
BY THE LORD GOODHART
 
     Page 2, line 12, at end insert--
 
    ("(2A)  The Lord Chancellor shall before the commencement of each financial year inform the Commission--
    (a)  of the sums which he intends to pay to the Commission during that year for the funding of services by the Commission as part of the Community Legal Service, and
    (b)  of the sums which he expects to pay to the Commission during that year to meet the costs of any advice, assistance and representation funded by the Commission as part of the Criminal Defence Service.
    (2B)  The Lord Chancellor shall inform the Commission of any subsequent change in his intention referred to in subsection (2A)(a) or in his expectation referred to in subsection (2A)(b), and of his reasons for making any such change.
 
    (2C)  The Lord Chancellor shall not make any change involving a reduction of the sums referred to in subsection (2A)(a) unless the Commission has advised him that such reduction can be made without detriment to the services which are to be funded from the Community Legal Service for that year pursuant to the plan published under paragraph 15 of Schedule 1.
 
    (2D)  The Lord Chancellor shall lay before the each House of Parliament a statement of the information given by him to the Commission under subsections (2A) or (2B)")
 
  
After Clause 12
 
  
BY THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .--(1)  In determining for the purposes of sections 11 and 12 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 residence 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 mortgage 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.
  
Schedule 5
 
  
BY THE LORD GOODHART
 
     Page 69, line 44, at end insert--
 
    ("(  )  The Lord Chancellor shall not decide to grant the application unless at least two of the designated judges have advised him that the application should be granted.")
 
     Page 74, line 45, 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.")
 
     Page 77, line 16, at end insert--
 
    ("(  )  The Lord Chancellor shall not decide to make the recommendation unless at least two of the designated judges have advised him that the recommendation should be made.")
 
 
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