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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.

  
After Clause 51
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
     ("  .--(1) In section 36 of the Children and Young Persons Act 1933 (child not to be present at criminal trial except where required as witness or otherwise for the purposes of justice), after "justice" insert "or while the court consents to his presence".Power to allow children to attend criminal proceedings.
1933 c. 12.
     (2)  In section 50(1) of the Criminal Procedure (Scotland) Act 1995 (child not to be present at criminal proceedings unless required as witness or otherwise for the purposes of justice), after "justice" insert "or the court consents to his presence".")1995 c. 46.
  
Clause 83
 
  
BY THE LORD CHANCELLOR
 
     Page 52, line 32, leave out ("extends") and insert ("and section (Power to allow children to attend criminal proceedings)(2) extend") 
  
Schedule 2
 
  
BY THE LORD KINGSLAND
 
     Page 59, line 5, leave out ("for clinical negligence") and insert ("specified in sub-paragraph (2)") 
     Page 59, line 10, at end insert--
 
    ("(2)  The proceedings not prevented by sub-paragraph (1)(a) from being funded as part of the Community Legal Service are--
    (a)  proceedings for clinical negligence, and
    (b)  proceedings for negligence where the alleged damage is to the person, so long as the person claiming in respect of the damage is--
          (i)  a minor;
          (ii)  incapable of managing and administering his property and affairs by reason of mental disorder within the meaning of the Mental Health Act 1983;
          (iii)  entitled to a retirement pension under Part II of the Social Security Contributions and Benefits Act 1992; or
          (iv)  entitled to a disability living allowance under Part III, or a disability working allowance under Part IV, of that Act.")
 
  
Schedule 5
 
  
BY THE LORD KINGSLAND
 
     Page 68, line 10, at end insert--
        ("(2)  Every person exercising functions in connection with that Schedule shall act compatibly with the principle that a strong, independent and self-regulating legal profession should be preserved.")
 
     Page 74, leave out lines 36 and 37 
     Page 74, line 43, leave out from beginning to ("decide") in line 45 and insert--
 
("the Lord Chancellor and the designated judges shall (acting, in the event of disagreement, by majority,")
 
     Page 74, line 46, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor") 
     Page 75, line 1, leave out from first ("the") to ("shall") and insert ("decision is that the alterations are to be made, the Lord Chancellor") 
     Page 75, line 4, leave out from first ("the") to ("may") and insert ("decision is that the alterations are to be made, the Lord Chancellor") 
     Page 75, line 17, leave out ("is") and insert ("and the designated judges (or, in the event of disagreement, a majority of those persons) are") 
     Page 75, line 18, leave out from ("when") to ("are") and insert ("the question whether a recommendation is to be made is under consideration") 
     Page 77, leave out lines 6 and 7 
     Page 77, line 9, leave out from ("whether") to ("shall") in line 10 and insert ("the Lord Chancellor is to make the recommendation, he and the designated judges") 
     Page 77, line 11, leave out from ("30") to ("; and") in line 12 
     Page 77, line 13, leave out ("he") and insert ("the Lord Chancellor") 
  
Schedule 11
 
  
BY THE LORD CHANCELLOR
 
     Page 111, line 33, at end insert-- 
 
("1933 c. 12. The Children and Young
Persons Act 1933.
In section 36, the proviso.")
 
  
In the Title
 
  
BY THE LORD CHANCELLOR
 
     Line 7, leave out ("the reporting of") 
 
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Prepared 15 March 1999