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

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE LORD GOODHART
THE LORD ACKNER
THE LORD PHILLIPS OF SUDBURY
 
1     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 each House of Parliament a statement of the information given by him to the Commission under subsections (2A) or (2B).")
 
  
Clause 7
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD ACKNER
 
2     Page 5, line 17, at end insert--
 
    ("(  )  In funding services as part of the Community Legal Service, the Commission shall aim to obtain the best long term value for money on the basis that all persons and bodies applying for funding who meet the standards set by the Commission shall be able to provide services for individuals under this Part of this Act on terms as to remuneration and otherwise, set by contract or by regulations.")
 
  
Clause 11
 
  
BY THE LORD CHANCELLOR
 
3     Page 8, line 23, leave out ("conduct such as is specified in section 9(2)(f)") and insert ("relevant conduct") 
4     Page 8, line 31, at end insert--
 
("and in paragraph (b) "relevant conduct" means conduct in connection with the services (or any application for their funding) or in, or in connection with, any proceedings in relation to which they are provided.")
 
  
After Clause 12
 
  
BY THE LORD GOODHART
THE LORD ACKNER
THE LORD PHILLIPS OF SUDBURY
 
5     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.
  
Clause 13
 
  
BY THE LORD CHANCELLOR
 
6     Page 10, line 22, leave out (", for dealing with an individual in respect of a sentence or") and insert ("(including proceedings in respect of a sentence or order),
    (ba)  proceedings")
 
7     Page 10, leave out lines 31 to 34 
  
Clause 15
 
  
BY THE LORD CHANCELLOR
 
8     Page 12, line 37, leave out ("for him") 
9     Page 12, line 38, leave out ("for an individual") 
10     Page 12, line 39, leave out ("by him") 
11     Page 12, line 41, leave out ("an individual may select") 
12     Page 12, line 42, at end insert ("may be selected") 
  
Clause 32
 
  
BY THE LORD ACKNER
 
13     Leave out Clause 32 
  
Clause 40
 
  
BY THE LORD CHANCELLOR
 
14     Page 25, line 20, after ("court") insert ("or courts") 
15     Page 25, line 24, at end insert--
 
    ("(  )  No appeal may be made against a decision of a court under this section to give or refuse permission (but this subsection does not affect any right under rules of court to make a further application for permission to the same or another court).")
 
  
After Clause 43
 
  
BY THE LORD CHANCELLOR
 
16     Insert the following new Clause-- 
     (".--(1) In section 40(6) of the Criminal Justice Act 1991 (order returning offender to prison for unserved portion of sentence to be treated for purposes of appeal provisions as sentence passed for original offence), for the words from "any enactment" to "made" substitute "sections 9 and 10 of the Criminal Appeal Act 1968, any order made by the Crown Court under subsection (2) above, or made under subsection (3A) above,".Appeals against orders to serve remainder of sentence.
1991 c. 53.
1968 c. 19.
     (2)  Section 10 of the Criminal Appeal Act 1968 (appeal to Court of Appeal by person dealt with by Crown Court for offence of which he was not convicted on indictment) is amended in accordance with subsections (3) and (4).
 
    (3)  In subsection (2) (proceedings from which an appeal lies), insert at the end "; or
1968 c. 19.
 
      (c)  having been released under Part II of the Criminal Justice Act 1991 after serving part of a sentence of imprisonment or detention imposed for the offence, is ordered by the Crown Court to be returned to prison or detention,".
    (4)  In subsection (3) (cases where person may appeal), in paragraph (cc) (order under section 40(3A)), for "40(3A)" substitute "40(2) or (3A)".")
1991 c. 53.
  
After Clause 44
 
  
BY THE LORD CHANCELLOR
 
17     Insert the following new Clause-- 
     (". For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute--Calling into question of incidental decisions.
1981 c. 54.
 Calling into question of incidental decisions in civil division.     58.--(1) Rules of court may provide that decisions of the Court of Appeal which--
    (a)  are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court, and
    (b)  do not involve the determination of an appeal or of an application for permission to appeal,
may be called into question in such manner as may be prescribed.
 
    (2)  No appeal shall lie to the House of Lords from a decision which may be called into question pursuant to rules under subsection (1)."")
 
  
After Clause 51
 
  
BY THE LORD CHANCELLOR
 
18     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.
  
After Clause 56
 
  
BY THE LORD CHANCELLOR
 
19     Insert the following new Clause-- 
     (". Schedule (Enforcement of community orders made by Crown Court) (which transfers to the Crown Court certain functions relating to the enforcement of community orders made by the Crown Court which are currently functions of magistrates' courts) has effect.")Enforcement of community orders made by Crown Court.
  
Clause 60
 
  
BY THE LORD ACKNER
 
20*     Page 38, line 40, leave out ("subject to annulment in pursuance of a resolution of either House") and insert ("laid in draft before, and subject to approval by resolution of, both Houses") 
  
Clause 82
 
  
BY THE LORD CHANCELLOR
 
21     Page 52, line 26, leave out ("and") and insert--
    ("(  )  Schedule 10,")
 
22     Page 52, line 28, at end insert ("and
    (  )  section 81.")
 
  
Clause 83
 
  
BY THE LORD CHANCELLOR
 
23     Page 52, line 32, leave out ("extends") and insert ("and section (Power to allow children to attend criminal proceedings)(2) extend") 
24     Page 52, line 34, leave out from ("77") to ("this") in line 4 on page 53 and insert ("extend to England and Wales, Scotland and Northern Ireland.
 
    (4)  The other provisions of this Act which make amendments or repeals or revocations in other enactments also have the same extent as the enactments which they amend or repeal or revoke.
 
    (4A)  Subject to subsection (4), the provisions of this Part (including paragraph 1, but not the rest, of Schedule 10) extend to England and Wales, Scotland and Northern Ireland.
 
    (5)  Subject to the preceding provisions,")
 
  
Schedule 1
 
  
BY THE LORD CHANCELLOR
 
25     Page 57, line 33, at end insert--
 
("and the plan shall include a summary of what the Commission has ascertained in the exercise of its functions under section 5(5).")
 
26     Page 58, leave out lines 7 to 32 and insert--
 
    ("(3)  The Commission shall send a copy of the statement of accounts in respect of each financial year to the Lord Chancellor and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Lord Chancellor may specify by direction given to the Commission.
 
    (4)  The Comptroller and Auditor General shall--
    (a)  examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and
    (b)  lay a copy of each such statement of accounts, and his report on it, before each House of Parliament.")
 
  
Schedule 2
 
  
BY THE LORD KINGSLAND
THE LORD ACKNER
 
27     Page 59, line 5, leave out ("for clinical negligence") and insert ("specified in sub-paragraph (2)") 
28     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.")
 
  
BY THE LORD CLINTON-DAVIS
 
29*     Page 59, line 27, after ("costs,") insert--
    ("(  )  proceedings in coroner's inquests into death in appropriate cases,")
 
  
Schedule 5
 
  
BY THE LORD KINGSLAND
THE LORD ACKNER
 
30     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."")
 
  
BY THE LORD GOODHART
THE LORD ACKNER
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
31     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.")
 
  
BY THE LORD KINGSLAND
THE LORD ACKNER
 
32     Page 74, leave out lines 36 and 37 
33     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),")
 
  
BY THE LORD GOODHART
THE LORD ACKNER
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
34     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.")
 
  
BY THE LORD KINGSLAND
THE LORD ACKNER
 
35     Page 74, line 46, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor") 
36     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") 
37     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") 
38     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") 
39     Page 75, line 18, leave out from ("when") to ("are") and insert ("the question whether a recommendation is to be made is under consideration") 
40     Page 77, leave out lines 6 and 7 
41     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") 
42     Page 77, line 11, leave out from ("30") to ("; and") in line 12 
43     Page 77, line 13, leave out ("he") and insert ("the Lord Chancellor") 
  
BY THE LORD GOODHART
THE LORD ACKNER
THE LORD PHILLIPS OF SUDBURY
 
44     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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Prepared 16 March 1999