Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
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After Clause 72
123     Insert the following new Clause-- 
     (". In the Magistrates' Courts Act 1980, after section 125B (inserted by section 72(2) above) insert--Disclosure of information for enforcing warrants.
1980 c. 43.
 Disclosure of information for enforcing warrants.     125C.--(1) Basic personal information held by a relevant public authority may, on the application of a justices' chief executive, be supplied by the authority to him (or to a justices' clerk appointed by, or member of the staff of, his magistrates' courts committee who is specified in the application) for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified.
    (2)  In this section--
    basic personal information" means a person's name, date of birth or national insurance number or the address (or any of the addresses) of a person;
    relevant public authority" means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and
    a section 125A(1) warrant" means a warrant to which section 125A(1) above applies and which has been issued by a justice of the peace to whom the justices' chief executive making the application is chief executive.
    (3)  Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to--
    (a)  any person entitled to execute the warrant;
    (b)  any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or
    (c)  any person who is the justices' chief executive, a justices' clerk or a member of the staff of the magistrates' courts committee whose justices' chief executive made the application for the information.
    (4)  A person who intentionally or recklessly--
    (a)  discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or
    (b)  uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,
commits an offence.
    (5)  But it is not an offence under subsection (4) above--
    (a)  to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
    (b)  to disclose any information which has previously been lawfully disclosed to the public.
    (6)  A person guilty of an offence under subsection (4) above is liable--
    (a)  on summary conviction, to a fine not exceeding the statutory maximum; or
    (b)  on conviction on indictment, to a fine.
    (7)  The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".")
Clause 74
124     Page 46, line 10, leave out ("125B (inserted by section 72(2)") and insert ("125C (inserted by section (Disclosure of information for enforcing warrants)") 
125     Page 46, line 12, leave out ("125C") and insert ("125D") 
Clause 86
126     Page 53, line 2, leave out ("subsection") and insert ("subsections (1A) and") 
127     Page 53, line 5, at end insert ("and, in the case of section (Time limits where accused sent to Crown Court for trial)(2), for different areas.") 
128     Page 53, line 5, at end insert--
    ("(1A)  Section (Fees on application for appointment as QC) shall come into force on the day on which this Act is passed.")
129     Page 53, line 8, leave out ("Part II") and insert ("in Part II, sections 27 to (References by Scottish Criminal Cases Review Commission)") 
130     Page 53, line 9, at end insert ("apart from section (Time limits where accused sent to Crown Court for trial)(2), section 60 and Schedule 9 and section (Adjournment of inquest in event of judicial inquiry),") 
131     Page 53, line 10, after (" 65") insert (", (Code of conduct)") 
Clause 87
132     Page 53, line 19, leave out ("Part II and section") and insert ("Sections 27 to (References by Scottish Criminal Cases Review Commission) and") 
133     Page 53, line 21, after ("Sections") insert ("(Judges holding office in European or international courts),") 
Clause 88
134     Page 53, line 35, leave out subsection (2) 
Schedule 1
135     Page 55, line 28, leave out (", with the approval of the Treasury,") 
136     Page 55, line 32, leave out (", with the consent of the Treasury,") 
137     Page 55, line 33, leave out (", with the consent of the Treasury,") 
138     Page 55, line 46, leave out ("and consent of the Treasury") 
139     Page 55, line 49, leave out ("and the consent of the Treasury") 
140     Page 56, line 16, leave out ("and consent of the Treasury") 
141     Page 56, line 41, leave out (", with the consent of the Treasury,") 
Schedule 2
142     Page 58, line 28, leave out from ("help") to end of line 5 on page 60 and insert ("(beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to--
    (a)  allegations of negligently caused injury, death or damage to property, apart from allegations relating to clinical negligence,
    (b)  conveyancing,
    (c)  boundary disputes,
    (d)  the making of wills,
    (e)  matters of trust law,
    (f)  defamation or malicious falsehood,
    (g)  matters of company or partnership law, or
    (h)  other matters arising out of the carrying on of a business.
    2. Advocacy in any proceedings except--
    (1)  proceedings in--
          (a)  the House of Lords in its judicial capacity,
          (b)  the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the Government of Wales Act 1998, the Scotland Act 1998 or the Northern Ireland Act 1998,
          (c)  the Court of Appeal,
          (d)  the High Court,
          (e)  any county court,
          (f)  the Employment Appeal Tribunal, or
          (g)  any Mental Health Review Tribunal,
    (2)  proceedings in the Crown Court--
1998 c. 38.
1998 c. 46.
1998 c. 47.
          (a)  for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997,
1997 c. 40.
          (b)  which relate to an order under section 4 or 10 of the Crime and Disorder Act 1998, or
          (c)  under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,
    (3)  proceedings in a magistrates' court--
1998 c. 37.
          (a)  under section 43 or 47 of the National Assistance Act 1948, section 22 of the Maintenance Orders Act 1950, section 4 of the Maintenance Orders Act 1958 or section 106 of the Social Security Administration Act 1992,
1948 c. 29.
1950 c. 37.
1958 c. 39.
1992 c. 5.
          (b)  under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,
1972 c. 18.
          (c)  in relation to an application for leave of the court to remove a child from a person's custody under section 27 or 28 of the Adoption Act 1976 or in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,
1976 c. 36.
          (d)  for or in relation to an order under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978,
1978 c. 22.
          (e)  under the Children Act 1989,
1989 c. 41.
          (f)  under section 30 of the Human Fertilisation and Embryology Act 1990,
1990 c. 37.
          (g)  under section 20 or 27 of the Child Support Act 1991,
1991 c. 48.
          (h)  under Part IV of the Family Law Act 1996,
1996 c. 27.
          (i)  for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, or
1997 c. 40.
          (j)  under section 1, 2, 8 or 11 of the Crime and Disorder Act 1998, and
    (4)  proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).")
1998 c. 37.
Schedule 3
143     Page 60, line 9, leave out first ("of") and insert ("to") 
144     Page 60, line 12, leave out first ("of") and insert ("to") 
145     Page 60, leave out lines 17 to 31 
146     Page 60, line 34, leave out first ("of") and insert ("to") 
147     Page 60, line 35, at end insert--
    ("(  )  Where a right to representation is granted for the purposes of criminal proceedings it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.")
148     Page 60, line 36, leave out first ("of") and insert ("to") 
149     Page 60, line 39, leave out third ("of") and insert ("to") 
150     Page 60, line 42, leave out ("before a court may be withdrawn by the court") and insert ("may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.") 
151     Page 60, line 43, at end insert--
    ("(6)  The powers of a magistrates' court for any area under this paragraph may be exercised by a single justice of the peace for the area.
     (7)  Any rules under section 144 of the Magistrates' Courts Act 1980 which provide for the functions of a single justice under sub-paragraph (6) to be exercised by a justices' clerk may make different provision for different areas.")1980 c. 43.
152     Page 61, line 3, leave out first ("of") and insert ("to") 
153     Page 61, line 4, leave out ("of") and insert ("to") 
154     Page 61, line 6, leave out third ("of") and insert ("to") 
155     Page 61, line 13, leave out ("of") and insert ("to") 
156     Page 61, line 14, leave out ("of") and insert ("to") 
157     Page 61, line 16, leave out ("of") and insert ("to") 
158     Page 61, line 33, leave out ("of") and insert ("to") 
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Prepared 24 June 1999