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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 be moved on consideration of Commons Amendments in the House of Lords.


[The page and line refer to Bill 67 as first printed for the Commons.]

Amendment
No.
 
  
Clause 14
 
  
COMMONS AMENDMENT NO. 27
 
27     Page 11, line 18, after ("assistance,") insert--
    ("(  )  itself providing advice or assistance,")
 
  
COMMONS AMENDMENT NO. 28
 
28     Page 11, line 20, leave out (", except itself providing advice or assistance") 
  
Clause 15
 
  
COMMONS AMENDMENT NO. 29
 
29     Page 11, line 40, at end insert--
    ("(  )  itself providing representation,")
 
  
COMMONS AMENDMENT NO. 30
 
30     Page 11, line 43, leave out (", except itself providing representation") 
  
LORDS REASON
 
     The Lords disagree to Commons Amendments 27 to 30 for the following Reason--
 
    Because it is not appropriate for the Legal Services Commission itself to provide advice, assistance or representation to individuals involved in criminal investigations or criminal proceedings.
 
  
COMMONS AMENDMENTS IN LIEU
 
     The Commons do not insist on their Amendments 27 to 30 to which the Lords have disagreed but propose the following Amendments in lieu thereof-- 
  
Clause 14
 
30B     Page 11, line 18, after ("assistance,") insert--
    ("(  )  employing persons to provide advice or assistance,")
 
  
BY THE LORD GOODHART
[As an amendment to Commons Amendment 30B]
 
30BA*     Line 2, at end insert ("in areas where appropriate advice or assistance is not reasonably available from other sources") 
30C     Page 11, line 20, leave out (", except itself providing advice or assistance") 
  
Clause 15
 
30D     Page 11, line 40, at end insert--
    ("(  )  employing persons to provide representation,")
 
  
BY THE LORD GOODHART
[As an amendment to Commons Amendment 30D]
 
30DA*     Line 2, at end insert ("in areas where appropriate representation is not reasonably available from other sources") 
30E     Page 11, line 43, leave out (", except itself providing representation") 
30F     Page 12, line 35, after ("Commission") insert ("or by a body established and maintained by the Commission") 
  
COMMONS AMENDMENT NO. 31
 
31     Page 12, line 25, at end insert--
    ("(  )  an individual who has been provided with advice or assistance funded by the Commission under section 14 is to be taken to have selected as his representative pursuant to that right the person who provided the advice or assistance,")
 
  
LORDS REASON
 
     The Lords disagree to this amendment for the following Reason--
 
    Because an individual who has been provided with advice or assistance funded by the Commission under section 14 should not be taken to have selected as his representative pursuant to that right the person who provided the advice or assistance.
 
  
COMMONS AMENDMENTS IN LIEU
 
     The Commons do not insist on their Amendment 31 to which the Lords have disagreed but propose the following Amendments in lieu thereof-- 
31C     Page 12, line 25, at end insert--
    ("(aa)  an individual who has been provided with advice or assistance funded by the Commission under section 14 by a person whom he chose to provide it for him is to be taken to have selected that person as his representative pursuant to that right,")
 
31D     Page 12, line 35, at end insert--
 
    ("(9A)  Regulations under subsection (8)(aa) may prescribe circumstances in which an individual is to be taken to have chosen a person to provide advice or assistance for him.")
 
  
Clause 29
 
  
COMMONS AMENDMENT NO. 56
 
56     Page 19, line 14, at end insert--
 
    ("(5)  If a conditional fee agreement is an agreement to which section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.")
 
  
LORDS AMENDMENT
 
56B     Line 4, after ("applies") insert ("or is an agreement which is enforceable at common law") 
  
COMMONS AMENDMENT IN LIEU
 
     The Commons disagree to Lords Amendment 56B to Commons Amendment 56 but propose the following Amendment in lieu thereof-- 
56C     Page 19, line 17, after ("proceedings") insert ("apart from proceedings under section 82 of the Environmental Protection Act 1990")1990 c. 43.
 
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Prepared 26 July 1999