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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Page 60, line 42, leave out ("before a court may be withdrawn by the court") and insert ("may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be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.")
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

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157

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158

Page 61, line 33, leave out ("of") and insert ("to")

Lord Falconer of Thoroton: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 143 to 158. These amendments have already been spoken to.

Moved, That the House do agree with the Commons in their Amendments Nos. 143 to 158.--(Lord Falconer of Thoroton.)

On Question, Motion agreed to.

COMMONS AMENDMENT

159

Schedule 4, page 61, line 46, at end insert--

("The Criminal Appeal Act 1968 (c.19)

. In section 50 of the Criminal Appeal Act 1968 (meaning of "sentence"), at the end insert--
"(3) An order under section 17 of the Access to Justice Act 1999 is not a sentence for the purposes of this Act."").

Lord Falconer of Thoroton: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 159. I wish to speak also to Amendments Nos. 160 to 179 inclusive and Amendments Nos. 209 to 214 inclusive.

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This group makes amendments and repeals to other legislation consequential on the replacement of the existing legal aid scheme by the community legal service and criminal defence service. They supplement or correct the consequential amendments already set out in Schedule 4 to the Bill.

Your Lordships will note in particular Amendments Nos. l62 and 173 which amend the Solicitors Act 1974 and the Administration of Justice Act 1985. These Acts provide for professional disciplinary tribunals to exclude solicitors and barristers from undertaking legal aid work. This sanction is predicated on the fact that, at present, all lawyers have a right to take legal aid cases and submit their bill to the Legal Aid Board for payment. In future, however, it will generally be for the legal services commission to decide with whom it will contract or otherwise engage to provide services. I commend these amendments to the House.

Moved, That the House do agree with the Commons in their Amendment No. 159.--(Lord Falconer of Thoroton.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

160

Schedule 4, page 62, leave out lines 2 to 9 and insert--


(". The Children and Young Persons Act 1969 has effect subject to the following amendments.
. In section 12AA(9) (restrictions on power to require young offender who is not legally represented to live in local authority accommodation)--
(a) for paragraph (a) substitute--
"(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of those proceedings but the right was withdrawn because of his conduct; or", and.
(b) in paragraph (b), for "legal aid" substitute "such representation".
. In section 23 (remands and committals to local authority accommodation), in subsection (5A) (restrictions on imposing a security requirement on person who is not legally represented)--
(a) for paragraph (a) substitute--
"(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
(b) in paragraph (b), for "legal aid" substitute "such representation".
. In that section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), in subsection (4A) (restrictions on remand of boy who is not legally represented)--
(a) for paragraph (a) substitute--
"(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
(b) in paragraph (b), for "legal aid" substitute "such representation".")

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161

Page 62, leave out lines 16 to 28 and insert--


("5. In section 21(1) of the Powers of Criminal Courts Act 1973 (restrictions on imposing sentence on person who is not legally represented)--
(a) for paragraph (a) substitute--
"(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
(b) in paragraph (b), for "legal aid" substitute "such representation".")
162

Page 62, leave out lines 32 to 38 and insert--


("(2) In subsection (2)(d) (exclusion of solicitor from legal aid work), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".
(3) In subsection (2A) (exclusion of solicitor from providing legal aid work because of conduct in connection with services under the Legal Aid Act 1988)--
(a) for "legal aid work" substitute "providing representation", and
(b) in paragraph (a), for "under the Legal Aid Act 1988" substitute "funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service".
(4) In subsection (2B) (exclusion of member of solicitor's firm from legal aid work), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".
(5) In subsection (2D) (person excluded from legal aid work may apply for termination of exclusion), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".")
163

Page 63, leave out lines 32 and 33 and insert ("the words from "section 23" to "to" substitute "section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of".")


164

Page 63, line 41, leave out ("(a) of the Note") and insert ("1(a) of the Note at the end")


165

Page 63, line 44, leave out ("or Criminal Defence Service")


166

Page 64, line 1, at end insert--


(". The Supreme Court Act 1981 has effect subject to the following amendments.
. In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert--
"(4) In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999."
. In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert--
"(6) In subsection (3) the reference to the Crown Court's jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999."").
167

Page 64, line 2, leave out ("of the Supreme Court Act 1981")


168

Page 64, line 5, leave out ("requiring the payment of a contribution")

14 Jul 1999 : Column 497


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