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("( ) To the extent that that duty has effect as a duty of the Lord Chancellor he shall comply with it by making payments to persons or bodies in respect of the provision of representation by them; and, accordingly, references in this Act and any other enactment to representation (or services) funded by the Commission as part of the Criminal Defence Service include representation funded by the Lord Chancellor under this sub-paragraph.
( ) The Lord Chancellor shall by order made by statutory instrument make provision about such payments (including provision for reviews of, or appeals against, determinations required for the purposes of the order); and subsections (2) and (3) of section 25 of this Act shall apply to it (as if it were a remuneration order as defined by subsection (4) of that section).")

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Page 108, line 11, at end insert--

("Legal aid in Scotland

. If section 28 of this Act comes into force before section 1 of the Tax Credits Act 1999, the reference in section 28 to disabled person's tax credit shall, until section 1 of the Tax Credits Act 1999 comes into force, have effect as a reference to disability working allowance.")
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Page 110, line 40, at end insert--

("Youth courts

26A.--(1) Subject to any order under paragraph 6 of the Second Schedule to the Children and Young Persons Act 1933 (as amended by this Act), there shall from the coming into force of section (Constitution of youth courts) of this Act be a combined youth court panel for the area consisting of the inner London boroughs and the City of London (in spite of paragraph 3 of that Schedule).
(2) If section (Constitution of youth courts) of this Act comes into force before section 64 of this Act, then until section 64 comes into force paragraph 9 of the Second Schedule to the Children and Young Persons Act (as amended by this Act) shall not prevent there being a combined youth panel for the City of London and any other area.")
202

Page 111, line 3, leave out ("coming into force of section 64 of this Act,") and insert ("Greater London Magistrates' Courts Authority becomes the magistrates' courts committee for Greater London,")


203

Page 112, leave out line 5


204

Page 112, line 6, after ("liabilities") insert ("and to exercise any function")


205

Page 112, line 7, leave out ("begins to act as a magistrates' courts committee,") and insert ("becomes the magistrates' courts committee for Greater London,")


206

Page 112, line 9, at end insert--


("(2) For the purposes of sections 39A and 39B of the Justices of the Peace Act 1997 (inserted by section (Code of conduct) of this Act) the Authority shall be treated as a magistrates' courts committee until it actually becomes the magistrates' courts committee for Greater London.")
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Page 112, line 9, at end insert--

("Schemes for transfer of property to GLMCA

30A.--(1) The Lord Chancellor may make one or more schemes for the transfer to the Greater London Magistrates' Courts Authority of such of the property, rights and liabilities of--
(a) a magistrates' courts committee,
(b) the Receiver for the Metropolitan Police District,
(c) the council of an outer London borough, or
(d) the Common Council of the City of London,
as appear to him to be appropriate to be transferred for the performance of the Authority's functions.
(2) In this paragraph references to the "transferor", in relation to a scheme, are to the person mentioned in sub-paragraph (1) from whom property is transferred under the scheme.
(3) A scheme under this paragraph may--
(a) provide for transfers under the scheme to be on such terms (including terms requiring payment to the transferor) as the Lord Chancellor thinks fit,
(b) apportion or create rights and liabilities in relation to any property transferred, and
(c) make any appropriate, consequential, incidental or supplementary provisions.
(4) On the day appointed by a scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this sub-paragraph, and in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer, be transferred in accordance with the scheme.

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(5) Anything done (or having effect as if done) by or in relation to the transferor before the time when a scheme comes into effect for the purposes of, or in connection with, anything transferred under the scheme shall, so far as is required for continuing its effect after that time, have effect as if done by or in relation to the Authority.
(6) Any reference to the transferor in any document, including any enactment, constituting or relating to anything transferred under a scheme shall, so far as is required for giving effect to the scheme, be construed as a reference to the Authority.
(7) Where rights and liabilities under a contract of employment are transferred under a scheme under this paragraph--
(a) for the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc.), the employee shall not be regarded as having been dismissed by virtue of the transfer, and
(b) for the purposes of that Act, the employee's period of employment with the transferor shall count as a period of employment with the Authority, and the change of employment shall not break the continuity of the period of employment.
Stamp duty on transfer schemes

30B.--(1) Stamp duty shall not be chargeable--
(a) on any scheme under paragraph 30A, or
(b) on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Lord Chancellor as made in pursuance of such a scheme.
(2) No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless--
(a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or
(b) it is stamped with the duty to which it would be liable, apart from this paragraph.
(3) Section 12 of the Finance Act 1895 shall not operate to require--
(a) the delivery to the Inland Revenue of a copy of this Act, or
(b) the payment of stamp duty under that section on any copy of this Act,
and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.
Continuing provision of court-houses, accommodation etc

30C.--(1) The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the time when paragraph 30A comes into force was provided by--
(a) the council of an outer London borough, or
(b) the Common Council of the City of London,
pursuant to section 55 of the Justices of the Peace Act 1997 (and is not transferred under a scheme under paragraph 30A) shall after that time be provided by that council to the Greater London Magistrates' Courts Authority for the performance of the functions referred to in section 59A(1) of that Act.
(2) Regulations under sub-paragraph (1) may--
(a) prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and
(b) prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

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(3) Any duty imposed on a council by regulations under sub-paragraph (1) may at any time be--
(a) varied or restricted by agreement between the council and the Lord Chancellor, or
(b) terminated by the Lord Chancellor after consulting the council.
(4) Regulations under sub-paragraph (1) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pensions of inner London court staff

30D.--(1) The Lord Chancellor may by order made by statutory instrument make provision about the provision of pensions for or in respect of persons who are or have been members of the inner London court staff.
(2) An order under this paragraph may include provision for, or in connection with--
(a) enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme, and
(b) the administration or management of pension schemes or pension funds.
(3) Provision of the kind specified in sub-paragraph (2)(a) may--
(a) with the consent of the Minister for the Civil Service, include provision for section 1 of the Superannuation Act 1972 (pensions of civil servants etc) to apply to persons who are or have been members of the inner London court staff, or
(b) include provision for persons who have been members of the inner London court staff but who are employees of the Greater London Magistrates' Courts Authority by virtue of a scheme under paragraph 30A to be regarded as continuing to be members of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs).
(4) An order under this paragraph containing provision of the kind specified in sub-paragraph (3)(a) may also contain provision for such body or person as may be specified in the order to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision (so far as referable to that body or person) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
(5) Where an order is made under this paragraph containing provision of the kind specified in sub-paragraph (3)(a), the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit--
(a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to persons who are or have been members of the inner London court staff, or
(b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person.
(6) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under sub-paragraph (5)(a) may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.
(7) Where a person is authorised under sub-paragraph (5)(b) or (6) to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

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(8) Sub-paragraph (7) does not apply for the purposes of--
(a) any criminal proceedings against the authorised person (or any employee of his), or
(b) any contract between him and the person who authorised him, so far as relating to the function.
(9) An order under this paragraph may provide that any enactment repealed by this Act shall continue to have effect for any purpose specified in the order with such modifications as may be so specified.
(10) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11) In this paragraph the "inner London court staff" means--
(a) the justices' chief executive employed by the magistrates' courts committee for the area consisting of the inner London boroughs,
(b) any justices' clerk for that area, and
(c) staff of the magistrates' courts committee for that area.")
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Page 112, leave out lines 20 to 24


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