Statement by the Slovak EU Presidency in response to the presentations by the Chairpersons of the Security Committee; the Economic and Environmental Committee; and the Human Dimension Committee
There shall be a body known as the Legal Services Commission (in this Part referred to as “the Commission”).
The Commission shall have the functions relating to— which are conferred or imposed on it by the provisions of this Act or any other enactment.
the Community Legal Service, and
the Criminal Defence Service,
The Commission shall consist of— but the Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.
not fewer than seven members, and
not more than twelve members;
The members of the Commission shall be appointed by the Lord Chancellor; and the Lord Chancellor shall appoint one of the members to chair the Commission.
In appointing persons to be members of the Commission the Lord Chancellor shall have regard to the desirability of securing that the Commission includes members who (between them) have experience in or knowledge of—
the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,
the work of the courts,
consumer affairs,
social conditions, and
management.
Schedule 1 (which makes further provision about the Commission) has effect.
The Lord Chancellor may by order establish in place of the Commission two bodies—
one to have functions relating to the Community Legal Service, and
the other to have functions relating to the Criminal Defence Service.
The order may make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to the Lord Chancellor to be appropriate.
The order shall include amendments of— to replace references to the Commission with references to either or both of the bodies established by the order.
any provisions of, or amended by, this Part which refer to the Commission, and
any other enactments which so refer,
Subject to the provisions of this Part, the Commission may do anything which it considers—
is necessary or appropriate for, or for facilitating, the discharge of its functions, or
is incidental or conducive to the discharge of its functions.
In particular, the Commission shall have power—
to enter into any contract,
to make grants (with or without conditions),
to make loans,
to invest money,
to promote or assist in the promotion of publicity relating to its functions,
to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and
to give the Lord Chancellor any advice which it may consider appropriate in relation to matters concerning any of its functions.
Subsections (1) and (2) do not confer on the Commission power to borrow money.
The Commission may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of any of its functions.
The Lord Chancellor may by order require the Commission—
to delegate any function specified in the order or to delegate any function so specified to a person (or person of a description) so specified,
not to delegate any function so specified or not to delegate any function so specified to a person (or person of a description) so specified, or
to make arrangements such as are specified in the order in relation to the delegation of any function so specified.
The Commission shall establish, maintain and develop a service known as the Community Legal Service for the purpose of promoting the availability to individuals of services of the descriptions specified in subsection (2) and, in particular, for securing (within the resources made available, and priorities set, in accordance with this Part) that individuals have access to services that effectively meet their needs.
The descriptions of services referred to in subsection (1) are—
the provision of general information about the law and legal system and the availability of legal services,
the provision of help by the giving of advice as to how the law applies in particular circumstances,
the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,
the provision of help in enforcing decisions by which such disputes are resolved, and
the provision of help in relation to legal proceedings not relating to disputes.
Services which the Commission is required to fund as part of the Criminal Defence Service do not fall within subsection (2).
Every person who exercises any function relating to the Community Legal Service shall have regard to the desirability of exercising it, so far as is reasonably practicable, so as to—
promote improvements in the range and quality of services provided as part of the Community Legal Service and in the ways in which they are made accessible to those who need them,
secure that the services provided in relation to any matter are appropriate having regard to its nature and importance, and
achieve the swift and fair resolution of disputes without unnecessary or unduly protracted proceedings in court.
The Commission shall fund services of the descriptions specified in subsection (2) as part of the Community Legal Service in accordance with the following sections.
The Commission shall also inform itself about the need for, and the provision of, services of the descriptions specified in subsection (2) and about the quality of the services provided and, in co-operation with such authorities and other bodies and persons as it considers appropriate— and the Commission shall notify the Lord Chancellor of what it has done under this subsection.
plan what can be done towards meeting that need by the performance by the Commission of its functions, and
facilitate the planning by other authorities, bodies and persons of what can be done by them to meet that need by the use of any resources available to them;
The Commission may set and monitor standards in relation to services of the descriptions specified in subsection (2).
In particular, the Commission may accredit, or authorise others to accredit, persons or bodies providing services of the descriptions specified in subsection (2); and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.
The Commission may charge— and persons or bodies authorised to accredit may charge for accreditation, and for such monitoring, in accordance with the terms of their authorisation.
for accreditation,
for monitoring the services provided by accredited persons and bodies, and
for authorising accreditation by others;
The Lord Chancellor may by order require the Commission to discharge the functions in subsections (6) to (9) in accordance with the order.
The Commission shall establish and maintain a fund known as the Community Legal Service Fund from which it shall fund services as part of the Community Legal Service.
The Lord Chancellor—
shall pay to the Commission the sums which he determines are appropriate for the funding of services by the Commission as part of the Community Legal Service, and
may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.
In making any determination under subsection (2) the Lord Chancellor shall take into account (in addition to such other factors as he considers relevant) the need for services of the descriptions specified in subsection (2) of section 4 as notified to him by the Commission under subsection (6) of that section.
The Lord Chancellor shall lay before each House of Parliament a copy of every determination under subsection (2)(a).
The Commission shall pay into the Community Legal Service Fund—
sums received from the Lord Chancellor under subsection (2), and
sums received by the Commission by virtue of regulations under section 10 or 11.
The Lord Chancellor may by direction impose requirements on the Commission as to the descriptions of services to be funded from any specified amount paid into the Community Legal Service Fund.
In funding services as part of the Community Legal Service the Commission shall aim to obtain the best possible value for money.
The Commission shall set priorities in its funding of services as part of the Community Legal Service and the priorities shall be set—
in accordance with any directions given by the Lord Chancellor, and
after taking into account the need for services of the descriptions specified in section 4(2).
Subject to that (and to subsection (6)), the services which the Commission may fund as part of the Community Legal Service are those which the Commission considers appropriate.
The Commission may fund services as part of the Community Legal Service by—
entering into contracts with persons or bodies for the provision of services by them,
making payments to persons or bodies in respect of the provision of services by them,
making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,
establishing and maintaining bodies to provide, or facilitate the provision of, services,
making grants or loans to individuals to enable them to obtain services,
itself providing services, or
doing anything else which it considers appropriate for funding services.
The Lord Chancellor may by order require the Commission to discharge the function in subsection (3) in accordance with the order.
The Commission may fund as part of the Community Legal Service different descriptions of services or services provided by different means—
in relation to different areas or communities in England and Wales, and
in relation to different descriptions of cases.
The Commission may not fund as part of the Community Legal Service any of the services specified in Schedule 2.
Regulations may amend that Schedule by adding new services or omitting or varying any services.
The Lord Chancellor—
may by direction require the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified in the direction, and
may authorise the Commission to fund the provision of any of those services in specified circumstances or, if the Commission request him to do so, in an individual case.
The Lord Chancellor shall either— any authorisation under subsection (8)(b) unless it relates to an individual case (in which case he or the Commission may publish it if appropriate).
publish, or
require the Commission to publish,
The Commission may only fund services for an individual as part of the Community Legal Service if his financial resources are such that, under regulations, he is an individual for whom they may be so funded.
Regulations may provide that, in prescribed circumstances and subject to any prescribed conditions, services of a prescribed description may be so funded for individuals without reference to their financial resources.
Regulations under this section may include provision requiring the furnishing of information.
The Commission shall prepare a code setting out the criteria according to which it is to decide whether to fund (or continue to fund) services as part of the Community Legal Service for an individual for whom they may be so funded and, if so, what services are to be funded for him.
In settling the criteria to be set out in the code the Commission shall consider the extent to which they ought to reflect the following factors—
the likely cost of funding the services and the benefit which may be obtained by their being provided,
the availability of sums in the Community Legal Service Fund for funding the services and (having regard to present and likely future demands on that Fund) the appropriateness of applying them to fund the services,
the importance of the matters in relation to which the services would be provided for the individual,
the availability to the individual of services not funded by the Commission and the likelihood of his being able to avail himself of them,
if the services are sought by the individual in relation to a dispute, the prospects of his success in the dispute,
the conduct of the individual in connection with services funded as part of the Community Legal Service (or an application for funding) or in, or in connection with, any proceedings,
the public interest, and
such other factors as the Lord Chancellor may by order require the Commission to consider.
The criteria set out in the code shall reflect the principle that in many family disputes mediation will be more appropriate than court proceedings.
The code shall seek to secure that, where more than one description of service is available, the service funded is that which (in all the circumstances) is the most appropriate having regard to the criteria set out in the code.
The code shall also specify procedures for the making of decisions about the funding of services by the Commission as part of the Community Legal Service, including—
provision about the form and content of applications for funding,
provision imposing conditions which must be satisfied by an individual applying for funding,
provision requiring applicants to be informed of the reasons for any decision to refuse an application,
provision for the giving of information to individuals whose applications are refused about alternative ways of obtaining or funding services, and
provision establishing procedures for appeals against decisions about funding and for the giving of information about those procedures.
The code may make different provision for different purposes.
The Commission may from time to time prepare a revised version of the code.
Before preparing the code the Commission shall undertake such consultation as appears to it to be appropriate; and before revising the code the Commission shall undertake such consultation as appears to it to be appropriate unless it considers that it is desirable for the revised version to come into force without delay.
The Lord Chancellor may by order require the Commission to discharge its functions relating to the code in accordance with the order.
After preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.
If he approves it he shall lay it before each House of Parliament.
The Commission shall publish—
the code as first approved by the Lord Chancellor, and
where he approves a revised version, either the revisions or the revised code as appropriate.
The code as first approved by the Lord Chancellor shall not come into force until it has been approved by a resolution of each House of Parliament.
A revised version of the code which does not contain changes in the criteria set out in the code shall not come into force until it has been laid before each House of Parliament.
Subject as follows, a revised version of the code which does contain such changes shall not come into force until it has been approved by a resolution of each House of Parliament.
Where the Lord Chancellor considers that it is desirable for a revised version of the code containing such changes to come into force without delay, he may (when laying the revised version before Parliament) also lay before each House a statement of his reasons for so considering.
In that event the revised version of the code—
shall not come into force until it has been laid before each House of Parliament, and
shall cease to have effect at the end of the period of 120 days beginning with the day on which it comes into force unless a resolution approving it has been made by each House (but without that affecting anything previously done in accordance with it).
An individual for whom services are funded by the Commission as part of the Community Legal Service shall not be required to make any payment in respect of the services except where regulations otherwise provide.
Regulations may provide that, in prescribed circumstances, an individual for whom services are so funded shall— 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.
pay a fee of such amount as is fixed by or determined under the regulations,
if his financial resources are, or relevant conduct is, such as to make him liable to do so under the regulations, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as is so fixed or determined, or
if the services relate to a dispute and he has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed, or determined in the manner agreed, by him;
The regulations may include provision for any amount payable in accordance with the regulations to be payable by periodical payments or one or more capital sums, or both.
The regulations may also include provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of—
any loan made to him by the Commission as part of the Community Legal Service,
any payment in respect of the cost of services required by the regulations to be made by him later than the time when the services are provided, or
so much of any payment required by the regulations to be made by him which remains unpaid after the time when it is required to be paid.
The regulations shall include provision for the repayment to an individual of any payment made by him in excess of his liability under the regulations.
The regulations may—
include provision requiring the furnishing of information, and
make provision for the determination of the cost of services for the purposes of the regulations.
Except so far as regulations otherwise provide, where services have been funded by the Commission for an individual as part of the Community Legal Service— shall constitute a first charge on any property recovered or preserved by him (whether for himself or any other person) in any proceedings or in any compromise or settlement of any dispute in connection with which the services were provided.
sums expended by the Commission in funding the services (except to the extent that they are recovered under section 11), and
other sums payable by the individual by virtue of regulations under this section,
Regulations may make provision about the charge, including—
provision as to whether it is in favour of the Commission or the body or person by whom the services were provided, and
provision about its enforcement.
Except in prescribed circumstances, costs ordered against an individual in relation to any proceedings or part of proceedings funded for him shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including— and for this purpose proceedings, or a part of proceedings, are funded for an individual if services relating to the proceedings or part are funded for him by the Commission as part of the Community Legal Service.
the financial resources of all the parties to the proceedings, and
their conduct in connection with the dispute to which the proceedings relate;
In assessing for the purposes of subsection (1) the financial resources of an individual for whom services are funded by the Commission as part of the Community Legal Service, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.
Subject to subsections (1) and (2), regulations may make provision about costs in relation to proceedings in which services are funded by the Commission for any of the parties as part of the Community Legal Service.
The regulations may, in particular, make provision—
specifying the principles to be applied in determining the amount of any costs which may be awarded against a party for whom services are funded by the Commission as part of the Community Legal Service,
limiting the circumstances in which, or extent to which, an order for costs may be enforced against such a party,
as to the cases in which, and extent to which, such a party may be required to give security for costs and the manner in which it is to be given,
requiring the payment by the Commission of the whole or part of any costs incurred by a party for whom services are not funded by the Commission as part of the Community Legal Service,
specifying the principles to be applied in determining the amount of any costs which may be awarded to a party for whom services are so funded,
requiring the payment to the Commission, or the person or body by which the services were provided, of the whole or part of any sum awarded by way of costs to such a party, and
as to the court, tribunal or other person or body by whom the amount of any costs is to be determined and the extent to which any determination of that amount is to be final.
The Commission shall establish, maintain and develop a service known as the Criminal Defence Service for the purpose of securing that individuals involved in criminal investigations or criminal proceedings have access to such advice, assistance and representation as the interests of justice require.
In this Part “criminal proceedings” means—
proceedings before any court for dealing with an individual accused of an offence,
proceedings before any court for dealing with an individual convicted of an offence (including proceedings in respect of a sentence or order),
proceedings for dealing with an individual under section 9 of, or paragraph 6 of Schedule 1 to, the Extradition Act 1989,
proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the Magistrates' Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section,
proceedings on an appeal brought by an individual under section 44A of the Criminal Appeal Act 1968,
proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and
such other proceedings concerning an individual, before any such court or other body, as may be prescribed.
The Commission shall fund services as part of the Criminal Defence Service in accordance with sections 13 to 15.
The Commission may accredit, or authorise others to accredit, persons or bodies providing services which may be funded by the Commission as part of the Criminal Defence Service; and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.
The Commission may charge— and persons or bodies authorised to accredit may charge for accreditation, and for such monitoring, in accordance with the terms of their authorisation.
for accreditation,
for monitoring the services provided by accredited persons and bodies, and
for authorising accreditation by others;
The Lord Chancellor may by order require the Commission to discharge the functions in subsections (4) and (5) in accordance with the order.
The Commission shall fund such advice and assistance as it considers appropriate— and for this purpose “criminal investigations” means investigations relating to offences or to individuals convicted of an offence.
for individuals who are arrested and held in custody at a police station or other premises, and
for individuals involved in criminal investigations in such other circumstances as may be prescribed;
The Commission may comply with the duty imposed by subsection (1) by—
entering into contracts with persons or bodies for the provision of advice or assistance by them,
making payments to persons or bodies in respect of the provision of advice or assistance by them,
making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, advice or assistance,
establishing and maintaining bodies to provide, or facilitate the provision of, advice or assistance,
making grants to individuals to enable them to obtain advice or assistance,
employing persons to provide advice or assistance, or
doing anything else which it considers appropriate for funding advice and assistance.
The Lord Chancellor may by order require the Commission to discharge the function in subsection (2) in accordance with the order.
The Commission may fund advice and assistance by different means—
in different areas in England and Wales, and
in relation to different descriptions of cases.
Schedule 3 (which makes provision about the grant of a right to representation in criminal proceedings) has effect; and the Commission shall fund representation to which an individual has been granted a right in accordance with that Schedule.
Subject to the following provisions, the Commission may comply with the duty imposed by subsection (1) by—
entering into contracts with persons or bodies for the provision of representation by them,
making payments to persons or bodies in respect of the provision of representation by them,
making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, representation,
establishing and maintaining bodies to provide, or facilitate the provision of, representation,
making grants to individuals to enable them to obtain representation,
employing persons to provide representation, or
doing anything else which it considers appropriate for funding representation.
The Lord Chancellor—
shall by order make provision about the payments which may be made by the Commission in respect of any representation provided by non-contracted private practitioners, and
may by order make any other provision requiring the Commission to discharge the function in subsection (2) in accordance with the order.
For the purposes of subsection (3)(a) representation is provided by a non-contracted private practitioner if it is provided, otherwise than pursuant to a contract entered into by the Commission, by a person or body which is neither—
a person or body in receipt of grants or loans made by the Commission as part of the Criminal Defence Service, nor
the Commission itself or a body established or maintained by the Commission.
The provision which the Lord Chancellor is required to make by order under subsection (3)(a) includes provision for reviews of, or appeals against, determinations required for the purposes of the order.
The Commission may fund representation by different means—
in different areas in England and Wales, and
in relation to different descriptions of cases.
An individual who has been granted a right to representation in accordance with Schedule 3 may select any representative or representatives willing to act for him; and, where he does so, the Commission is to comply with the duty imposed by section 14(1) by funding representation by the selected representative or representatives.
Regulations may provide that in prescribed circumstances—
the right conferred by subsection (1) is not to apply in cases of prescribed descriptions,
an individual who has been provided with advice or assistance funded by the Commission under section 13 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,
that right is not to include a right to select a representative of a prescribed description,
that right is to select only a representative of a prescribed description,
that right is to select not more than a prescribed number of representatives to act at any one time, and
that right is not to include a right to select a representative in place of a representative previously selected.
Regulations under subsection (2)(b) may prescribe circumstances in which an individual is to be taken to have chosen a person to provide advice or assistance for him.
Regulations under subsection (2) may not provide that only a person employed by the Commission, or by a body established and maintained by the Commission, may be selected.
Regulations may provide that in prescribed circumstances the Commission is not required to fund, or to continue to fund, representation for an individual by a particular representative (but such provision shall not prejudice any right of the individual to select another representative).
The circumstances which may be prescribed by regulations under subsection (2) or (5) include that a determination has been made by a prescribed body or person.
The Commission shall prepare a code of conduct to be observed by employees of the Commission, and employees of any body established and maintained by the Commission, in the provision of services as part of the Criminal Defence Service.
The code shall include— and duties on employees who are members of a professional body to comply with the rules of the body.
duties to avoid discrimination,
duties to protect the interests of the individuals for whom services are provided,
duties to the court,
duties to avoid conflicts of interest, and
duties of confidentiality,
The Commission may from time to time prepare a revised version of the code.
Before preparing or revising the code the Commission shall consult the Law Society and the General Council of the Bar and such other bodies or persons as it considers appropriate.
After preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.
If he approves it he shall lay it before each House of Parliament.
The Commission shall publish—
the code as first approved by the Lord Chancellor, and
where he approves a revised version, either the revisions or the revised code as appropriate.
The code, and any revised version of the code, shall not come into force until it has been approved by a resolution of each House of Parliament.
An individual for whom services are funded by the Commission as part of the Criminal Defence Service shall not be required to make any payment in respect of the services except where subsection (2) applies.
Where representation for an individual in respect of criminal proceedings in any court other than a magistrates' court is funded by the Commission as part of the Criminal Defence Service, the court may, subject to regulations under subsection (3), make an order requiring him to pay some or all of the cost of any representation so funded for him (in proceedings in that or any other court).
Regulations may make provision about—
the descriptions of individuals against whom an order under subsection (2) may be made,
the circumstances in which such an order may be made and the principles to be applied in deciding whether to make such an order and the amount to be paid,
the determination of the cost of representation for the purposes of the making of such an order,
the furnishing of information and evidence to the court or the Commission for the purpose of enabling the court to decide whether to make such an order and (if so) the amount to be paid,
prohibiting individuals who are required to furnish information or evidence from dealing with property until they have furnished the information or evidence or until a decision whether to make an order, or the amount to be paid, has been made,
the person or body to which, and manner in which, payments required by such an order must be made and what that person or body is to do with them, and
the enforcement of such an order (including provision for the imposition of charges in respect of unpaid amounts).
The Lord Chancellor shall pay to the Commission such sums as are required to meet the costs of any advice, assistance and representation funded by the Commission as part of the Criminal Defence Service.
The Lord Chancellor may—
determine the manner in which and times at which the sums referred to in subsection (1) shall be paid to the Commission, and
impose conditions on the payment of the sums.
In funding services as part of the Criminal Defence Service the Commission shall aim to obtain the best possible value for money.
The Commission may not fund as part of the Community Legal Service or Criminal Defence Service services relating to any law other than that of England and Wales, unless any such law is relevant for determining any issue relating to the law of England and Wales.
But the Lord Chancellor may, if it appears to him necessary to do so for the purpose of fulfilling any obligation imposed on the United Kingdom by any international agreement, by order specify that there may be funded as part of the Community Legal Service or Criminal Defence Service (or both) services relating to the application of such other law as may be specified in the order.
Subject to the following provisions of this section, information which is furnished— shall not be disclosed except as permitted by subsection (2).
to the Commission or any court, tribunal or other person or body on whom functions are imposed or conferred by or under this Part, and
in connection with the case of an individual seeking or receiving services funded by the Commission as part of the Community Legal Service or Criminal Defence Service,
Such information may be disclosed—
for the purpose of enabling or assisting the Commission to discharge any functions imposed or conferred on it by or under this Part,
for the purpose of enabling or assisting the Lord Chancellor to discharge any functions imposed or conferred on him by or under this Part,
for the purpose of enabling or assisting any court, tribunal or other person or body to discharge any functions imposed or conferred on it by or under this Part,
except where regulations otherwise provide, for the purpose of the investigation or prosecution of any offence (or suspected offence) under the law of England and Wales or any other jurisdiction,
in connection with any proceedings relating to the Community Legal Service or Criminal Defence Service, or
for the purpose of facilitating the proper performance by any tribunal of disciplinary functions.
Subsection (1) does not limit the disclosure of—
information in the form of a summary or collection of information so framed as not to enable information relating to any individual to be ascertained from it, or
information about the amount of any grant, loan or other payment made to any person or body by the Commission.
Subsection (1) does not prevent the disclosure of information for any purpose with the consent of the individual in connection with whose case it was furnished and, where he did not furnish it himself, with that of the person or body who did.
A person who discloses any information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Proceedings for an offence under this section shall not be brought without the consent of the Director of Public Prosecutions.
Nothing in this section applies to information furnished to a person providing services funded as part of the Community Legal Service or the Criminal Defence Service by or on behalf of an individual seeking or receiving such services.
Any person who— shall be guilty of an offence.
intentionally fails to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or
in furnishing any information required by virtue of this Part makes any statement or representation which he knows or believes to be false,
A person guilty of an offence under subsection (1) is liable on summary conviction to— or to both.
a fine not exceeding level 4 on the standard scale, or
imprisonment for a term not exceeding three months,
Proceedings in respect of an offence under subsection (1) may (despite anything in the Magistrates' Courts Act 1980) be brought at any time within the period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify a prosecution comes to his knowledge.
But subsection (3) does not authorise the commencement of proceedings for an offence at a time more than two years after the date on which the offence was committed.
A county court shall have jurisdiction to hear and determine any action brought by the Commission to recover loss sustained by reason of—
the failure of any person to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or
a false statement or false representation made by any person in furnishing any information required by virtue of this Part.
Except as expressly provided by regulations, the fact that services provided for an individual are or could be funded by the Commission as part of the Community Legal Service or Criminal Defence Service shall not affect—
the relationship between that individual and the person by whom they are provided or any privilege arising out of that relationship, or
any right which that individual may have to be indemnified in respect of expenses incurred by him by any other person.
A person who provides services funded by the Commission as part of the Community Legal Service or Criminal Defence Service shall not take any payment in respect of the services apart from—
that made by way of that funding, and
any authorised by the Commission to be taken.
The withdrawal of a right to representation previously granted to an individual shall not affect the right of any person who has provided to him services funded by the Commission as part of the Criminal Defence Service to remuneration for work done before the date of the withdrawal.
Except as expressly provided by regulations, any rights conferred by or by virtue of this Part on an individual for whom services are funded by the Commission as part of the Community Legal Service or Criminal Defence Service in relation to any proceedings shall not affect—
the rights or liabilities of other parties to the proceedings, or
the principles on which the discretion of any court or tribunal is normally exercised.
Regulations may make provision about the procedure of any court or tribunal in relation to services funded by the Commission as part of the Community Legal Service or Criminal Defence Service.
Regulations made under subsection (5) may in particular authorise the exercise of the functions of any court or tribunal by any member or officer of that or any other court or tribunal.
The Lord Chancellor may give guidance to the Commission as to the manner in which he considers it should discharge its functions.
The Commission shall take into account any such guidance when considering the manner in which it is to discharge its functions.
Guidance may not be given under this section in relation to individual cases.
The Lord Chancellor shall either— any guidance given under this section.
publish, or
require the Commission to publish,
Schedule 4 (which makes amendments consequential on this Part) has effect.
Any power of the Lord Chancellor under this Part to make an order or regulations is exercisable by statutory instrument.
Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the Lord Chancellor shall consult the General Council of the Bar and the Law Society.
When making any remuneration order the Lord Chancellor shall have regard to—
the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies,
the cost to public funds, and
the need to secure value for money.
In subsections (2) and (3) “remuneration order” means an order under section 6(4), 13(3) or 14(3) which relates to the payment by the Commission of remuneration—
for the provision of services by persons or bodies in individual cases, or
by reference to the provision of services by persons or bodies in specified numbers of cases.
No directions may be given by the Lord Chancellor to the Commission under this Part in relation to individual cases.
Any directions given by the Lord Chancellor to the Commission under this Part may be varied or revoked.
The Lord Chancellor shall either— any directions given by him under this Part.
publish, or
require the Commission to publish,
Orders, regulations and directions of the Lord Chancellor under this Part may make different provision for different purposes (including different areas).
No order shall be made under section 2 or 8 or paragraph 5(3) of Schedule 3, and no regulations shall be made under section 6(7), 11(1) or (4)(b) or (d) or 15(2)(a) or (5) or paragraph 4 of Schedule 3, unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing any other order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“representation” means representation for the purposes of proceedings and includes the assistance which is usually given by a representative in the steps preliminary or incidental to any proceedings and, subject to any time limits which may be prescribed, advice and assistance as to any appeal.
“United Kingdom judicial office” means the office of—
Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,
“relevant international court” means—
any court established for any purposes of the European Communities, or
Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and
any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.
“prescribed” means prescribed by regulations and “prescribe” shall be construed accordingly,
“regulations” means regulations made by the Lord Chancellor, and
For section 58 of the Courts and Legal Services Act 1990 substitute—
In section 120(4) of the Courts and Legal Services Act 1990 (orders and regulations subject to affirmative procedure), for “58,” substitute “58(4),”.
In the Courts and Legal Services Act 1990, after section 58A (inserted by section 27 above) insert—
Where in any proceedings a costs order is made in favour of any party who has taken out an insurance policy against the risk of incurring a liability in those proceedings, the costs payable to him may, subject in the case of court proceedings to rules of court, include costs in respect of the premium of the policy.
This section applies where a body of a prescribed description undertakes to meet (in accordance with arrangements satisfying prescribed conditions) liabilities which members of the body or other persons who are parties to proceedings may incur to pay the costs of other parties to the proceedings.
If in any of the proceedings a costs order is made in favour of any of the members or other persons, the costs payable to him may, subject to subsection (3) and (in the case of court proceedings) to rules of court, include an additional amount in respect of any provision made by or on behalf of the body in connection with the proceedings against the risk of having to meet such liabilities.
But the additional amount shall not exceed a sum determined in a prescribed manner; and there may, in particular, be prescribed as a manner of determination one which takes into account the likely cost to the member or other person of the premium of an insurance policy against the risk of incurring a liability to pay the costs of other parties to the proceedings.
In this section “prescribed” means prescribed by regulations made by the Lord Chancellor by statutory instrument; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under subsection (1) may, in particular, prescribe as a description of body one which is for the time being approved by the Lord Chancellor or by a prescribed person.
In section 51 of the Supreme Court Act 1981 (costs), in subsection (2) (rules regulating matters relating to costs), insert at the end “or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs.”
In section 9(2) of the Legal Aid (Scotland) Act 1986 (application by regulations of Part II to assistance by way of representation), after paragraph (d) insert—.
In the Legal Aid (Scotland) Act 1986, in— after “of” insert “disabled person’s tax credit,”.
section 8(b) (availability of advice and assistance), and
section 11(2)(b) (clients' contributions),
In section 25(7) of the Legal Aid (Scotland) Act 1986 (legal aid in appeals), for “Secretary of State under section 124” substitute “Scottish Criminal Cases Review Commission under section 194B”.
The Lord Chancellor’s Advisory Committee on Legal Education and Conduct is abolished.
In the Courts and Legal Services Act 1990, after section 18 insert—
“Consultative Panel” means the Legal Services Consultative Panel;
In Schedule 9 to that Act (exemption from prohibition on preparation of probate papers: approval)—
for “Advisory Committee” (in each place) substitute “Consultative Panel”,
in paragraph 2(1), for “Advisory Committee's” substitute “Consultative Panel's”, and
in paragraphs 2(3) and 8(3), for “Committee” (in each place) substitute “Consultative Panel”.
The Legal Services Consultative Panel.
For sections 31 to 33 of the Courts and Legal Services Act 1990 (deemed rights of barristers and solicitors) substitute—
In the Courts and Legal Services Act 1990, after section 31 (as substituted by section 36 above) insert—
In the Courts and Legal Services Act 1990, after section 31A (inserted by section 37 above) insert—
In the Courts and Legal Services Act 1990, after section 31B (inserted by section 38 above) insert—
Section 28 of the Courts and Legal Services Act 1990 (rights to conduct litigation) is amended as follows.
In the definition of “authorised body” in subsection (5), after paragraph (a) (which specifies the Law Society), insert—.
After that subsection insert—
Schedule 5 (which substitutes new provisions for sections 29 and 30 of, and Schedule 4 to, the Courts and Legal Services Act 1990) has effect.
In section 27 of the Courts and Legal Services Act 1990 (rights of audience), after subsection (2) insert—
In section 28 of that Act (rights to conduct litigation), after subsection (2) insert—
Schedule 6 (which makes minor and consequential amendments relating to rights of audience and rights to conduct litigation) has effect.
Where a barrister is employed by— any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of his employer if either of the conditions specified in subsection (2) is satisfied.
a solicitor or other authorised litigator (within the meaning of the Courts and Legal Services Act 1990), or
a body recognised under section 9 of the Administration of Justice Act 1985 (incorporated solicitors' practices),
Those conditions are—
that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and
that the prohibition or limitation does not apply to barristers who provide legal services but are not employees.
A person who applies to the Lord Chancellor to be recommended for appointment as Queen’s Counsel in England and Wales shall pay a fee to the Lord Chancellor.
The amount of the fee shall be specified by order made by the Lord Chancellor; and in determining that amount the Lord Chancellor shall have regard to the expenses incurred by him in considering such applications.
An order under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section does not affect section 9 of the Great Seal (Offices) Act 1874 (under which fees are charged in respect of the grant of Letters Patent under the Great Seal for appointment as Queen’s Counsel).
If the General Council of the Bar makes rules prohibiting barristers from practising as specified in the rules unless authorised by a certificate issued by the Council (a “practising certificate”), the rules may include provision requiring the payment of fees to the Council by applicants for practising certificates.
Rules made by virtue of subsection (1)—
may provide for the payment of different fees by different descriptions of applicants, but
may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of the regulation, education and training of barristers and those wishing to become barristers.
The Lord Chancellor may by order made by statutory instrument—
amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the Lord Chancellor considers appropriate, or
vary or revoke an order under paragraph (a).
No order shall be made under subsection (3) unless—
the Lord Chancellor has consulted the Council, and
a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
No provision included in rules by virtue of subsection (1), and no other provision of rules made by the Council about practising certificates, shall have effect unless approved by the Lord Chancellor.
The Council shall provide the Lord Chancellor with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.
The Lord Chancellor may by order made by statutory instrument amend section 11(3) of the Solicitors Act 1974 (power of Law Society to apply fees payable on issue of practising certificates for any of its purposes) by substituting for the purposes referred to in it (at any time)—
the purposes of the regulation, education and training of solicitors and those wishing to become solicitors, or
both those purposes and such other purposes as the Lord Chancellor considers appropriate.
No order shall be made under this section unless—
the Lord Chancellor has consulted the Master of the Rolls and the Law Society, and
a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
Schedule 7 (which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.
Section 23 of the Courts and Legal Services Act 1990 (recommendations of the Legal Services Ombudsman) is amended as follows.
In subsection (1)(c) (written report of investigation to be sent to person with respect to whom recommendation is made), after “subsection (2)” insert “or an order under subsection (2A)”.
In paragraph (e) of subsection (2) (recommendation that costs be paid by person or body to which recommendation under paragraph (c) or (d) applies), for “which a recommendation under paragraph (c) or (d) applies” substitute “pay compensation under paragraph (c) or (d)”.
After that subsection insert—
In subsections (3) and (4) (reports), after “recommendation” (in each place) insert “or order”.
In subsection (6) (duty to have regard to Ombudsman’s report), for “subsection (1)(b) or (c)” substitute “subsection (1)(b), (c) or (d)”.
For the sidenote substitute “Recommendations and orders.”
The Lord Chancellor may require any professional body (within the meaning of section 22 of this Act) to make payments of such amount as the Lord Chancellor considers appropriate to the Ombudsman towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions. To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament.
The Lord Chancellor may appoint a person as Legal Services Complaints Commissioner.
Any appointment of a person as Commissioner shall be for a period of not more than three years; and a person appointed as Commissioner shall hold and vacate office in accordance with the terms of his appointment.
At the end of his term of appointment the Commissioner shall be eligible for re-appointment.
The Commissioner shall not be an authorised advocate, authorised litigator, licensed conveyancer or authorised practitioner (within the meaning of the Courts and Legal Services Act 1990) or a notary.
Schedule 8 (which makes further provision about the Commissioner) has effect.
If it appears to the Lord Chancellor that complaints about members of any professional body are not being handled effectively and efficiently, he may by direction require the Legal Services Complaints Commissioner to consider exercising in relation to the body such of the powers in subsection (2) as are specified in the direction.
Those powers are—
to require a professional body to provide information, or make reports, to the Commissioner about the handling of complaints about its members,
to investigate the handling of complaints about the members of a professional body,
to make recommendations in relation to the handling of complaints about the members of a professional body,
to set targets in relation to the handling of complaints about the members of a professional body, and
to require a professional body to submit to the Commissioner a plan for the handling of complaints about its members.
Where the Commissioner requires a professional body to submit to him a plan for the handling of complaints about its members but the body— he may require the body to pay a penalty.
fails to submit to him a plan which he considers adequate for securing that such complaints are handled effectively and efficiently, or
submits to him such a plan but fails to handle complaints in accordance with it,
Before requiring a professional body to pay a penalty under subsection (3) the Commissioner shall afford it a reasonable opportunity of appearing before him to make representations.
The Lord Chancellor shall by order made by statutory instrument specify the maximum amount of any penalty under subsection (3).
In determining the amount of any penalty which a professional body is to be required to pay under subsection (3) the Commissioner shall have regard to all the circumstances of the case, including in particular—
the total number of complaints about members of the body and, where the penalty is imposed in respect of a failure to handle complaints in accordance with a plan, the number of complaints not so handled, and
the assets of the body and the number of its members.
A penalty under subsection (3) shall be paid to the Commissioner who shall pay it to the Lord Chancellor.
Where a direction under subsection (1) in relation to a professional body has been given (and not revoked), section 24(1) of the Courts and Legal Services Act 1990 (power of Legal Services Ombudsman to make recommendations about arrangements for investigation of complaints) shall not have effect in relation to the body.
No order shall be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
In this section “professional body” has the same meaning as in section 22 of the Courts and Legal Services Act 1990.
A public notary may practise as a notary in, or within three miles of, the City of London whether or not he is a member of the Incorporated Company of Scriveners of London (even if he is admitted to practise only outside that area).
Rules of court may provide that any right of appeal to— may be exercised only with permission.
a county court,
the High Court, or
the Court of Appeal,
This section does not apply to a right of appeal in a criminal cause or matter.
For the purposes of subsection (1) rules of court may make provision as to— and may make different provision for different circumstances.
the classes of case in which a right of appeal may be exercised only with permission,
the court or courts which may give permission for the purposes of this section,
any considerations to be taken into account in deciding whether permission should be given, and
any requirements to be satisfied before permission may be given,
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).
For the purposes of this section a right to make an application to have a case stated for the opinion of the High Court constitutes a right of appeal.
For the purposes of this section a right of appeal to the Court of Appeal includes—
the right to make an application for a new trial, and
the right to make an application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury.
Where an appeal is made to a county court or the High Court in relation to any matter, and on hearing the appeal the court makes a decision in relation to that matter, no appeal may be made to the Court of Appeal from that decision unless the Court of Appeal considers that—
the appeal would raise an important point of principle or practice, or
there is some other compelling reason for the Court of Appeal to hear it.
This section does not apply in relation to an appeal in a criminal cause or matter.
The Lord Chancellor may by order provide that appeals which would otherwise lie to— shall lie instead to another of those courts, as specified in the order.
a county court,
the High Court, or
the Court of Appeal,
This section does not apply to an appeal in a criminal cause or matter.
An order under subsection (1)—
may make different provision for different classes of proceedings or appeals, and
may contain consequential amendments or repeals of enactments.
Before making an order under subsection (1) the Lord Chancellor shall consult—
the Lord Chief Justice,
the Master of the Rolls,
the President of the Family Division, and
the Vice-Chancellor.
An order under subsection (1) shall be made by statutory instrument.
No such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
For the purposes of this section an application to have a case stated for the opinion of the High Court constitutes an appeal.
Where in any proceedings in a county court or the High Court a person appeals, or seeks permission to appeal, to a court other than the Court of Appeal or the House of Lords— may direct that the appeal shall be heard instead by the Court of Appeal.
the Master of the Rolls, or
the court from which or to which the appeal is made, or from which permission to appeal is sought,
The power conferred by subsection (1)(b) shall be subject to rules of court.
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,”.
In section 8(1B)(b) of the Criminal Appeal Act 1968 (power of Court to direct entry of judgment and verdict of acquittal on applications relating to order for retrial), after “to” insert “set aside the order for retrial and”.
In section 9(2) of that Act (right of appeal against sentence for summary offence), insert at the end “or sub-paragraph (4) of that paragraph.”
Section 10 of that Act (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 (5) to (7).
In subsection (2) (proceedings from which an appeal lies), insert at the end ; or
In subsection (3) (cases where person may appeal), in paragraph (cc) (order under section 40(3A)), for “40(3A)” substitute “40(2) or (3A)”.
In subsection (4) (calculation of length of term of imprisonment), after “imprisonment” insert “or detention”.
In section 54 of the Supreme Court Act 1981 (composition of court of civil division of Court of Appeal), for subsections (2) to (4) (number of judges) substitute—
For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute—
For section 28A of the Supreme Court Act 1981 (proceedings on case stated by magistrates' court) substitute—
In the Supreme Court Act 1981, after section 43 insert—
In section 1(1)(a) of the Administration of Justice Act 1960 (appeal to House of Lords from decision of Divisional Court of the Queen’s Bench Division in a criminal cause or matter), for “a Divisional Court of the Queen’s Bench Division” substitute “the High Court”.
In sections 4(2) and (3) and 9(2) of that Act (bail pending appeal), for “a Divisional Court” substitute “the High Court”.
Section 13(2) of the Administration of Justice Act 1960 (appeals in cases of contempt of court) is amended as follows.
In paragraph (a) (appeal from inferior courts from which appeal does not lie to Court of Appeal to lie to a Divisional Court of the High Court), omit “a Divisional Court of”.
In paragraph (b) (appeal to Court of Appeal from county court or single judge of High Court), for “decision, of a single” substitute “decision (other than a decision on an appeal under this section) of a single”.
In paragraph (c) (appeal from Divisional Court or Court of Appeal to House of Lords), insert at the beginning “from a decision of a single judge of the High Court on an appeal under this section,”.
In the Administration of Justice Act 1960, omit—
section 14(1) (order for release on criminal application for habeas corpus to be refused only by Divisional Court of Queen’s Bench Division), and
section 15(2) (no appeal to House of Lords from order made by single judge on criminal application for habeas corpus).
In section 15 of that Act (appeals in habeas corpus cases)— for “a Divisional Court” substitute “the High Court”.
in subsection (3) (no restriction on grant of leave to appeal to House of Lords against decision of Divisional Court on a criminal application for habeas corpus), and
in subsection (4) (exceptions to right to be discharged in case of appeal to House of Lords against order of Divisional Court on such an application),
Schedule 9 (which makes provision about the enforcement of community orders by the Crown Court) has effect.
In paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (regulations about service of evidence where a person is sent without committal proceedings to Crown Court)—
in sub-paragraph (1) (regulations to provide that evidence be served on or before the relevant date) omit the words “on or before the relevant date” and after paragraph (b) insert “before the expiry of the period prescribed by the regulations; but the judge may at his discretion extend or further extend that period.”, and
for sub-paragraph (2) substitute—
In section 13(1) of the Criminal Procedure and Investigations Act 1996 (transitional time limits relating to service of unused material), after paragraph (c) insert—.
In section 22 of the Prosecution of Offences Act 1985 (time limits in preliminary stages of criminal proceedings), in paragraph (a) of the definition of “appropriate court” in subsection (11) (which has effect so as to allow the Crown Court to extend time limits where the accused is committed for trial or indicted), after “trial” insert “, sent for trial under section 51 of the Crime and Disorder Act 1998”.
A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.
In this section—
A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office—
for the purposes of section 12(1) to (6) of the Supreme Court Act 1981, section 9(1)(c) or (d) of the Administration of Justice Act 1973, section 18 of the Courts Act 1971, section 14 of the Sheriff Courts (Scotland) Act 1907 or section 106 of the County Courts Act (Northern Ireland) 1959 (judicial salaries),
for the purposes of, or of any scheme established by and in accordance with, the Judicial Pensions and Retirement Act 1993, the Judicial Pensions Act 1981, the Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or
for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the Court of Session Act 1988 or section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (judicial numbers).
If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.
The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.
In subsection (5) “the appropriate Minister” means—
in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and
in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.
A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen’s Bench Division; and any person so appointed shall hold that office in accordance with the terms of his appointment.
In section 4 of the Supreme Court Act 1981 (composition of High Court)—
in subsection (1) (membership), after the words “the Senior Presiding Judge;” insert—, and
in subsection (6) (vacancy in offices not to affect constitution), at the end insert “and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division.”
In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen’s Bench Division), after “thereof,” insert “the vice-president of the Queen’s Bench Division”.
The office of registrar of civil appeals is abolished.
In the Coroners Act 1988, after section 17 insert—
In section 8(4) of that Act (power to summon jury), for “either before he proceeds to hold an inquest” substitute “before he proceeds to hold an inquest, on resuming an inquest begun with a jury after the inquest has been adjourned and the jury discharged”.
In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for “certain cases” substitute “event of criminal proceedings”.
In section 97 of the Children Act 1989 (privacy for children involved in certain proceedings)—
in subsection (2) (which prohibits the publication of material intended or likely to identify a child as being involved in proceedings before a magistrates' court in which powers under that Act may be exercised), after “before” insert “the High Court, a county court or”, and
in subsection (8) (which makes provision about the application of certain provisions of the Magistrates' Courts Act 1980 in relation to proceedings to which section 97 applies), after “any proceedings” insert “(before a magistrates' court)”.
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”.
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”.
For sections 1 and 2 of the Justices of the Peace Act 1997 (commission areas outside London and London commission areas) substitute—
In that Act, after section 32 insert—
For section 4 of the Justices of the Peace Act 1997 (petty sessions areas and petty sessional divisions) substitute—
For section 33 of that Act (functions of magistrates' courts committee as to petty sessional divisions and related procedure) substitute—
In section 34 of that Act (procedure relating to alteration of petty sessions areas)—
in subsection (1) (consultation), after “any” insert “petty sessions”,
in subsection (3) (copies of proposals), for “section 33 above about any area” substitute “section 4(2) above which makes an alteration of a petty sessions area”, and
in subsection (4) (objections and inquiry), for “section 33 above” substitute “section 4(2) above which makes an alteration of a petty sessions area,”.
The Lord Mayor and aldermen of the City of London shall not be justices of the peace unless appointed by the Lord Chancellor in accordance with the Justices of the Peace Act 1997.
Schedule 10 (which contains other provisions consequential on sections 74 and 75) has effect.
Part I of the Second Schedule to the Children and Young Persons Act 1933 (constitution of youth courts outside the metropolitan area) is amended in accordance with subsections (2) to (5).
Omit the headings “Outside Metropolitan Area” and “Youth court panels”.
Omit paragraph 1 (exclusion of inner London and the City of London from the scope of Part I).
In paragraph 8 (as amended by Schedule 10) (prohibition on forming combined youth court panel unless the area consists of single commission area), at the end insert “, or includes the City of London”.
For paragraph 9 substitute—
Omit Part II of that Schedule (particular provision for inner London and the City).
For sections 11 to 20 of the Justices of the Peace Act 1997 and the heading preceding section 11 (stipendiary magistrates and metropolitan stipendiary magistrates) substitute—
Schedule 11 (which makes amendments consequential on this section) has effect.
In section 74(1) of the Supreme Court Act 1981 (cases in which Crown Court is to consist of a judge sitting with justices of the peace), omit paragraph (b) (proceedings on committal for sentence).
In the Magistrates' Courts Act 1980, after section 3A insert—
In section 145(1) of that Act (power to make rules of court as to specified matters), after paragraph (a) insert—.
For section 27 of the Justices of the Peace Act 1997 (general provisions about magistrates' courts committees) substitute—
For sections 28 to 30 of the Justices of the Peace Act 1997 (constitution of magistrates' courts committees) substitute—
In the Justices of the Peace Act 1997, after section 30 insert—
After section 59 of that Act insert—
Schedule 12 (which makes provision supplementary to this section) shall have effect.
Part VI of the Justices of the Peace Act 1997 (administrative and financial arrangements) has effect subject to the following amendments.
After section 59D and the heading after that section (inserted by section 83 above) insert—
In section 55(2) (case where paying authority is not required to provide goods and services to magistrates' courts committee), after “or authorities” insert —.
After subsection (1) of section 56 (which specifies that, subject to the provisions of that section, the goods and services to be provided by a paying authority are to be determined by the magistrates' courts committee) insert—
In section 62 of the Justices of the Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (4) insert—
In the Justices of the Peace Act 1997, after section 39 insert—
In section 40 of the Justices of the Peace Act 1997 (appointment of justices' chief executive), omit subsection (5) (under which a person may not be appointed unless eligible for appointment as a justices' clerk).
For section 41 of the Justices of the Peace Act 1997 (functions of justices' chief executives) substitute—
In section 31 of that Act (powers and duties of magistrates' courts committees), omit subsection (2) (power of magistrates' courts committees to allocate responsibilities among chief executive, clerks and members of staff and to determine the administrative procedures to be followed by them).
In section 40 of that Act (appointment of justices' chief executive), after subsection (1) insert—
In section 61 of that Act (defaults of justices' clerk etc.), after “clerk” insert “, of a justices' chief executive”.
For section 48 of the Justices of the Peace Act 1997 substitute—
In section 45 of that Act (functions of justices' clerks)—
in subsection (4) (advice on law, practice or procedure to justices at their request), for “law, practice or procedure” substitute “matters of law (including procedure and practice)”, and
in subsection (5) (power to bring point of law, practice or procedure to attention of justices), for “law, practice or procedure” substitute “law (including procedure and practice)”.
Schedule 13 (which makes amendments transferring administrative functions of justices' clerks to justices' chief executives) has effect.
The Lord Chancellor may by order made by statutory instrument make provision for the transfer of other administrative functions of justices' clerks to justices' chief executives.
An order under subsection (2) may contain amendments of enactments.
A statutory instrument containing an order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997.
In the Justices of the Peace Act 1997, after section 41 (as substituted by section 88(1) above) insert—
In section 60 of that Act (application of fines and fees)—
in subsection (1) (payment to Lord Chancellor of sums received by a justices' clerk), for “justices' clerk” substitute “justices' chief executive” and omit paragraph (b)(ii) (special provision for compensation orders),
in subsection (3) (exception for salary and expenses of justices' clerk), for “justices' clerk” substitute “justices' chief executive”,
omit subsection (4) (which is superseded by the amendment made by subsection (3) of this section), and
in the sidenote, for “fines and fees” substitute “receipts of justices' chief executive”.
After that section insert—
Any order made before 1st April 1953 under section 30 of the Criminal Justice Administration Act 1914 or section 1 of the Affiliation Orders Act 1914—
In the Magistrates' Courts Act 1980, after section 125 insert—
In the Justices of the Peace Act 1997, after section 31 insert—
In the Magistrates' Courts Act 1980, after section 125A (inserted by section 92 above) insert—
In the Magistrates' Courts Act 1980, after section 125B (inserted by section 93(2) above) insert—
In section 125(2) of the Magistrates' Courts Act 1980 (execution by person to whom warrant is directed or constable), after “warrant of commitment,” insert “warrant of detention,”.
In section 136(2) of that Act (warrants of detention), for the words from “, unless” to “functions” substitute —.
In the Magistrates' Courts Act 1980, after section 125C (inserted by section 94 above) insert—
In the Maintenance Orders Act 1958, in— omit paragraph (b) (cessation of warrant of commitment on giving notice), apart from the word “and” at the end.
section 2(4) (registration of orders), and
section 5(4) (cancellation of registration),
In section 83 of the Magistrates' Courts Act 1980 (process for securing attendance of offender for purposes of section 82), omit subsection (4) (warrant to cease to have effect when sum in respect of which it is issued is paid to police officer holding the warrant).
In section 86(4) of that Act (which applies subsections (3) and (4) of section 83 to warrants issued under section 86), for “subsections (3) and (4)” substitute “subsection (3)”.
In section 125(1) of that Act (warrants of arrest), insert at the end “or it ceases to have effect in accordance with the rules”.
In the Justices of the Peace Act 1997, after section 53 insert—
In the Magistrates' Courts (Northern Ireland) Order 1981, after Article 6 insert—
In— after “6” insert “, 6A”.
Article 145A of the Magistrates' Courts (Northern Ireland) Order 1981 (county court judge hearing certain appeals to be treated like resident magistrate in relation to immunity), and
paragraph 2A of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (member of panel formed under paragraph 1 of that Schedule to be so treated),
In section 54 of the Justices of the Peace Act 1997 (indemnity for justices and their clerks)—
in subsection (1)(a)(i) (which refers to proceedings against a justice, clerk or assistant clerk), omit “against him”, and
in subsection (2)(b)(i) (which makes provision for the indemnification of a justice, clerk or assistant clerk on a discretionary basis), after “funds” insert “unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith”.
In each of sections 51 and 52 of the Justices of the Peace Act 1997 (immunity for acts of justices and justices' clerks within and beyond jurisdiction), number the existing provision as subsection (1) and after it insert—
In section 2 of the Taxes Management Act 1970 (General Commissioners), after subsection (8) insert—
In the Taxes Management Act 1970, after section 2 insert—
In the Taxes Management Act 1970, after section 3 insert—
In the Coroners Act 1988, after section 27 insert—
In the Coroners Act (Northern Ireland) 1959, after section 5 insert—
Schedule 14 (transitional provisions and savings) has effect.
Schedule 15 (repeals and revocations) has effect.
This Act binds the Crown.
Subject to subsections (2) and (3), the preceding provisions of this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be appointed for different purposes and, in the case of section 67(2), for different areas.
Section 45 shall come into force on the day on which this Act is passed.
The following provisions shall come into force at the end of the period of two months beginning with the day on which this Act is passed—
in Part II, sections 32 to 34,
Part IV, apart from section 66 and Schedule 9 and sections 67(2) and 71,
in Part V, sections 74 to 76, 81, 82, 84, 86 and 87 and Schedule 10,
in Part VI, section 104,
Schedule 14,
in Schedule 15, Part III and Part V(1) and (5), apart from the provisions specified in subsection (4), and
section 107.
The provisions excepted from subsection (3)(f) are the repeal of section 67(8) of the Magistrates' Courts Act 1980 (and that in Schedule 11 to the Children Act 1989) contained in Part V(1) of Schedule 15.
Sections 32 to 34 and 73(2) extend to Scotland.
Sections 98(2) and (3) and 104(2) extend to Northern Ireland.
Sections 68, 101, 102 and 103 extend to England and Wales, Scotland and Northern Ireland.
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.
Subject to subsection (4), the provisions of this Part (including paragraph 1, but not the rest, of Schedule 14) extend to England and Wales, Scotland and Northern Ireland.
Subject to the preceding provisions, this Act extends to England and Wales.
For the purposes of the Scotland Act 1998 this Act, so far as it extends to Scotland, shall be taken to be a pre-commencement enactment within the meaning of that Act.
This Act may be cited as the Access to Justice Act 1999.
Section 1.
The Commission shall be a body corporate.
The Commission shall not be regarded— and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.
as the servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown;
Subject to paragraphs 4 and 5, any member of the Commission shall hold and vacate office in accordance with the terms of his appointment. But a person shall not be appointed a member of the Commission for a period of more than five years.
A member of the Commission, or the person appointed to chair it, may resign office by giving notice in writing to the Lord Chancellor. If the person appointed to chair the Commission ceases to be a member of it, he shall cease to chair it. A person who ceases to be a member of the Commission, or to chair it, shall be eligible for reappointment.
The Lord Chancellor may terminate the appointment of a member of the Commission if satisfied that—
he has become bankrupt or made an arrangement with his creditors,
he is unable to carry out his duties as a member of the Commission by reason of illness,
he has been absent from meetings of the Commission for a period longer than six consecutive months without the permission of the Commission, or
he is otherwise unable or unfit to discharge the functions of a member of the Commission.
Before appointing a person to be a member of the Commission, the Lord Chancellor shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member of the Commission. The Lord Chancellor shall from time to time satisfy himself with respect to every member of the Commission that he has no such interest as is referred to in sub-paragraph (1). Any person whom the Lord Chancellor proposes to appoint as, and who has consented to be, a member of the Commission, and any member of the Commission, shall (whenever requested by the Lord Chancellor to do so) supply him with such information as the Lord Chancellor considers necessary for the performance by the Lord Chancellor of his duties under this paragraph.
A member of the Commission who is in any way directly or indirectly interested in an individual contract entered into or proposed to be entered into, or an individual grant, loan or other payment made or proposed to be made, by the Commission shall disclose the nature of his interest at a meeting of the Commission; and— For the purposes of sub-paragraph (1), a general notice given at a meeting of the Commission by a member of the Commission to the effect— shall be regarded as a sufficient disclosure of his interest in relation to any contract subsequently entered into with, or grant, loan or other payment made to, him or the body. A member of the Commission need not attend in person at a meeting of the Commission in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read out at the meeting.
The Commission may— as the Lord Chancellor may determine. Where a person ceases to be a member of the Commission otherwise than on the expiry of his term of office, and it appears to the Lord Chancellor that there are special circumstances which make it right for that person to receive compensation, the Lord Chancellor may require the Commission to make that person a payment of such amount as the Lord Chancellor may determine.
The Commission shall appoint a person to be the chief executive of the Commission who shall be responsible to the Commission for the exercise of its functions. The Commission may appoint such other employees as it thinks fit. The Commission may only appoint a person to be— after consultation with, and subject to the approval of, the Lord Chancellor. An appointment under this paragraph may be made on such terms and conditions as the Commission, with the approval of the Lord Chancellor, may determine.
The Commission shall make, in respect of such of its employees as, with the approval of the Lord Chancellor, it may determine such arrangements for providing pensions, allowances or gratuities, including pensions, allowances or gratuities by way of compensation for loss of employment, as it may determine. Arrangements under sub-paragraph (1) may include the establishment and administration, by the Commission or otherwise, of one or more pension schemes. If an employee of the Commission— the Commission may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Commission whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8. Where the Commission exercises the power conferred by sub-paragraph (3), any discretion as to the benefits payable to or in respect of the member concerned which the scheme confers on the Commission shall be exercised only with the approval of the Lord Chancellor.
The Lord Chancellor shall pay to the Commission such sums as he may determine as appropriate for— The Lord Chancellor may—
Subject to anything in any instrument made under this Part, the Commission may regulate its own proceedings. Committees— but the Lord Chancellor may by direction require the Commission to make such provision relating to committees as is specified in the direction. A committee shall act in accordance with such instructions as the Commission may from time to time give; and the Commission may provide for anything done by a committee to have effect as if it had been done by the Commission. The Commission may pay to the members of any committee such fees and allowances as the Lord Chancellor may determine. The validity of any proceedings of the Commission or of any committee appointed by the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any member.
The Commission shall provide the Lord Chancellor with such information as he may require relating to its property and to the discharge or proposed discharge of its functions. The Commission shall—
The Commission shall provide to the Lord Chancellor, as soon as possible after the end of each financial year, a report on how it has during that year— The Lord Chancellor may by direction require the Commission to deal with the matters specified in the direction in reports, or a particular report, under this paragraph. The Lord Chancellor shall lay before each House of Parliament a copy of each report provided to him under this paragraph and the Commission shall publish a report once it has been so laid. In this paragraph and paragraphs 15 and 16 “financial year” means—
The Commission shall, before the beginning of each financial year (other than that specified in paragraph 14(4)(a)), prepare a plan setting out how it intends in that year— and the plan shall include a summary of what the Commission has ascertained in the exercise of its functions under section 4(6). The Lord Chancellor may by direction require the Commission to deal with the matters specified in the direction in plans, or a particular plan, under sub-paragraph (1). The Commission shall send a copy of each plan prepared under sub-paragraph (1) to the Lord Chancellor. If the Lord Chancellor approves it, he shall lay a copy before each House of Parliament and the Commission shall publish the plan once it has been so laid. If he does not approve it, he shall by direction require the Commission to revise it in accordance with the direction; and the direction shall include the Lord Chancellor’s reasons for not approving the plan. When the Commission has revised the plan it shall send the Lord Chancellor a copy of the revised plan and he shall lay a copy before each House of Parliament and the Commission shall publish the revised plan once it has been so laid.
The Commission shall keep accounts and shall prepare in respect of each financial year a statement of accounts. The accounts shall be kept, and the statement of accounts shall be prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, specify by direction given to the Commission. 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. The Comptroller and Auditor General shall—
The fixing of the seal of the Commission shall be authenticated by a member of the Commission or by some other person authorised either generally or specially by the Commission to act for that purpose. A document purporting to be duly executed under the seal of the Commission or to be signed on the Commission’s behalf—
Section 6. The services which may not be funded as part of the Community Legal Service are as follows.
Services consisting of the provision of help (beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—
allegations of negligently caused injury, death or damage to property, apart from allegations relating to clinical negligence,
conveyancing,
boundary disputes,
the making of wills,
matters of trust law,
defamation or malicious falsehood,
matters of company or partnership law, or
other matters arising out of the carrying on of a business.
Advocacy in any proceedings except—
proceedings in—
the House of Lords in its judicial capacity,
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,
the Court of Appeal,
the High Court,
any county court,
the Employment Appeal Tribunal, or
any Mental Health Review Tribunal,
proceedings in the Crown Court—
for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997,
which relate to an order under section 4 or 10 of the Crime and Disorder Act 1998, or
under section 8 of that Act where the order is made by virtue of subsection (1)(c) of that section,
proceedings in a magistrates' court—
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,
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,
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,
for or in relation to an order under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978,
under the Children Act 1989,
under section 30 of the Human Fertilisation and Embryology Act 1990,
under section 20 or 27 of the Child Support Act 1991,
under Part IV of the Family Law Act 1996,
for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, or
under section 1, 2, 8 or 11 of the Crime and Disorder Act 1998, and
proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).
Section 14.
A right to representation for the purposes of any kind of criminal proceedings before a court may be granted to an individual such as is mentioned in relation to that kind of proceedings in section 12(2). A right to representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity. In this Schedule “court” includes any body before which criminal proceedings take place.
A court before which any criminal proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed. 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. A court also has power to grant a right to representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed. The form of the application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed. A right to representation in respect of proceedings 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. 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. 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.
Regulations may provide that the Commission shall have power to grant rights to representation in respect of any one or more of the descriptions of proceedings prescribed under section 12(2)(g), and to withdraw any rights to representation granted by it. The form of any application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed. Regulations under sub-paragraph (1) may make such transitional provisions as the Lord Chancellor may consider appropriate.
Except where regulations otherwise provide, an appeal shall lie to such court or other person or body as may be prescribed against a decision to refuse to grant a right to representation or to withdraw a right to representation.
Any question as to whether a right to representation should be granted shall be determined according to the interests of justice. In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account— The Lord Chancellor may by order amend sub-paragraph (2) by adding new factors or varying any factor. A right to representation shall always be granted in such circumstances as may be prescribed.
Section 24.
Legal Services Commission.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)— “Legal Services Commission.”
In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), at the end 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)—
for paragraph (a) substitute—, and
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)—
for paragraph (a) substitute—, and
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)—
for paragraph (a) substitute—, and
in paragraph (b), for “legal aid” substitute “such representation”.
In section 1(3)(c) of the Attachment of Earnings Act 1971 (magistrates' court may make order to secure payment of any sum required to be paid by legal aid contribution order), for “legal aid contribution order” substitute “order under section 17(2) of the Access to Justice Act 1999”.
In section 21(1) of the Powers of Criminal Courts Act 1973 (restrictions on imposing sentence on person who is not legally represented)—
for paragraph (a) substitute—, and
in paragraph (b), for “legal aid” substitute “such representation”.
Section 47 of the Solicitors Act 1974 (jurisdiction of Solicitors Disciplinary Tribunal) is amended as follows. 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”. In subsection (2A) (exclusion of solicitor from providing legal aid work because of conduct in connection with services under the Legal Aid Act 1988)— 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”. 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”.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)— “The Legal Services Commission.”
In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)— “The Legal Services Commission.”
In section 75(4) of the Sex Discrimination Act 1975 (charges to recover costs of assistance in legal proceedings subject to charges under the Legal Aid Act 1988 or any provision in that Act for sum payable to Legal Aid Board)—
for “under the Legal Aid Act 1988” substitute “imposed by section 10(7) of the Access to Justice Act 1999”,
after “any provision in” insert “, or made under,”, and
for “Legal Aid Board” substitute “Legal Services Commission”.
In section 66(6) of the Race Relations Act 1976 (charges to recover costs of assistance in legal proceedings subject to charges under the Legal Aid Act 1988 or any provision in that Act for sum payable to Legal Aid Board)—
for “under the Legal Aid Act 1988” substitute “imposed by section 10(7) of the Access to Justice Act 1999”,
after “any provision in” insert “, or made under,”, and
for “Legal Aid Board” substitute “Legal Services Commission”.
The Magistrates' Courts Act 1980 has effect subject to the following amendments.
In section 8(4) (matters which may be contained in a report of committal proceedings without an order), for paragraph (i) substitute—
In section 92(1)(b) (no restriction on power to impose imprisonment for default in paying contribution ordered under section 23 of the Legal Aid Act 1988), for the words from “section 23” to “to” substitute “section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of”.
In section 130(3) (power of alternate court in remand hearings to grant legal aid), for “the grant of legal aid” substitute “the grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service”.
In section 145A(4) (rules about costs may include provision for the reimbursement of sums paid by the Legal Aid Board), for “Legal Aid Board” substitute “Legal Services Commission”.
In Part I of Schedule 6 (fees), in paragraph 1(a) of the Note at the end (persons from whom fees not required), for the words from “a legally assisted person” to “1988” substitute “receiving services funded by the Legal Services Commission as part of the Community Legal Service”.
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—
In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert—
In section 47(7) (references to orders not to include contribution orders), for “a contribution order made under section 23 of the Legal Aid Act 1988” substitute “an order under section 17(2) of the Access to Justice Act 1999”.
In section 3(1) of the Criminal Justice Act 1982 (restriction on imposing sentence on person under 21 who is not legally represented)—
for paragraph (i) substitute—, and
in paragraph (ii), for “legal aid” substitute “such representation”.
In section 52(5) of the Telecommunications Act 1984 (charges to recover costs of assistance in legal proceedings subject to legal aid charges), for paragraph (a) substitute—.
The Prosecution of Offences Act 1985 has effect subject to the following amendments.
In section 19(2)(b) (in making an order for costs account to be taken of grant of representation under Legal Aid Act 1988), for the words from “or any grant” to the end substitute “or any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service;”.
In section 20(2) (recovery of sums paid by Legal Aid Board where legally assisted person is awarded costs), for “Legal Aid Board” substitute “Legal Services Commission”.
Section 21 (interpretation) is amended as follows. In subsection (1), in the definition of “legally assisted person”, for “representation under the Legal Aid Act 1988” substitute “a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service”. In subsection (4A)—
In section 11 of the Child Abduction and Custody Act 1985 (costs of application for child custody or access), for the words from “by virtue of” to “1988,” substitute by virtue of—
The Administration of Justice Act 1985 has effect subject to the following amendments.
In section 40(1) (legal aid complaints), 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”.
In section 41(2) (reduction of fees payable in connection with services provided by barristers under Legal Aid Act 1988), for paragraphs (a) and (b) substitute “otherwise payable by the Legal Services Commission in connection with services provided by him as part of the Community Legal Service or Criminal Defence Service”.
In section 42 (exclusion of barristers from legal aid work), in subsections (1) and (3), for “legal aid work” substitute “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service”.
In section 43(3) (reduction of costs payable in connection with services provided by solicitors under Legal Aid Act 1988), for the words from “any costs” to “solicitor” substitute “any costs otherwise payable by the Legal Services Commission in connection with services provided by the solicitor as part of the Community Legal Service or Criminal Defence Service”.
In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission.”
The Criminal Justice Act 1987 has effect subject to the following amendments.
In section 4(1) (functions of magistrates' court to cease when case transferred to Crown Court, except for purposes of grant of legal aid), for “section 20(4) of the Legal Aid Act 1988” substitute “paragraph 2 of Schedule 3 to the Access to Justice Act 1999”.
In section 11(12) (matters to which restrictions on reporting do not apply), for paragraph (h) substitute—
In section 4(3) of the Consumer Arbitration Agreements Act 1988 (availability of legal aid to be considered in determining whether to make reference to arbitration), for “legal aid” substitute “services funded by the Legal Services Commission as part of the Community Legal Service”.
The Housing Act 1988 has effect subject to the following amendments.
In section 82(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission.”
In section 107(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission.”
In section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for “legal aid” substitute “representation funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service”.
In section 17(3)(c)(iii) of the Courts and Legal Services Act 1990 (effect of rules of a professional body relating to the withholding of services from persons receiving support under the Legal Aid Act 1988), for “under the Legal Aid Act 1988” substitute “as part of the Community Legal Service or Criminal Defence Service”.
In section 53(3) of the Criminal Justice Act 1991 (functions of magistrates' court to cease when case transferred to Crown Court, except for purposes of grant of legal aid), for “section 20(4) of the Legal Aid Act 1988” substitute “paragraph 2 of Schedule 3 to the Access to Justice Act 1999”.
Section 108(7) of the Social Security Administration Act 1992 (Secretary of State to inform Legal Aid Board if he recovers maintenance arrears for a person who owes money to the Board) is amended as follows. For “the Legal Aid Board” substitute “the Legal Services Commission”. In paragraph (a), for “; and” substitute ; or. In paragraph (b), after paragraph (ii) insert or.
In section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which restrictions on reporting do not apply), for paragraph (g) substitute—
The Family Law Act 1996 has effect subject to the following amendments.
Section 8 (information meetings) is amended as follows. In subsection (9) (matters about which regulations must be made for the purposes of information given at information meetings), for paragraph (h) substitute—. In subsection (12) (contributions), for “provided for him under Part IIIA of the Legal Aid Act 1988” substitute “funded for him by the Legal Services Commission as part of the Community Legal Service”.
Section 23 (provision of marriage counselling) is amended as follows. In subsection (3) (contributions), for “provided for them under Part IIIA of the Legal Aid Act 1988” substitute “funded for them by the Legal Services Commission as part of the Community Legal Service”. In subsection (8) (powers of the Legal Aid Board)—
The Crime and Disorder Act 1998 has effect subject to the following amendments.
In section 50(2) (procedure at early administrative hearing), for paragraphs (a) to (c) substitute “the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right.”
In paragraph 3(8) of Schedule 3 (matters which may be contained in a report of an application for dismissal of charges), for paragraph (g) substitute—
In section 8(4)(a) of the Disability Rights Commission Act 1999 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under” to “Board” substitute “imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission”.
Section 41.
For sections 29 and 30 of the Courts and Legal Services Act 1990 substitute—
For Schedule 4 to that Act substitute—
Section 43.
The Solicitors Act 1974 has effect subject to the following amendments.
In section 2(4) (Lord Chief Justice or Master of the Rolls deemed to concur in making of regulations approved by him under Schedule 4 to the Courts and Legal Services Act 1990), for the words from “, the Lord Chief Justice” to the end substitute “approves any regulation such as is mentioned in subsection (1), the requirement of the concurrence of the Lord Chief Justice and the Master of the Rolls imposed by that subsection shall not apply.”
In section 31(3) (Master of the Rolls deemed to concur in making of rules approved by him under Schedule 4 to the Courts and Legal Services Act 1990), for the words from “Master of the Rolls” to the end substitute “Lord Chancellor approves any rule such as is mentioned in subsection (1), the requirement of the concurrence of the Master of the Rolls imposed by that subsection shall not apply.”
The Courts and Legal Services Act 1990 has effect subject to the following amendments.
Section 18 (duty to exercise functions as soon as reasonably practicable and in accordance with that section) is amended as follows. In subsection (1) (matters to which duty relates), in paragraph (c) (approval of qualification regulations or rules of conduct), after “approval” insert “or alteration”. After that subsection insert—
Section 27 (rights of audience) is amended as follows. In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit “the granting of”. After subsection (8) insert— In subsection (9)—
Section 28 (rights to conduct litigation) is amended as follows. In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit “the granting of”. After subsection (4) insert— In subsection (5), in the definition of “qualification regulations”, after “entitled to” insert “, or to exercise,”.
In section 53(6)(a) (Council for Licensed Conveyancers), for “section 29” substitute “Schedule 4”.
In section 71 (qualification for judicial appointments), for subsection (6) substitute—
Section 119(1) (interpretation) is amended as follows. In the definition of “right of audience”, for “exercise any of the functions of appearing before and addressing a court including the calling and examining of” substitute “appear before and address a court including the right to call and examine”. In the definition of “right to conduct litigation”, for “exercise all or any of the functions of issuing a writ or otherwise commencing” substitute “issue”.
Section 120 (subordinate legislation) is amended as follows. In subsection (4) (orders and regulations subject to affirmative procedure), for “or paragraph 4” substitute “, paragraph 24 of Schedule 4, paragraph 4”. In subsection (5) (Orders in Council subject to affirmative procedure), for “section 29(2) or 30(1)” substitute “Part I or Part IV of Schedule 4”.
Section 48.
In section 31(1) of the Solicitors Act 1974 (power of Council of the Law Society to make rules about professional practice, conduct and discipline), insert at the end “and for empowering the Society to take such action as may be appropriate to enable the Society to ascertain whether or not the provisions of rules made, or of any code or guidance issued, by the Council are being complied with.”
In— omit “to the Director of Public Prosecutions” and “, if the Director thinks fit,”.
section 32(4) of that Act (power of Council of the Law Society to disclose report or information about solicitor’s accounts to Director of Public Prosecutions for investigation and prosecution of offences), and
paragraph 3 of Schedule 2 to the Administration of Justice Act 1985 (corresponding provision in relation to accounts of incorporated practices),
In the Solicitors Act 1974, after section 33 insert—
In section 87(1) of that Act (interpretation), in the definition of “building society”, omit “; and a reference to an account with a building society is a reference to a deposit account”.
Where rules made under section 33A(1) of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, the Council shall be at liberty to disclose information about a recognised body’s accounts obtained in pursuance of the rules for use in investigating the possible commission of an offence by that body and for use in connection with any prosecution of that body consequent on the investigation.
In Schedule 1 to the Solicitors Act 1974 (intervention in solicitor’s practice), in paragraph 1(1) (circumstances in which Law Society may intervene), in paragraph (c) (failure to comply with rules made by virtue of section 32 or 37(2)(c)), after “section” insert “31,”.
Section 43 of that Act (control of employment of clerks) is amended as follows. In subsection (1) (power of Law Society to apply to Solicitors Disciplinary Tribunal for order in the case of clerk guilty of an offence of dishonesty or other act which makes it undesirable for him to be employed by solicitor)— After that subsection insert— In subsection (2) (order of Tribunal barring solicitor from employing the clerk)— For subsection (3) (revocation by Tribunal) substitute— In subsection (5) (inspection of orders), for “this section and filed with the Society” substitute “subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society,”. In the sidenote, for “employment of certain clerks” substitute “solicitors' employees and consultants”.
In section 44(2) of that Act (breach of order by solicitor), for the words from “an order” to the end of paragraph (b) substitute “an order under section 43(2) is in force in respect of a person”.
Section 49 of that Act (appeals from Tribunal) is amended as follows. In subsection (3) (who can appeal)— In subsection (6) (finality of appeal), for “43(2)” substitute “43(3A)”.
In paragraph 11(1) of Schedule 2 to the Administration of Justice Act 1985 (control of employment of employees of recognised bodies)—
after “employed” (in each place) insert “or remunerated”, and
for the words from “an application” to the end substitute “the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) of section 43 of the 1974 Act with respect to him.”
Section 44B of the Solicitors Act 1974 (power of Law Society to examine files of solicitor or his firm in connection with complaints) is amended as follows. In subsection (1), for the words from “investigating” to the end of paragraph (b) substitute investigating—; and for the words from “all documents” to the end substitute “all relevant documents in the possession of the solicitor or his firm.” For the sidenote substitute “Examination of files.”
In paragraph 14(1) of Schedule 2 to the Administration of Justice Act 1985 (power of Law Society to examine files of recognised body in connection with complaints), for paragraphs (a) and (b) substitute—; and for the words from “all documents” to the end substitute “all relevant documents in the body’s possession.”
In the Solicitors Act 1974, after section 44B insert—
In Schedule 2 to the Administration of Justice Act 1985, after paragraph 14 insert—
Subsections (5) to (7) of section 89 of the Courts and Legal Services Act 1990 (power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.
Section 51.
The Lord Chancellor may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner. Any such directions shall be published by the Lord Chancellor in such manner as appears to him to be appropriate. Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.
The Commissioner may delegate any of his functions to such members of his staff as he thinks fit. All reports prepared by or on behalf of the Commissioner must be signed by him.
The Lord Chancellor shall pay to, or in respect of, the Commissioner such amounts— as he may determine. If— the Lord Chancellor may pay to him such sum as the Lord Chancellor may determine.
The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions. Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the Lord Chancellor, determine. The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner’s staff who suffer loss of employment or loss or diminution of emoluments.
The Commissioner shall make an annual report to the Lord Chancellor on the discharge of his functions during the year to which the report relates. The Commissioner may, in addition, report to the Lord Chancellor at any time on any matter relating to the discharge of the Commissioner’s functions. The Commissioner shall provide the Lord Chancellor with such information relating to the discharge of his functions as the Lord Chancellor may see fit to require. The Lord Chancellor shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).
The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year. The accounts shall be kept, and the statement of accounts prepared, in such form as the Lord Chancellor may, with the approval of the Treasury, direct. The accounts shall be audited by persons appointed by the Lord Chancellor in respect of each financial year. The auditors shall send to the Lord Chancellor a copy of the statement of accounts and of their report. The Lord Chancellor shall lay before each House of Parliament a copy of every statement of accounts and auditors' report sent to him under this paragraph.
The Lord Chancellor may require any professional body in relation to which a direction under section 52 of this Act has been given (and not revoked) to make payments of such amounts as the Lord Chancellor considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions. To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament. The Commissioner may, with the approval of the Lord Chancellor, pay fees or allowances to any person who, in the Commissioner’s opinion, is qualified to assist him in the discharge of his functions and who so assists him.
In Part III of Schedule 1 to— (disqualifying offices), insert (at the appropriate place in alphabetical order)— “The Legal Services Complaints Commissioner.”
the House of Commons Disqualification Act 1975, and
the Northern Ireland Assembly Disqualification Act 1975,
In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)— “The Legal Services Complaints Commissioner.”
The Lord Chancellor may appoint a person to exercise the functions of the Commissioner where— A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed. The Lord Chancellor may pay to any person so appointed such remuneration as he may determine.
Section 66.
Schedule 2 to the Criminal Justice Act 1991 (enforcement of community orders) has effect subject to the amendments in paragraphs 2 to 8.
In paragraph 2(2) (issue by justice of the peace of summons or warrant to direct offender to appear or be brought, in the case of a drug treatment or testing order, before the court responsible for the order and, in the case of any other relevant order, before a magistrates' court for the petty sessions area concerned), for paragraphs (a) and (b) substitute—
In paragraph 3(1) (powers of magistrates' court), for “the magistrates' court” substitute “a magistrates' court”.
In paragraph 6(5) (community service orders)—
in paragraph (a), for “7(2)(a)(ii)” substitute “7(2)(b)”, and
in paragraph (b), for “reference in paragraph 7(1)(b)” substitute “references in paragraphs 7(1)(b) and 8(1)(a)” and for “a reference” substitute “references”.
Paragraph 7 (revocation of order by magistrates' court) is amended as follows. In sub-paragraph (1)— The court may— In sub-paragraph (3), for “(2)(a)(i)” substitute “(2)(a)”. In sub-paragraphs (4) and (5), for “(2)(a)(ii)” substitute “(2)(b)”. Omit sub-paragraph (6).
For paragraph 8(1) and (1A) (circumstances in which Crown Court may revoke an order) substitute—
Paragraph 8A (replacement of probation order with conditional discharge) is amended as follows. In sub-paragraph (1), for “it appears to a magistrates' court acting for the petty sessions area concerned” substitute “to a magistrates' court acting for the petty sessions area concerned (where the order was made by a magistrates' court) or the Crown Court (where the order was made by the Crown Court) it appears to the court”. In sub-paragraph (2), after “paragraph 7” insert “or 8”. In sub-paragraph (3)— Omit sub-paragraphs (4) and (5). In sub-paragraph (6)—
In paragraph 11A (application of paragraph 6A for purposes of paragraphs 6 and 7), for “7(2)(a)(ii)” substitute “7(2)(b)”.
In each of the provisions specified in sub-paragraph (2) (which refer to paragraph 7 of Schedule 2 to the Criminal Justice Act 1991), for “7(2)(a)(ii)” substitute “7(2)(b)”. The provisions referred to in sub-paragraph (1) are—
Section 76.
In section 10 of the Parochial Libraries Act 1708 (warrant to search for lost library books), for “within the county riding or division” substitute “for the commission area”.
In section 4 of the Distress for Rent Act 1737 (procedure where goods fraudulently carried off), for “county, riding, or division or such county,” substitute “commission area”.
In section 4 of the Inclosure Act 1773 (expenses), for “county” substitute “commission area”.
In section 2 of the Burial Ground Act 1816 (valuation of land), for “county, town, or district” substitute “commission area”.
In section 1 of the Inclosure and Drainage (Rates) Act 1833 (recovery of rates or assessments), for “county, riding, or division” substitute “commission area”.
In section 2 of the Ordnance Survey Act 1841 (powers of entry), for “of the county” substitute “of the place”.
In section 1 of the Geological Survey Act 1845 (powers of entry), for “county in which” substitute “place where”.
In section 159 of the Inclosure Act 1845 (recovery of penalties), after “county” insert “or other jurisdiction”.
In section 2 of the Hares Act 1848 (authority to kill hares to be delivered to clerk for petty sessions division), for “petty sessions division” substitute “petty sessions area”.
In section 6 of the Fairs Act 1873 (alteration of fair day on representation of justices for petty sessional division), for “petty sessional division” (in both places) substitute “petty sessions area”.
In section 20 of the Commons Act 1876 (prohibition on gravel digging on certain commons without authority of justices for petty sessional division), for “petty sessional division” substitute “petty sessions area”.
In section 153(3) of the Municipal Corporations Act 1882 (warrant of two justices for the county requiring payment to county treasurer), for “for the county” substitute “for a commission area consisting of or including the whole or part of the county”.
In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for “county sitting in petty sessions” substitute “peace for a commission area consisting of or including the whole or part of the county”.
The Children and Young Persons Act 1933 has effect subject to the following amendments.
In section 48(3) (power of youth court acting for same petty sessional division as remanding court), for “petty sessional division” substitute “petty sessions area”.
The Second Schedule (constitution of youth courts) is amended as follows. In paragraph 1 (Part I to have effect as respects any area outside the inner London area and the City), for the words from “any area” to the end substitute “petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.” In paragraph 8 (restrictions on forming combined panels), for the words from “which” to the end substitute “unless the area consists of, or is wholly included in, a single commission area”. In paragraph 13 (Part II to have effect as respects the inner London area and the City), for the words from “as respects” to “of London” substitute “as respects the area consisting of the petty sessions areas falling wholly or partly within the area consisting of the inner London boroughs and the City of London”.
In section 80(1) of the Criminal Justice Act 1948 (interpretation), in the definition of “local authority”, for “petty sessional division” substitute “petty sessions area”.
In section 15(1) of the Prevention of Damage by Pests Act 1949 (appeal to court for petty sessional division), for “petty sessional division” substitute “petty sessions area”.
In section 68(3) of the National Parks and Access to the Countryside Act 1949 (complaint to court of petty sessional division about notice to enforce access), for “petty sessional division” substitute “petty sessions area”.