Cadre réglementaire professionnel régional à l’usage des infirmiers et des sages-femmes : création d’une approche commune de la réglementation, de la formation et de la pratique : orientations futures pour le développement des infirmiers et des sages-femmes dans la région Afrique
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Schedule 3 to the Access to Justice Act 1999 (c. 22) (grant of right to representation in respect of criminal proceedings) is amended as mentioned in subsections (2) to (7).
In paragraph 2 (grant of right by court), in sub-paragraph (1) (power of court to grant right in respect of proceedings before it), for “except in such circumstances as may be prescribed” there is substituted “subject to sub-paragraph (1A)”.
The power under sub-paragraph (1) shall not be exercisable—
In that paragraph, in sub-paragraph (5) (power of court to withdraw right in respect of proceedings before it), at the beginning there is inserted “Subject to sub-paragraph (5A),”.
Sub-paragraph (5) does not apply where the Commission has power to withdraw the right to representation in respect of the proceedings.
After the heading “Grant of right by commission” there is inserted—
For paragraph 3(2) and (3) (which relate to the grant of rights by the Commission under paragraph 3) there is substituted—
In section 25(9) of that Act (regulations subject to affirmative resolution procedure), for “paragraph 4 of Schedule 3” there is substituted “paragraph 2A or 4 of Schedule 3”.
In paragraph 11 of Schedule 1 to that Act (funding of Legal Services Commission’s costs relating to administration etc.), in sub-paragraph (1) (duty of Lord Chancellor to make payments in respect of certain costs) for “and” at the end of paragraph (a) there is substituted—.
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Schedule 3 to the Access to Justice Act 1999 (c. 22) is amended as mentioned in subsections (2) to (4).
After paragraph 3A there is inserted—
In paragraph 5 (criteria for grant of right), in sub-paragraph (1) (question whether right should be granted to be determined according to interests of justice), for “a right to representation should be granted” there is substituted “power to grant a right to representation should be exercised”.
Regulations may prescribe circumstances in which the grant of a right to representation shall be taken to be in the interests of justice.
In section 25 of that Act (orders, regulations and directions), after subsection (9) there is inserted—
“relevant authority” means such person or body as may be prescribed,
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The Access to Justice Act 1999 (c. 22) is amended as follows.
In section 17 (terms of provision of funded services)—
in subsection (1), at the end there is inserted “or regulations under section 17A otherwise provide”, and
in subsection (2), at the end there is inserted “, except insofar as he has already been ordered under regulations under section 17A to pay that cost”.
After section 17 there is inserted—
In section 25 (orders, regulations and directions), in subsection (9A) (inserted by section 2 of this Act), after “under” there is inserted “section 17A or”.
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Subsection (3) applies to the following enactments—
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paragraph 5(7) of Schedule 6 to that Act (local authority residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases), and
paragraph 5A(6) of that Schedule (foster parent residence requirement not to be imposed in respect of offender not legally represented in court, except in certain cases).
In each of the enactments to which this subsection applies—
in paragraph (a) (right to representation funded by the Legal Services Commission as part of the Criminal Defence Service withdrawn because of conduct), after “conduct” there is inserted “ or because it appeared that his financial resources were such that he was not eligible to be granted such a right ”, and
for “or” at the end of that paragraph there is substituted—.
This Act may be cited as the Criminal Defence Service Act 2006.
This Act, except this section, 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.
The Lord Chancellor may by order made by statutory instrument make such transitional provision or savings as he thinks fit in connection with the coming into force of any provision of this Act.
This Act extends to England and Wales only.