House of Lords

Session 1998-99 Internet Publications Other Bills before Parliament

 

Access to Justice Bill [H.L.] This is the Access to Justice Bill [H.L.], as introduced in the House of Lords on 2 December 1998
	EXPLANATORY NOTES
	Explanatory Notes to the Bill, prepared by the Lord Chancellor's Department, are published separately as HL Bill 4- EN.
	EUROPEAN CONVENTION ON HUMAN RIGHTS
	The Lord Chancellor has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
	In my view the provisions of the Access to Justice Bill [H.L.] are compatible with the Convention Rights.
	Access to Justice Bill [H.L.]
	ARRANGEMENT OF CLAUSES PART I THE LEGAL SERVICES COMMISSION The Commission Clause   1. The Legal Services Commission. 2. Power to replace Commission with two bodies. 3. Powers of Commission. 4. Directions and guidance. The Community Legal Service 5. The Community Legal Service. 6. Funding of services. 7. Services which may be funded. 8. Individuals for whom services may be funded. 9. Code about provision of funded services. 10. Terms of provision of funded services. 11. Costs in funded cases. The Criminal Defence Service 12. The Criminal Defence Service. 13. Advice and assistance. 14. Representation. 15. Regulations about payments to representatives. 16. Terms of provision of funded services. 17. Funding. Supplementary 18. Foreign law. 19. Restriction of disclosure of information. 20. Misrepresentation etc. 21. Position of service providers and other parties. 22. Consequential amendments. 23. Orders and regulations. 24. Interpretation. PART II LEGAL AID IN SCOTLAND 25. Regulations about financial limits in certain proceedings. 26. Recipients of disability working allowance. PART III LEGAL SERVICES Funding 27. Conditional fee agreements. 28. Recovery of insurance premiums by way of costs. The Legal Services Consultative Panel 29. Replacement of ACLEC by Consultative Panel. Rights of audience and rights to conduct litigation 30. Barristers and solicitors. 31. Rights of audience: employed advocates. 32. Employees of Legal Services Commission. 33. Rights of audience: change of authorised body. 34. Rights to conduct litigation: barristers and legal executives. 35. Authorised bodies: designation and regulations and rules. 36. Overriding duties of advocates and litigators. 37. Minor and consequential amendments. PART IV APPEALS ETC. Right of appeal 38. Permission to appeal. 39. Second appeals. Destination of appeals 40. Power to prescribe alternative destination. 41. Assignment of appeals to Court of Appeal. Civil division of Court of Appeal 42. Composition. 43. Registrar of civil appeals. Jurisdiction of single judge of High Court 44. Criminal causes and matters. 45. Contempt of court. 46. Habeas corpus. Cases stated 47. Cases stated by Crown Court for opinion of High Court. Reporting of proceedings about children 48. Reporting of proceedings relating to children. PART V MAGISTRATES AND MAGISTRATES' COURTS Territorial organisation 49. Commission areas. 50. Petty sessions areas. 51. Consequential amendments. Justices 52. Unification and renaming of stipendiary bench. 53. Justices not to sit on committal for sentence. 54. Jurisdiction over offences outside area. Magistrates' courts committees 55. Areas outside Greater London. 56. Constitution of committees outside Greater London. 57. Greater London Magistrates' Courts Authority. 58. Standard goods and services. Justices' chief executives 59. Qualification for appointment. 60. Role. 61. Transfer of administrative functions of justices' clerks. 62. Collection, payment, accounting and banking. Execution of warrants 63. Civilian enforcement officers. 64. Approved enforcement agencies. 65. Warrants of detention. 66. Execution by person not in possession of warrant. 67. Cessation of warrants. PART VI IMMUNITY AND INDEMNITY Justices and their clerks 68. Justices and clerks: immunity from costs. 69. Justices and clerks: indemnity. 70. Assistant justices' clerks: immunity from action. General Commissioners of income tax and their clerks 71. General Commissioners: immunity from action. 72. General Commissioners: immunity from costs and expenses. 73. General Commissioners and clerks: indemnity. Coroners 74. Indemnity. PART VII SUPPLEMENTARY 75. Transitional provisions and savings. 76. Repeals and revocations. 77. Crown application. 78. Commencement. 79. Extent. 80. Short title.   SCHEDULES     Schedule 1 - The Legal Services Commission.     Schedule 2 - Community Legal Service: excluded services.     Schedule 3 - Criminal Defence Service: right to representation.     Schedule 4 - Amendments consequential on Part I.     Schedule 5 - Authorised bodies: designation and regulations and rules.     Schedule 6 - Rights of audience and rights to conduct litigation: amendments.     Schedule 7 - Commission areas and petty sessions areas: amendments.     Schedule 8 - Unification and renaming of stipendiary bench: amendments.     Schedule 9 - Functions transferred to justices' chief executives.     Schedule 10 - Transitional provisions and savings.     Part I - General.     Part II - Legal Services Commission.     Part III - Legal services.     Part IV - Reporting of proceedings about children.     Part V - Magistrates and magistrates' courts.     Schedule 11 - Repeals and revocations.     Part I - Legal Services Commission.     Part II - Legal services.     Part III - Appeals etc.     Part IV - Magistrates and magistrates' courts.     Part V - Immunity and indemnity.

© Parliamentary copyright 1998

Prepared 3 December 1998