Access to Justice Act 1999 (c. 22)

(The document as of February, 2008)

-- Back --

Page 8

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

12 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."

The Sex Discrimination Act 1975 (c. 65)

13 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)--

(a) for "under the Legal Aid Act 1988" substitute "imposed by section 10(7) of the Access to Justice Act 1999",

(b) after "any provision in" insert ", or made under,", and

The Race Relations Act 1976 (c. 74)

14 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)--

(a) for "under the Legal Aid Act 1988" substitute "imposed by section 10(7) of the Access to Justice Act 1999",

(b) after "any provision in" insert ", or made under,", and

The Magistrates' Courts Act 1980 (c. 43)

15 The Magistrates' Courts Act 1980 has effect subject to the following amendments.

16 In section 8(4) (matters which may be contained in a report of committal proceedings without an order), for paragraph (i) substitute--

" (i) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. "

17 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".

18 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".

19 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".

20 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 (c. 54)

21 The Supreme Court Act 1981 has effect subject to the following amendments.

22 In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert--

" (4) In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999. "

23 In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert--

" (6) In subsection (3) the reference to the Crown Court's jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999. "

24 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".

The Criminal Justice Act 1982 (c. 48)

25 In section 3(1) of the Criminal Justice Act 1982 (restriction on imposing sentence on person under 21 who is not legally represented)--

(a) for paragraph (i) substitute--

" (i) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or " , and

(b) in paragraph (ii), for "legal aid" substitute "such representation".

The Telecommunications Act 1984 (c. 12)

26 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--

" (a) any charge 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 Prosecution of Offences Act 1985 (c. 23)

27 The Prosecution of Offences Act 1985 has effect subject to the following amendments.

28 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;".

29 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".

30 (1) Section 21 (interpretation) is amended as follows.

(2) 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".

(3) In subsection (4A)--

(a) in paragraph (a), for the words from "include" to "of contribution;" substitute "the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;", and

(b) in paragraph (b), for the words from "and 19" to the end substitute ", 19 and 19A of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;".

The Child Abduction and Custody Act 1985 (c. 60)

31 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--

(a) the provision of any service funded by the Legal Services Commission as part of the Community Legal Service, or

(b) the grant of legal aid or legal advice and assistance under. "

The Administration of Justice Act 1985 (c. 61)

32 The Administration of Justice Act 1985 has effect subject to the following amendments.

33 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".

34 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".

35 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".

36 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".

The Housing Act 1985 (c. 68)

37 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 (c. 38)

38 The Criminal Justice Act 1987 has effect subject to the following amendments.

39 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".

40 In section 11(12) (matters to which restrictions on reporting do not apply), for paragraph (h) substitute--

" (h) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. "

The Consumer Arbitration Agreements Act 1988 (c. 21)

41 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 (c. 50)

42 The Housing Act 1988 has effect subject to the following amendments.

43 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."

44 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."

The Children Act 1989 (c. 41)

45 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".

The Courts and Legal Services Act 1990 (c. 41)

46 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".

The Criminal Justice Act 1991 (c. 53)

47 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".

The Social Security Administration Act 1992 (c. 5)

48 (1) 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.

(2) For "the Legal Aid Board" substitute "the Legal Services Commission".

(3) In paragraph (a), for "; and" substitute " ; or

(iii) received services funded by the Legal Services Commission as part of the Community Legal Service; and " .

(4) In paragraph (b), after paragraph (ii) insert " or

(iii) by virtue of section 10 of the Access to Justice Act 1999 in respect of services funded by the Legal Services Commission as part of the Community Legal Service, " .

The Criminal Procedure and Investigations Act 1996 (c. 25)

49 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--

" (g) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. "

The Family Law Act 1996 (c. 27)

50 The Family Law Act 1996 has effect subject to the following amendments.

51 (1) Section 8 (information meetings) is amended as follows.

(2) In subsection (9) (matters about which regulations must be made for the purposes of information given at information meetings), for paragraph (h) substitute--

" (h) the availability of services funded by the Legal Services Commission as part of the Community Legal Service, and where parties can get advice about obtaining such services; " .

(3) 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".

52 (1) Section 23 (provision of marriage counselling) is amended as follows.

(2) 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".

(3) In subsection (8) (powers of the Legal Aid Board)--

(a) for "the Legal Aid Board" substitute "the Legal Services Commission",

(b) for "the Board" substitute "the Commission",

(d) after "purposes of", in the second place, insert "that Part of".

The Crime and Disorder Act 1998 (c. 37)

53 The Crime and Disorder Act 1998 has effect subject to the following amendments.

54 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."

55 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--

" (g) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. "

The Disability Rights Commission Act 1999 (c. 17)

56 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.

SCHEDULE 5 Authorised bodies: designation and regulations and rules

1 For sections 29 and 30 of the [1980 c. 41.] Courts and Legal Services Act 1990 substitute--

" 29 Authorised bodies

The provisions of Schedule 4 shall have effect with respect to the authorisation of bodies for the purposes of sections 27 and 28 and the approval and alteration of qualification regulations and rules of conduct. "

2 For Schedule 4 to that Act substitute--

Section 29.

" SCHEDULE 4 Authorised bodies

Part I Designation of bodies and approval of regulations and rules

Application to Lord Chancellor

1 (1) If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him--

(a) to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

(b) to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights.

(2) An application under this paragraph shall be accompanied by--

(a) a statement of the proposed rights;

(b) the proposed qualification regulations and rules of conduct; and

(c) such explanatory material (including material about the applicant's constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

(3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4) The Lord Chancellor shall send a copy of--

(a) the application and accompanying material; and

(b) any information provided under sub-paragraph (3),

to the Consultative Panel, the Director and each of the designated judges.

Advice of Consultative Panel

2 (1) The Consultative Panel shall consider whether the application should be granted.

(2) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

(3) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(4) The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair Trading

3 (1) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(2) The applicant shall provide the Director with such additional information as he may reasonably require.

(3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4) The Director shall publish any advice given by him under this paragraph.

(5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director's opinion, seriously and prejudicially affect the interests of that person.

(6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Representations by applicant

4 (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the applicant.

(2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice of designated judges

5 (1) The Lord Chancellor shall send to each of the designated judges a copy of--

(a) the advice of the Consultative Panel and the Director; and

(b) any representations made under paragraph 4(2).

(2) Each of the designated judges shall then consider whether the application should be granted.

(3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord Chancellor

6 (1) After considering--

(a) the advice given by the Consultative Panel and any representations made about it;

(b) the advice given by the Director and any representations made about it; and

the Lord Chancellor shall decide whether to grant the application.

(2) When the Lord Chancellor has made his decision he shall notify the applicant of it.

(3) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Effect of grant of application

7 Where the application is granted--

(a) the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

(b) the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights.

Part II Approval in cases of altered regulations, rules or rights

Requirement of approval

8 (1) If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Lord Chancellor.

(2) If an authorised body makes an alteration of--

(a) any rights of audience granted by it (including the grant of a new right of audience); or

(b) any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation),

the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Lord Chancellor.

(3) If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide.

Application to Lord Chancellor

9 (1) An application by a body for the Lord Chancellor to approve--

(a) an alteration of qualification regulations or rules of conduct; or

(b) qualification regulations or rules of conduct in relation to altered rights,

shall be made in writing.

(2) The application shall be accompanied by--

(a) the qualification regulations and rules of conduct;

(b) a statement of the alteration of the regulations, rules or rights; and

(c) such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

(3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4) The Lord Chancellor shall--

(a) send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and

(b) consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the Director.

Early advice of designated judges

10 (1) If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, he--

(a) shall inform each of the designated judges that that is his view; and

(b) may inform each of them of his provisional view as to whether or not the application should be granted.

(2) If so informed, each of the designated judges shall consider whether the application should be granted.

(3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(5) After considering the advice given by each of the designated judges, the Lord Chancellor shall consider again whether or not it would be appropriate to seek the advice of either or both of--

(a) the Consultative Panel; and

(b) the Director,

before deciding whether to grant the application.

Advice of Consultative Panel

11 (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of--

(a) the application and accompanying material; and

(b) any information provided under paragraph 9(3).

(2) The Consultative Panel shall consider whether the application should be granted.

(3) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

(4) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(5) The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair Trading

12 (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of--

(a) the application and accompanying material; and

(b) any information provided under paragraph 9(3).

(2) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(3) The applicant shall provide the Director with such additional information as he may reasonably require.

(4) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(5) The Director shall publish any advice given by him under this paragraph.

(6) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director's opinion, seriously and prejudicially affect the interests of that person.

(7) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Representations by applicant

13 (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send a copy to the applicant.

Advice or further advice of designated judges

14 (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send to each of the designated judges a copy of--

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

-- Back --

Stat