C7C8Part I Legal Services Commission

Annotations:
Modifications etc. (not altering text)
C7

Pt. I extended (1.9.2001) by 2001 c. 17, s. 6(2)(c) (with ss. 16(5), 78); S.I. 2001/2161, art. 2

C8

Pt. 1: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Pt. 1: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

Commission

1 Legal Services Commission.

1

There shall be a body known as the Legal Services Commission (in this Part referred to as “the Commission”).

2

The Commission shall have the functions relating to—

a

the Community Legal Service, and

b

the Criminal Defence Service,

which are conferred or imposed on it by the provisions of this Act or any other enactment.

3

The Commission shall consist of—

a

not fewer than seven members, and

b

not more than twelve members;

but the F1Lord 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.

4

The members of the Commission shall be appointed by the F1Lord Chancellor; and the F1Lord Chancellor shall appoint one of the members to chair the Commission.

5

In appointing persons to be members of the Commission the F1Lord Chancellor shall have regard to the desirability of securing that the Commission includes members who (between them) have experience in or knowledge of—

a

the provision of services which the Commission can fund as part of the Community Legal Service or Criminal Defence Service,

b

the work of the courts,

c

consumer affairs,

d

social conditions, and

e

management.

6

Schedule 1 (which makes further provision about the Commission) has effect.

2 Power to replace Commission with two bodies.

1

The F2Lord Chancellor may by order establish in place of the Commission two bodies—

a

one to have functions relating to the Community Legal Service, and

b

the other to have functions relating to the Criminal Defence Service.

2

The order may make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to the F2Lord Chancellor to be appropriate.

3

The order shall include amendments of—

a

any provisions of, or amended by, this Part which refer to the Commission, and

b

any other enactments which so refer,

to replace references to the Commission with references to either or both of the bodies established by the order.

3 Powers of Commission.

1

Subject to the provisions of this Part, the Commission may do anything which it considers—

a

is necessary or appropriate for, or for facilitating, the discharge of its functions, or

b

is incidental or conducive to the discharge of its functions.

2

In particular, the Commission shall have power—

a

to enter into any contract,

b

to make grants (with or without conditions),

c

to make loans,

d

to invest money,

e

to promote or assist in the promotion of publicity relating to its functions,

f

to undertake any inquiry or investigation which it may consider appropriate in relation to the discharge of any of its functions, and

g

to give the F3Lord Chancellor any advice which it may consider appropriate in relation to matters concerning any of its functions.

3

Subsections (1) and (2) do not confer on the Commission power to borrow money.

4

The Commission may make such arrangements as it considers appropriate for the discharge of its functions, including the delegation of any of its functions.

5

The F3Lord Chancellor may by order require the Commission—

a

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,

b

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

c

to make arrangements such as are specified in the order in relation to the delegation of any function so specified.

Criminal Defence Service

12 Criminal Defence Service.

1

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.

2

In this Part “criminal proceedings” means—

a

proceedings before any court for dealing with an individual accused of an offence,

b

proceedings before any court for dealing with an individual convicted of an offence (including proceedings in respect of a sentence or order),

F10c

proceedings for dealing with an individual under the Extradition Act 2003,

d

proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the M1Magistrates’ Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section,

e

proceedings on an appeal brought by an individual under section 44A of the M2Criminal Appeal Act 1968,

f

proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and

g

such other proceedings concerning an individual, before any such court or other body, as may be prescribed.

3

The Commission shall fund services as part of the Criminal Defence Service in accordance with sections 13 to 15.

4

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.

5

The Commission may charge—

a

for accreditation,

b

for monitoring the services provided by accredited persons and bodies, and

c

for authorising accreditation by others;

and persons or bodies authorised to accredit may charge for accreditation, and for such monitoring, in accordance with the terms of their authorisation.

6

The F11Lord Chancellor may by order require the Commission to discharge the functions in subsections (4) and (5) in accordance with the order.

13 Advice and assistance.

1

The Commission shall fund such advice and assistance as it considers appropriate—

a

for individuals who are arrested and held in custody at a police station or other premises, and

F12b

in prescribed circumstances, for individuals who—

i

are not within paragraph (a) but are involved in investigations which may lead to criminal proceedings,

ii

are before a court or other body in such proceedings, or

iii

have been the subject of such proceedings;

and the assistance which the Commission may consider appropriate includes assistance in the form of advocacy.

2

The Commission may comply with the duty imposed by subsection (1) by—

a

entering into contracts with persons or bodies for the provision of advice or assistance by them,

C3b

making payments to persons or bodies in respect of the provision of advice or assistance by them,

c

making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, advice or assistance,

d

establishing and maintaining bodies to provide, or facilitate the provision of, advice or assistance,

e

making grants to individuals to enable them to obtain advice or assistance,

f

employing persons to provide advice or assistance, or

g

doing anything else which it considers appropriate for funding advice and assistance.

3

The F13Lord Chancellor may by order require the Commission to discharge the function in subsection (2) in accordance with the order.

4

The Commission may fund advice and assistance by different means—

a

in different areas in England and Wales, and

b

in relation to different descriptions of cases.

14 Representation.

C41

Schedule 3 (which makes provision about the grant of a right to representation in criminal proceedings) F14and about the provisional grant of a right to representation in prescribed circumstances has effect; and the Commission shall fund representation to which an individual has been granted F15, or provisionally granted, a right in accordance with that Schedule.

2

Subject to the following provisions, the Commission may comply with the duty imposed by subsection (1) by—

a

entering into contracts with persons or bodies for the provision of representation by them,

C5b

making payments to persons or bodies in respect of the provision of representation by them,

c

making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, representation,

d

establishing and maintaining bodies to provide, or facilitate the provision of, representation,

e

making grants to individuals to enable them to obtain representation,

f

employing persons to provide representation, or

g

doing anything else which it considers appropriate for funding representation.

3

The F16Lord Chancellor—

a

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

b

may by order make any other provision requiring the Commission to discharge the function in subsection (2) in accordance with the order.

4

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

a person or body in receipt of grants or loans made by the Commission as part of the Criminal Defence Service, nor

b

the Commission itself or a body established or maintained by the Commission.

5

The provision which the F16Lord 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.

6

The Commission may fund representation by different means—

a

in different areas in England and Wales, and

b

in relation to different descriptions of cases.

15 Selection of representative.

1

An individual who has been granted F17, or provisionally 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.

2

Regulations may provide that in prescribed circumstances—

a

the right conferred by subsection (1) is not to apply in cases of prescribed descriptions,

b

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,

c

that right is not to include a right to select a representative of a prescribed description,

d

that right is to select only a representative of a prescribed description,

e

that right is to select not more than a prescribed number of representatives to act at any one time, and

f

that right is not to include a right to select a representative in place of a representative previously selected.

3

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.

4

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.

5

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).

6

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.

16 Code of conduct.

1

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.

2

The code shall include—

a

duties to avoid discrimination,

b

duties to protect the interests of the individuals for whom services are provided,

c

duties to the court,

d

duties to avoid conflicts of interest, and

e

duties of confidentiality,

and duties on employees who are members of a professional body to comply with the rules of the body.

3

The Commission may from time to time prepare a revised version of the code.

4

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.

5

After preparing the code or a revised version of the code the Commission shall send a copy to the F18Lord Chancellor .

6

If he approves it he shall lay it before each House of Parliament.

7

The Commission shall publish—

a

the code as first approved by the F18Lord Chancellor , and

b

where he approves a revised version, either the revisions or the revised code as appropriate.

8

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.

17 Terms of provision of funded services.

1

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 F19or regulations under section 17A otherwise provide.

2

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) F20, except insofar as he has already been ordered under regulations under section 17A to pay that cost.

3

Regulations may make provision about—

a

the descriptions of individuals against whom an order under subsection (2) may be made,

b

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,

c

the determination of the cost of representation for the purposes of the making of such an order,

d

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,

e

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,

f

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

g

the enforcement of such an order (including provision for the imposition of charges in respect of unpaid amounts).

F2317AContribution orders

1

Regulations may provide that, in prescribed circumstances, where—

a

an individual has been granted a right to representation, and

b

his financial resources are such as to make him liable under the regulations to do so,

the relevant authority shall order him to pay the cost of his representation or to make a contribution in respect of that cost of such amount as is fixed by or determined under the regulations.

2

Regulations under subsection (1) may include—

a

provision requiring the furnishing of information;

b

provision for the determination of the cost of representation for the purposes of liability under a contribution order;

c

provision enabling the relevant authority to require that an amount payable under a contribution order be paid by periodical payments or one or more capital sums, or both;

d

provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of—

i

any payment in respect of the cost of representation required by a contribution order to be made by him later than the time when the representation is provided;

ii

so much of any payment which he is required by a contribution order to make which remains unpaid after the time when it is required to be made;

e

provision about the enforcement of any liability under a contribution order, including provision for the withdrawal of the individual's right to representation in certain circumstances;

f

provision for the variation or revocation of contribution orders;

g

provision for an appeal to lie to such court or other person or body as may be prescribed against a contribution order;

h

such transitional provision as the Lord Chancellor may consider appropriate.

3

Regulations under subsection (1) shall include provision for the repayment to an individual of any payment made by him in excess of his liability under a contribution order.

4

Regulations under subsection (1) shall provide that an order made under the regulations may not order the payment of costs to the extent that they are already the subject of an order under section 17(2).

5

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this section, “contribution order” means an order under regulations under subsection (1).

18 Funding.

1

The F22Lord 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.

2

The F22Lord Chancellor may—

a

determine the manner in which and times at which the sums referred to in subsection (1) shall be paid to the Commission, and

b

impose conditions on the payment of the sums.

3

In funding services as part of the Criminal Defence Service the Commission shall aim to obtain the best possible value for money.

18AF24Pilot schemes

1

This section applies to the following instruments—

a

any order under section 14 or paragraph 5 of Schedule 3,

b

any regulations under section 12, 13, 15, 17 or 17A or any of paragraphs 1A to 5 of Schedule 3, and

c

any regulations under section 22(5) having effect in relation to the Criminal Defence Service.

2

Any instrument to which this section applies may be made so as to have effect for a specified period not exceeding 12 months.

3

But if the Lord Chancellor thinks that it is necessary or expedient for either of the purposes in subsection (4), the period specified in the instrument—

a

may in the first instance be a period not exceeding 18 months;

b

may be varied so as to become a period not exceeding 18 months.

4

The purposes are—

a

ensuring the effective operation of the instrument;

b

co-ordinating the operation of the instrument with the operation of any other provision made under an enactment relating to any aspect of the criminal justice system.

5

The period for the time being specified in an instrument to which this section applies may also be varied so that the instrument has effect for such further period as the Lord Chancellor thinks necessary for the purpose of securing that it remains in operation until the coming into force of any order or regulations made under the same provision of this Act that will have effect—

a

generally, or

b

for purposes wider than those for which the instrument has effect.

6

In the following provisions of this section “pilot scheme” means any instrument which, in accordance with subsections (2) to (5), is to have effect for a limited period.

7

A pilot scheme may provide that its provisions are to apply only in relation to—

a

one or more specified areas or localities;

b

one or more specified descriptions of court;

c

one or more specified offences or descriptions of offence;

d

one or more specified classes of person;

e

persons selected—

i

by reference to specified criteria; or

ii

on a sampling basis.

8

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period (or that period as varied under subsection (3)(b) or (5)).

9

A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

Supplementary

19 Foreign law.

1

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.

2

But the F25Lord 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.

20 Restriction of disclosure of information.

1

Subject to the following provisions of this section, information which is furnished—

a

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

b

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,

shall not be disclosed except as permitted by subsection (2).

C62

Such information may be disclosed—

a

for the purpose of enabling or assisting the Commission to discharge any functions imposed or conferred on it by or under this Part,

b

for the purpose of enabling or assisting the F26Lord Chancellor to discharge any functions imposed or conferred on him by or under this Part,

c

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,

d

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,

e

in connection with any proceedings relating to the Community Legal Service or Criminal Defence Service, or

f

for the purpose of facilitating the proper performance by any tribunal of disciplinary functions.

3

Subsection (1) does not limit the disclosure of—

a

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

b

information about the amount of any grant, loan or other payment made to any person or body by the Commission.

4

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.

F274A

Subsection (1) does not prevent the disclosure of information after the end of the restricted period, if–

a

the disclosure is by a person who is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

b

the information is not held by the authority on behalf of another person.

4B

The restricted period is the period of one hundred years starting at the end of the calendar year in which a record containing the information was first created.

5

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.

6

Proceedings for an offence under this section shall not be brought without the consent of the Director of Public Prosecutions.

7

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.

21 Misrepresentation etc.

1

Any person who—

a

intentionally fails to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or

b

in furnishing any information required by virtue of this Part makes any statement or representation which he knows or believes to be false,

shall be guilty of an offence.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to—

a

a fine not exceeding level 4 on the standard scale, or

b

imprisonment for a term not exceeding three months,

or to both.

3

Proceedings in respect of an offence under subsection (1) may (despite anything in the M3Magistrates’ 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.

4

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.

5

A county court shall have jurisdiction to hear and determine any action brought by the Commission to recover loss sustained by reason of—

a

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

b

a false statement or false representation made by any person in furnishing any information required by virtue of this Part.

22 Position of service providers and other parties etc.

1

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—

a

the relationship between that individual and the person by whom they are provided or any privilege arising out of that relationship, or

b

any right which that individual may have to be indemnified in respect of expenses incurred by him by any other person.

2

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—

a

that made by way of that funding, and

b

any authorised by the Commission to be taken.

3

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.

4

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—

a

the rights or liabilities of other parties to the proceedings, or

b

the principles on which the discretion of any court or tribunal is normally exercised.

5

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.

6

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.

23 Guidance.

1

The F28Lord Chancellor may give guidance to the Commission as to the manner in which he considers it should discharge its functions.

2

The Commission shall take into account any such guidance when considering the manner in which it is to discharge its functions.

3

Guidance may not be given under this section in relation to individual cases.

4

The F28Lord Chancellor shall either—

a

publish, or

b

require the Commission to publish,

any guidance given under this section.

I124 Consequential amendments.

Schedule 4 (which makes amendments consequential on this Part) has effect.

25 Orders, regulations and directions.

1

Any power of the F29Lord Chancellor under this Part to make an order or regulations is exercisable by statutory instrument.

2

Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the F29Lord Chancellor shall consult the General Council of the Bar and the Law Society.

3

When making any remuneration order the F29Lord Chancellor shall have regard to—

a

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,

b

the cost to public funds, and

c

the need to secure value for money.

4

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—

a

for the provision of services by persons or bodies in individual cases, or

b

by reference to the provision of services by persons or bodies in specified numbers of cases.

5

No directions may be given by the F29Lord Chancellor to the Commission under this Part in relation to individual cases.

6

Any directions given by the F29Lord Chancellor to the Commission under this Part may be varied or revoked.

7

The F29Lord Chancellor shall either—

a

publish, or

b

require the Commission to publish,

any directions given by him under this Part.

8

Orders, regulations and directions of the F29Lord Chancellor under this Part may make different provision for different purposes (including different areas).

9

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 F30F31paragraph 1A, 2A,F324 or 6 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.

F339A

The first regulations under F34section 17A or paragraph 3B of Schedule 3 shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

F359B

No order or regulations which, by virtue of section 18A, is or are to have effect for a limited period shall be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

10

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.

26 Interpretation.

In this Part—

  • “the Commission” means the Legal Services Commission,

  • “the Community Legal Service Fund” has the meaning given by section 5(1),

  • “criminal proceedings” has the meaning given in section 12(2),

  • “prescribed” means prescribed by regulations and “prescribe” shall be construed accordingly,

  • “regulations” means regulations made by the F36Lord Chancellor,

  • F37“relevant authority” means such person or body as may be prescribed, and

  • “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.F38 and, for the purposes of the definition of “representation”, “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation concerned.

C12Part II Other funding of legal services

Annotations:
Modifications etc. (not altering text)
C12

Pt. 2: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Pt. 2: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

Conditional fee and litigation funding agreements

C927 Conditional fee agreements.

1

For section 58 of the M4Courts and Legal Services Act 1990 substitute—

58 Conditional fee agreements.

1

A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.

2

For the purposes of this section and section 58A—

a

a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and

b

a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances.

3

The following conditions are applicable to every conditional fee agreement—

a

it must be in writing;

b

it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and

c

it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor.

4

The following further conditions are applicable to a conditional fee agreement which provides for a success fee—

a

it must relate to proceedings of a description specified by order made by the Lord Chancellor;

b

it must state the percentage by which the amount of the fees which would be payable if it were not a conditional fee agreement is to be increased; and

c

that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by order made by the Lord Chancellor.

5

If a conditional fee agreement is an agreement to which section 57 of the M5Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies, subsection (1) shall not make it unenforceable.

58A Conditional fee agreements: supplementary.

1

The proceedings which cannot be the subject of an enforceable conditional fee agreement are—

a

criminal proceedings, apart from proceedings under section 82 of the M6 Environmental Protection Act 1990; and

b

family proceedings.

2

In subsection (1) “family proceedings” means proceedings under any one or more of the following—

a

the M7Matrimonial Causes Act 1973;

b

the M8Adoption Act 1976;

c

the M9Domestic Proceedings and Magistrates’ Courts Act 1978;

d

Part III of the M10Matrimonial and Family Proceedings Act 1984;

e

Parts I, II and IV of the M11Children Act 1989;

f

Part IV of the M12Family Law Act 1996; and

g

the inherent jurisdiction of the High Court in relation to children.

3

The requirements which the Lord Chancellor may prescribe under section 58(3)(c)—

a

include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and

b

may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).

4

In section 58 and this section (and in the definitions of “advocacy services” and “litigation services” as they apply for their purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

5

Before making an order under section 58(4), the Lord Chancellor shall consult—

a

the designated judges;

b

the General Council of the Bar;

c

the Law Society; and

d

such other bodies as he considers appropriate.

6

A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee.

7

Rules of court may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).

2

In section 120(4) of the M13Courts and Legal Services Act 1990 (orders and regulations subject to affirmative procedure), for “58,” substitute “ 58(4), ”.

28 Litigation funding agreements.

In the Courts and Legal Services Act 1990, after section 58A (inserted by section 27 above) insert—

58B Litigation funding agreements.

1

A litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a litigation funding agreement.

2

For the purposes of this section a litigation funding agreement is an agreement under which—

a

a person (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services (by someone other than the funder) to another person (“the litigant”); and

b

the litigant agrees to pay a sum to the funder in specified circumstances.

3

The following conditions are applicable to a litigation funding agreement—

a

the funder must be a person, or person of a description, prescribed by the F39Lord Chancellor;

b

the agreement must be in writing;

c

the agreement must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of any such description as may be prescribed by the F39Lord Chancellor;

d

the agreement must comply with such requirements (if any) as may be so prescribed;

e

the sum to be paid by the litigant must consist of any costs payable to him in respect of the proceedings to which the agreement relates together with an amount calculated by reference to the funder’s anticipated expenditure in funding the provision of the services; and

f

that amount must not exceed such percentage of that anticipated expenditure as may be prescribed by the F39Lord Chancellor in relation to proceedings of the description to which the agreement relates.

4

Regulations under subsection (3)(a) may require a person to be approved by the F39Lord Chancellor or by a prescribed person.

5

The requirements which the F39Lord Chancellor may prescribe under subsection (3)(d)—

a

include requirements for the funder to have provided prescribed information to the litigant before the agreement is made; and

b

may be different for different descriptions of litigation funding agreements.

6

In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for its purposes) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

7

Before making regulations under this section, the F39Lord Chancellor shall consult—

a

the designated judges;

b

the General Council of the Bar;

c

the Law Society; and

d

such other bodies as he considers appropriate.

8

A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any amount payable under a litigation funding agreement.

9

Rules of court may make provision with respect to the assessment of any costs which include fees payable under a litigation funding agreement.

Costs

C1029 Recovery of insurance premiums by way of costs.

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.

C1130 Recovery where body undertakes to meet costs liabilities.

1

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.

2

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.

3

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.

4

In this section “prescribed” means prescribed by regulations made by the F40Lord 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.

5

Regulations under subsection (1) may, in particular, prescribe as a description of body one which is for the time being approved by the F40Lord Chancellor or by a prescribed person.

31 Rules as to costs.

In section 51 of the M74Supreme 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. ”

C15Part III Provision of legal services

Annotations:
Modifications etc. (not altering text)
C15

Pt. 3: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Rights of audience and rights to conduct litigation

36 Barristers and solicitors.

For sections 31 to 33 of the M70Courts and Legal Services Act 1990 (deemed rights of barristers and solicitors) substitute—

31 Barristers and solicitors.

1

Every barrister shall be deemed to have been granted by the General Council of the Bar a right of audience before every court in relation to all proceedings (exercisable in accordance with the qualification regulations and rules of conduct of the General Council of the Bar approved for the purposes of section 27 in relation to the right).

2

Every solicitor shall be deemed to have been granted by the Law Society—

a

a right of audience before every court in relation to all proceedings (exercisable in accordance with the qualification regulations and rules of conduct of the Law Society approved for the purposes of section 27 in relation to the right); and

b

a right to conduct litigation in relation to every court and all proceedings (exercisable in accordance with the qualification regulations and rules of conduct of the Law Society approved for the purposes of section 28 in relation to the right).

3

A person shall not have a right of audience by virtue of subsection (1) if—

a

he has not been called to the Bar by an Inn of Court; or

b

he has been disbarred, or is temporarily suspended from practice, by order of an Inn of Court.

37 Rights of audience: employed advocates.

In the M72Courts and Legal Services Act 1990, after section 31 (as substituted by section 36 above) insert—

31A Employed advocates.

1

Where a person who has a right of audience granted by an authorised body is employed as a Crown Prosecutor or in any other description of employment, any qualification regulations or rules of conduct of the body relating to that right which fall within subsection (2) shall not have effect in relation to him.

2

Qualification regulations or rules of conduct relating to a right granted by a body fall within this subsection if—

a

they limit the courts before which, or proceedings in which, that right may be exercised by members of the body who are employed or limit the circumstances in which that right may be exercised by them by requiring them to be accompanied by some other person when exercising it; and

b

they do not impose the same limitation on members of the body who have the right but are not employed.

38 Employees of Legal Services Commission.

In the Courts and Legal Services Act 1990, after section 31A (inserted by section 37 above) insert—

31B Advocates and litigators employed by Legal Services Commission.

1

Where a person who has a right of audience or right to conduct litigation granted by an authorised body is employed by the Legal Services Commission, or by any body established and maintained by the Legal Services Commission, any rules of the authorised body which fall within subsection (2) shall not have effect in relation to him.

2

Rules of a body fall within this subsection if they are—

a

rules of conduct prohibiting or limiting the exercise of the right on behalf of members of the public by members of the body who are employees; or

b

rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the body,

and either of the conditions specified in subsection (3) is satisfied.

3

Those conditions are—

a

that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public); and

b

that the rules do not impose the same prohibition or limitation on members of the body who have the right but are not employees.

39 Rights of audience: change of authorised body.

In the M16Courts and Legal Services Act 1990, after section 31B (inserted by section 38 above) insert—

31C Change of authorised body.

1

Where a person—

a

has at any time had, and been entitled to exercise, a right of audience before a court in relation to proceedings of any description granted by one authorised body; and

b

becomes a member of another authorised body and has a right of audience before that court in relation to that description of proceedings granted by that body,

any qualification regulations of that body relating to that right shall not have effect in relation to him.

2

Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of the body who have the right.

3

Subsection (1) does not apply to a person if he has been banned from exercising the right of audience by the body mentioned in paragraph (a) of that subsection as a result of disciplinary proceedings and that body has not lifted the ban.

40 Rights to conduct litigation: barristers and legal executives.

1

Section 28 of the Courts and Legal Services Act 1990 (rights to conduct litigation) is amended as follows.

2

In the definition of “authorised body” in subsection (5), after paragraph (a) (which specifies the Law Society), insert—

aa

the General Council of the Bar;

ab

the Institute of Legal Executives; and

3

After that subsection insert—

5A

Nothing in this section shall be taken to require the General Council of the Bar or the Institute of Legal Executives to grant a right to conduct litigation.

41 Authorised bodies: designation and regulations and rules.

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.

42 Overriding duties of advocates and litigators.

1

In section 27 of the M71Courts and Legal Services Act 1990 (rights of audience), after subsection (2) insert—

2A

Every person who exercises before any court a right of audience granted by an authorised body has—

a

a duty to the court to act with independence in the interests of justice; and

b

a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

2

In section 28 of that Act (rights to conduct litigation), after subsection (2) insert—

2A

Every person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body has—

a

a duty to the court to act with independence in the interests of justice; and

b

a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;

and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

I243 Minor and consequential amendments.

Schedule 6 (which makes minor and consequential amendments relating to rights of audience and rights to conduct litigation) has effect.

Barristers and solicitors

44 Barristers employed by solicitors etc.

1

Where a barrister is employed by—

a

a solicitor or other authorised litigator (within the meaning of the M67Courts and Legal Services Act 1990), or

b

a body recognised under section 9 of the M68Administration of Justice Act 1985 (incorporated solicitors’ practices),

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.

2

Those conditions are—

a

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

b

that the prohibition or limitation does not apply to barristers who provide legal services but are not employees.

45 Fees on application for appointment as Queen’s Counsel.

1

A person who applies to the F82 Secretary of State to be recommended for appointment as Queen’s Counsel in England and Wales shall pay a fee to the F82 Secretary of State.

2

The amount of the fee shall be specified by order made by the F82 Secretary of State; and in determining that amount the F82 Secretary of State shall have regard to the expenses incurred by him in considering such applications.

3

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.

4

This section does not affect section 9 of the M17Great 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).

46 Bar practising certificates.

1

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.

2

Rules made by virtue of subsection (1)—

a

may provide for the payment of different fees by different descriptions of applicants, but

b

may not set fees with a view to raising a total amount in excess of that applied by the Council for the purposes of.

F83i

the regulation, education and training of barristers and those wishing to become barristers

F84ii

the participation by the Council in law reform and the legislative process,

iii

the provision by barristers and those wishing to become barristers of free legal services to the public,

iv

the promotion of the protection by law of human rights and fundamental freedoms, and

v

the promotion of relations between the Council and bodies representing the members of legal professions in jurisdictions other than England and Wales.

3

The F85 Secretary of State may by order made by statutory instrument—

a

amend subsection (2)(b) by adding to the purposes referred to in it such other purposes as the F85 Secretary of State considers appropriate, or

b

vary or revoke an order under paragraph (a).

4

No order shall be made under subsection (3) unless—

a

the F85 Secretary of State has consulted the Council, and

b

a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

5

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 F85 Secretary of State.

6

The Council shall provide the F85 Secretary of State with such information as he may reasonably require for deciding whether to approve any provision of rules made by the Council about practising certificates.

47 Fees for solicitors’ practising certificates.

1

The F86 Secretary of State may by order made by statutory instrument amend section 11(3) of the M69Solicitors 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)—

a

the purposes of the regulation, education and training of solicitors and those wishing to become solicitors, or

b

both those purposes and such other purposes as the F86 Secretary of State considers appropriate.

2

No order shall be made under this section unless—

a

the F86 Secretary of State has consulted the Master of the Rolls and the Law Society, and

b

a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

48 Law Society’s powers in relation to conduct of solicitors etc.

Schedule 7 (which extends the powers of the Law Society in relation to the conduct of solicitors and their employees and consultants) has effect.

Public notaries

53 Abolition of scriveners’ monopoly.

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).

Part IV Appeals, courts, judges and court proceedings

Appeals

54 Permission to appeal.

1

Rules of court may provide that any right of appeal to—

a

a county court,

b

the High Court, or

c

the Court of Appeal,

may be exercised only with permission.

2

This section does not apply to a right of appeal in a criminal cause or matter.

3

For the purposes of subsection (1) rules of court may make provision as to—

a

the classes of case in which a right of appeal may be exercised only with permission,

b

the court or courts which may give permission for the purposes of this section,

c

any considerations to be taken into account in deciding whether permission should be given, and

d

any requirements to be satisfied before permission may be given,

and may make different provision for different circumstances.

4

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).

5

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.

6

For the purposes of this section a right of appeal to the Court of Appeal includes—

a

the right to make an application for a new trial, and

b

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.

55 Second appeals.

1

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—

a

the appeal would raise an important point of principle or practice, or

b

there is some other compelling reason for the Court of Appeal to hear it.

2

This section does not apply in relation to an appeal in a criminal cause or matter.

56 Power to prescribe alternative destination of appeals.

1

The Lord Chancellor may by order provide that appeals which would otherwise lie to—

a

a county court,

b

the High Court, or

c

the Court of Appeal,

shall lie instead to another of those courts, as specified in the order.

2

This section does not apply to an appeal in a criminal cause or matter.

3

An order under subsection (1)—

a

may make different provision for different classes of proceedings or appeals, and

b

may contain consequential amendments or repeals of enactments.

4

Before making an order under subsection (1) the Lord Chancellor shall consult—

a

the Lord Chief Justice,

b

the Master of the Rolls,

F46c

the President of the Queen's Bench Division,

d

the President of the Family Division, and

e

the Chancellor of the High Court.

5

An order under subsection (1) shall be made by statutory instrument.

6

No such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

7

For the purposes of this section an application to have a case stated for the opinion of the High Court constitutes an appeal.

F478

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

57 Assignment of appeals to Court of Appeal.

1

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—

a

the Master of the Rolls, or

b

the court from which or to which the appeal is made, or from which permission to appeal is sought,

may direct that the appeal shall be heard instead by the Court of Appeal.

2

The power conferred by subsection (1)(b) shall be subject to rules of court.

58 Criminal appeals: minor amendments.

F481

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

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 ”.

3

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. ”

4

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).

5

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F486

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In subsection (4) (calculation of length of term of imprisonment), after “imprisonment” insert “ or detention ”.

Civil division of Court of Appeal

59 Composition.

In section 54 of the M75Supreme Court Act 1981 (composition of court of civil division of Court of Appeal), for subsections (2) to (4) (number of judges) substitute—

2

Subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges.

3

The Master of the Rolls may, with the concurrence of the Lord Chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings.

4

The Master of the Rolls, or any Lord Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings.

4A

The Master of the Rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue.

60 Calling into question of incidental decisions.

For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute—

58 Calling into question of incidental decisions in civil division.

1

Rules of court may provide that decisions of the Court of Appeal which—

a

are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

b

do not involve the determination of an appeal or of an application for permission to appeal,

may be called into question in such manner as may be prescribed.

2

No appeal shall lie to the House of Lords from a decision which may be called into question pursuant to rules under subsection (1).

High Court

61 Cases stated by Crown Court.

For section 28A of the Supreme Court Act 1981 (proceedings on case stated by magistrates’ court) substitute—

28A Proceedings on case stated by magistrates’ court or Crown Court.

1

This section applies where a case is stated for the opinion of the High Court—

a

by a magistrates’ court under section 111 of the M21Magistrates’ Courts Act 1980; or

b

by the Crown Court under section 28(1) of this Act.

2

The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.

3

The High Court shall hear and determine the question arising on the case (or the case as amended) and shall—

a

reverse, affirm or amend the determination in respect of which the case has been stated; or

b

remit the matter to the magistrates’ court, or the Crown Court, with the opinion of the High Court,

and may make such other order in relation to the matter (including as to costs) as it thinks fit.

4

Except as provided by the M22Administration of Justice Act 1960 (right of appeal to House of Lords in criminal cases), a decision of the High Court under this section is final.

62 Power to vary committal in default.

In the M76Supreme Court Act 1981, after section 43 insert—

43ZA Power of High Court to vary committal in default.

1

Where the High Court quashes the committal of a person to prison or detention by a magistrates’ court or the Crown Court for—

a

a default in paying a sum adjudged to be paid by a conviction; or

b

want of sufficient distress to satisfy such a sum,

the High Court may deal with the person for the default or want of sufficient distress in any way in which the magistrates’ court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed.

2

If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates’ court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period).

63 Criminal causes and matters.

1

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 ”.

2

In sections 4(2) and (3) and 9(2) of that Act (bail pending appeal), for “a Divisional Court” substitute “ the High Court ”.

64 Contempt of court.

1

Section 13(2) of the Administration of Justice Act 1960 (appeals in cases of contempt of court) is amended as follows.

2

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”.

3

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 ”.

4

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, ”.

65 Habeas corpus.

1

In the M23Administration of Justice Act 1960, omit—

a

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

b

section 15(2) (no appeal to House of Lords from order made by single judge on criminal application for habeas corpus).

2

In section 15 of that Act (appeals in habeas corpus cases)—

a

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

b

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),

for “a Divisional Court” substitute “ the High Court ”.

Crown Court

F5066. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I367 Time limits where accused sent for trial.

1

In paragraph 1 of Schedule 3 to the M24Crime and Disorder Act 1998 (regulations about service of evidence where a person is sent without committal proceedings to Crown Court)—

a

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

b

for sub-paragraph (2) substitute—

2

The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above.

2

In section 13(1) of the M25Criminal Procedure and Investigations Act 1996 (transitional time limits relating to service of unused material), after paragraph (c) insert—

ca

copies of the documents containing the evidence on which the charge or charges are based are served on the accused (where this Part applies by virtue of section 1(2)(cc)),

3

In section 22 of the M26Prosecution 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 M27Crime and Disorder Act 1998 ”.

Judges etc.

68 Judges holding office in European or international courts.

1

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.

2

In this section—

  • “United Kingdom judicial office” means the office of—

    1. a

      Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,

    2. b

      judge of the Court of Session or sheriff, in Scotland, or

    3. c

      Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and

  • “relevant international court” means—

    1. a

      any court established for any purposes of the European Communities, or

    2. b

      any international court (apart from the European Court of Human Rights) which is designated F51in relation to the holder of a United Kingdom judicial office by the appropriate Minister.

3

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—

a

for the purposes of section 12(1) to (6) of the M77Supreme Court Act 1981, section 9(1)(c) or (d) of the M28Administration of Justice Act 1973, section 18 of the M29Courts Act 1971, section 14 of the M30Sheriff Courts (Scotland) Act 1907 or section 106 of the M31County Courts Act (Northern Ireland) 1959 (judicial salaries),

C16b

for the purposes of, or of any scheme established by and in accordance with, the M32Judicial Pensions and Retirement Act 1993, the M33Judicial Pensions Act 1981, the M34Sheriffs’ Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

c

for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the M35Court of Session Act 1988 or section 2(1) or 3(1) of the M36Judicature (Northern Ireland) Act 1978 (judicial numbers).

4

If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the M37Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

5

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.

6

In F52this section“the appropriate Minister” means—

a

in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

b

in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

7

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.

F538

The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.

9

The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.

10

The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).

11

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

69 Vice-president of Queen’s Bench Division.

1

The F54Lord Chief Justice may, after consulting the Lord Chancellor, 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.

F551A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

2

In section 4 of the M78Supreme Court Act 1981 (composition of High Court)—

a

in subsection (1) (membership), after the words “the Senior Presiding Judge;” insert—

ddd

the vice-president of the Queen’s Bench Division;

b

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. ”

3

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 ”.

70 Registrar of civil appeals.

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court proceedings

71 Adjournment of inquest in event of judicial inquiry.

1

In the M38Coroners Act 1988, after section 17 insert—

17A Adjournment of inquest in event of judicial inquiry.

1

If on an inquest into a death the coroner is informed by the Lord Chancellor before the conclusion of the inquest that—

a

a public inquiry conducted or chaired by a judge is being, or is to be, held into the events surrounding the death; and

b

the Lord Chancellor considers that the cause of death is likely to be adequately investigated by the inquiry,

the coroner shall, in the absence of any exceptional reason to the contrary, adjourn the inquest and, if a jury has been summoned, may, if he thinks fit, discharge them.

2

Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.

3

Where a coroner has adjourned an inquest in compliance with subsection (1) above, the Lord Chancellor shall send him the findings of the public inquiry as soon as reasonably practicable after their publication.

4

A coroner may only resume an inquest which has been adjourned in compliance with subsection (1) above if in his opinion there is exceptional reason for doing so; and he shall not do so—

a

before the end of the period of 28 days beginning with the day on which the findings of the public inquiry are published; or

b

if the Lord Chancellor notifies the coroner that this paragraph applies, before the end of the period of 28 days beginning with the day on which the public inquiry is concluded.

5

Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above—

a

the provisions of section 8(3) above shall not apply in relation to that inquest; and

b

if he summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment), he shall proceed in all respects as if the inquest had not previously begun and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.

6

Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (2) above) send to the registrar of deaths a certificate under his hand stating any findings of the public inquiry in relation to the death.

2

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 ”.

3

In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for “certain cases” substitute “ event of criminal proceedings ”.

72 Reporting of proceedings relating to children.

In section 97 of the M39Children Act 1989 (privacy for children involved in certain proceedings)—

a

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

b

in subsection (8) (which makes provision about the application of certain provisions of the M40Magistrates’ Courts Act 1980 in relation to proceedings to which section 97 applies), after “any proceedings” insert “ (before a magistrates’ court) ”.

73 Power to allow children to attend criminal proceedings.

1

In section 36 of the M41Children 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 ”.

2

In section 50(1) of the M42Criminal 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 ”.

Part V Magistrates and magistrates’ courts

Territorial organisation

74 Commission areas.

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75 Petty sessions areas.

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76 Areas: consequential provision.

1

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 M43Justices of the Peace Act 1997.

2

Schedule 10 (which contains other provisions consequential on sections 74 and 75) has effect.

77 Youth courts.

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Justices

78 Unification and renaming of stipendiary bench.

1

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Schedule 11 (which makes amendments consequential on this section) has effect.

79 Justices not to sit on committal for sentence.

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80 Jurisdiction over offences outside area.

1

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ courts committees

81 Areas outside Greater London.

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82 Constitution of committees outside Greater London.

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83 Greater London Magistrates’ Courts Authority.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84 Standard goods and services.

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85 Power to direct implementation of inspectors’ recommendations.

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86 Code of conduct.

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Justices’ chief executives, justices’ clerks and staff

87 Qualification for appointment as chief executive.

F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 Role of chief executives.

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89 Independence of clerks and staff exercising legal functions.

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90 Transfer of clerks’ functions to chief executives.

1

Schedule 13 (which makes amendments transferring administrative functions of justices’ clerks to justices’ chief executives) has effect.

2

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91 Accounting etc. functions of chief executives.

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of warrants

92 Civilian enforcement officers.

In the M44Magistrates’ Courts Act 1980, after section 125 insert—

125A Civilian enforcement officers.

1

A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.

2

In this section “civilian enforcement officer”, in relation to a warrant, means a person who—

a

is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and

b

is authorised in the prescribed manner to execute warrants.

3

The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or distress issued by a justice of the peace—

a

under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor and the Secretary of State, acting jointly; or

b

for the enforcement of a court order of any description so specified.

4

Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—

a

the name of the officer;

b

the authority by which he is employed; and

c

that he is authorised in the prescribed manner to execute warrants,

shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

5

The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

93 Approved enforcement agencies.

1

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In the M45Magistrates’ Courts Act 1980, after section 125A (inserted by section 92 above) insert—

125B Execution by approved enforcement agency.

1

A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—

a

by an individual who is an approved enforcement agency;

b

by a director of a company which is an approved enforcement agency;

c

by a partner in a partnership which is an approved enforcement agency; or

d

by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.

2

In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved under section 31A of the M46Justices of the Peace Act 1997 by the magistrates’ courts committee for the petty sessions area of the justice (or any of the justices) who issued the warrant.

3

Failure by a magistrates’ courts committee to comply with any provision of, or made under, section 31A(2) to (5) of the Justices of the Peace Act 1997 does not of itself render unlawful the execution of a warrant.

4

Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

5

The matters referred to in subsection (4) above are—

a

the name of the person by whom the warrant was executed;

b

if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;

c

if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and

d

the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained under section 31A(4) of the Justices of the M47Peace Act 1997 by the magistrates’ courts committee concerned.

94 Disclosure of information for enforcing warrants.

In the M48Magistrates’ Courts Act 1980, after section 125B (inserted by section 93(2) above) insert—

125C Disclosure of information for enforcing warrants.

1

Basic personal information held by a relevant public authority may, on the application of a justices’ chief executive, be supplied by the authority to him (or to a justices’ clerk appointed by, or member of the staff of, his magistrates’ courts committee who is specified in the application) for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified.

2

In this section—

  • “basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person;

  • “relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and

  • “a section 125A(1) warrant” means a warrant to which section 125A(1) above applies and which has been issued by a justice of the peace to whom the justices’ chief executive making the application is chief executive.

3

Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—

a

any person entitled to execute the warrant;

b

any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or

c

any person who is the justices’ chief executive, a justices’ clerk or a member of the staff of the magistrates’ courts committee whose justices’ chief executive made the application for the information.

4

A person who intentionally or recklessly—

a

discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or

b

uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,

commits an offence.

5

But it is not an offence under subsection (4) above—

a

to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

b

to disclose any information which has previously been lawfully disclosed to the public.

6

A person guilty of an offence under subsection (4) above is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum; or

b

on conviction on indictment, to a fine.

7

The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

95 Warrants of detention.

1

In section 125(2) of the M49Magistrates’ Courts Act 1980 (execution by person to whom warrant is directed or constable), after “warrant of commitment,” insert “ warrant of detention, ”.

2

In section 136(2) of that Act (warrants of detention), for the words from “, unless” to “functions” substitute

—

a

shall authorise the person executing it

I496 Execution by person not in possession of warrant.

In the Magistrates’ Courts Act 1980, after section 125C (inserted by section 94 above) insert—

125D Execution by person not in possession of warrant.

1

A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.

2

A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.

3

Subsection (2) above applies to—

a

a warrant to arrest a person in connection with an offence;

b

a warrant under section 186(3) of the M50Army Act 1955, section 186(3) of the M51Air Force Act 1955, section 105(3) of the M52Naval Discipline Act 1957 or Schedule 2 to the M53Reserve Forces Act 1996 (desertion etc.);

c

a warrant under section 102 or 104 of the M54General Rate Act 1967 (insufficiency of distress);

d

a warrant under section 47(8) of the M55Family Law Act 1996 (failure to comply with occupation order or non-molestation order);

e

a warrant under paragraph 4 of Schedule 3 to the M56Crime and Disorder Act 1998 (unwilling witnesses);

f

a warrant under paragraph 3(2) of Schedule 1 to F76the Powers of Criminal Courts (Sentencing) Act 2000 (offenders referred to court by youth offender panel); and

g

a warrant under section 55, 76, 93, 97 or 97A above.

4

Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

I597 Cessation of warrants.

1

In the M57Maintenance Orders Act 1958, in—

a

section 2(4) (registration of orders), and

b

section 5(4) (cancellation of registration),

omit paragraph (b) (cessation of warrant of commitment on giving notice), apart from the word “and” at the end.

2

In section 83 of the M58Magistrates’ 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).

3

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) ”.

4

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 ”.

Part VI Immunity and indemnity

Justices and their clerks

98 Justices and clerks: immunity from costs.

1

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In the M59Magistrates’ Courts (Northern Ireland) Order 1981, after Article 6 insert—

Costs in legal proceedings6A

1

A court may not order any resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—

a

as such a magistrate or justice; or

b

as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates’ court.

2

Paragraph (1) does not apply in relation to—

a

any proceedings in which a resident magistrate, justice of the peace or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or

b

any proceedings in which it is proved that a resident magistrate, justice of the peace or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.

3

Where a court is prevented by paragraph (1) from ordering a resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.

4

The Lord Chancellor may by regulations specify—

a

circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and

b

how the amount of any payment ordered under that paragraph is to be determined.

5

Regulations under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M60Statutory Instruments Act 1946 shall apply accordingly.

3

In—

a

Article 145A of the M61Magistrates’ Courts (Northern Ireland) Order 1981 (county court judge hearing certain appeals to be treated like resident magistrate in relation to immunity), F78. . .

b

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

after “6” insert “ , 6A ”.

99 Justices and clerks: indemnity.

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100 Assistant justices’ clerks: immunity from action.

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General Commissioners of income tax and their clerks

I7101 General Commissioners: immunity from action.

In section 2 of the M79Taxes Management Act 1970 (General Commissioners), after subsection (8) insert—

9

No action shall lie against a General Commissioner in respect of any act or omission of his—

a

in the execution of his duty; and

b

with respect to any matter within his jurisdiction.

10

No action shall lie against a General Commissioner in respect of any act or omission of his—

a

in the purported execution of his duty; but

b

with respect to any matter not within his jurisdiction,

unless it is proved that he acted in bad faith.

I8102 General Commissioners: immunity from costs and expenses.

In the M80Taxes Management Act 1970, after section 2 insert—

2A General Commissioners: costs and expenses in legal proceedings.

1

A court may not order a General Commissioner to pay costs or (in Scotland) expenses in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty as a General Commissioner.

2

Subsection (1) above does not apply in relation to—

a

any proceedings in which a General Commissioner is being tried for an offence or is appealing against a conviction; or

b

any proceedings in which it is proved that a General Commissioner acted in bad faith in respect of the matters giving rise to the proceedings.

3

Where a court is prevented by subsection (1) above from ordering a General Commissioner to pay costs or expenses in any proceedings, the court may instead order the making by the relevant Minister of a payment in respect of the costs or expenses of a person in the proceedings.

4

The relevant Minister may by regulations made by statutory instrument make provision specifying—

a

circumstances when a court shall or shall not exercise the power conferred on it by subsection (3) above; and

b

how the amount of any payment ordered under that subsection is to be determined.

5

No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

6

In this section “relevant Minister” means the Lord Chancellor or, in Scotland, the Secretary of State.

I9103 General Commissioners and clerks: indemnity.

In the Taxes Management Act 1970, after section 3 insert—

3A General Commissioners and clerks: indemnity.

1

A General Commissioner or a clerk may be indemnified by the relevant Minister in respect of—

a

any costs or (in Scotland) expenses which the General Commissioner or clerk reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a General Commissioner or clerk;

b

any costs or expenses which he reasonably incurs in taking steps to dispute any claim which might be made in such proceedings;

c

any damages awarded against him or costs or expenses ordered to be paid by him in any such proceedings; and

d

any sums payable by him in connection with a reasonable settlement of any such proceedings or claim,

unless it is proved, in respect of matters giving rise to the proceedings or claim in question, that he acted in bad faith.

2

A General Commissioner or a clerk shall be indemnified by the relevant Minister in respect of any such costs or expenses, damages or sums as are mentioned in subsection (1)(a) to (d) above if, in respect of the matters giving rise to the proceedings or claim in question, he acted reasonably and in good faith.

3

Any question whether, or to what extent, a person is to be indemnified under this section shall be determined by the relevant Minister.

4

A determination under subsection (3) above with respect to any such costs or expenses or sums as are mentioned in subsection (1)(a), (b) or (d) above may, if the person claiming to be indemnified so requests, be made in advance before they are incurred or the settlement made.

5

Any such determination in advance for indemnity in respect of costs or expenses to be incurred—

a

shall be subject to such limitations, if any, as the relevant Minister thinks proper and to the subsequent determination of the amount of the costs or expenses reasonably incurred; and

b

shall not affect any other determination which may fall to be made in connection with the proceedings or claim in question.

6

In this section “clerk” means—

a

any person appointed to be a clerk or assistant clerk to the General Commissioners for any division; or

b

a person who assists any such person;

and “relevant Minister” means the Lord Chancellor or, in Scotland, the Secretary of State.

Coroners

104 Indemnity.

1

In the M62Coroners Act 1988, after section 27 insert—

27A Indemnity.

1

A coroner shall be indemnified by the relevant council (without having to lay before them an account under section 27 above) in respect of—

a

any costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a coroner;

b

any costs which he reasonably incurs in taking steps to dispute any claim which might be made in such proceedings;

c

any damages awarded against him or costs ordered to be paid by him in any such proceedings; and

d

any sums payable by him in connection with a reasonable settlement of any such proceedings or claim.

2

Subsection (1) above applies in relation to proceedings by a coroner only if and to the extent that the relevant council agrees in advance to indemnify him.

3

A coroner may appeal to the Secretary of State, or to any person appointed by the Secretary of State for the purpose, from any decision of the relevant council under subsection (2) above.

4

Any amount due to a coroner under this section shall be paid—

a

in the case of a metropolitan or non-metropolitan district council or London borough council, out of the general fund;

b

in the case of a non-metropolitan county council in England, out of the county fund;

c

in the case of the council of a Welsh principal area, out of the council fund; and

d

in the case of the Common Council, out of the City fund.

5

In the case of a coroner for a coroner’s district which—

a

consists of two or more metropolitan districts, special non-metropolitan districts or London boroughs;

b

lies partly in each of two or more Welsh principal areas; or

c

lies partly in each of two or more non-metropolitan counties in England,

any amount due to the coroner under this section shall be apportioned between the councils of those districts, boroughs, areas or counties in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State.

2

In M63the Coroners Act (Northern Ireland) 1959, after section 5 insert—

5A Indemnity.

1

A coroner shall be indemnified by the Lord Chancellor in respect of—

a

any costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a coroner;

b

any costs which he reasonably incurs in taking steps to dispute any claim which might be made in such proceedings;

c

any damages awarded against him or costs ordered to be paid by him in any such proceedings; and

d

any sums payable by him in connection with a reasonable settlement of any such proceedings or claim.

2

Sub-section (1) applies in relation to proceedings by a coroner only if and to the extent that the Lord Chancellor agrees in advance to indemnify him.

C18Part VII Supplementary

Annotations:
Modifications etc. (not altering text)
C18

Pt. 7: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Pt. 7: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

105 Transitional provisions and savings.

Schedule 14 (transitional provisions and savings) has effect.

I6106 Repeals and revocations.

Schedule 15 (repeals and revocations) has effect.

107 Crown application.

This Act binds the Crown.

108 Commencement.

P1C17P2P3P41

Subject to subsections (2) and (3), the preceding provisions of this Act shall come into force on such day as the Lord Chancellor F81or Secretary of State 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.

2

Section 45 shall come into force on the day on which this Act is passed.

3

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—

a

in Part II, sections 32 to 34,

b

Part IV, apart from section 66 and Schedule 9 and sections 67(2) and 71,

c

in Part V, sections 74 to 76, 81, 82, 84, 86 and 87 and Schedule 10,

d

in Part VI, section 104,

e

Schedule 14,

f

in Schedule 15, Part III and Part V(1) and (5), apart from the provisions specified in subsection (4), and

g

section 107.

4

The provisions excepted from subsection (3)(f) are the repeal of section 67(8) of the M64Magistrates’ Courts Act 1980 (and that in Schedule 11 to the M65Children Act 1989) contained in Part V(1) of Schedule 15.

109 Extent.

1

Sections 32 to 34 and 73(2) extend to Scotland.

2

Sections 98(2) and (3) and 104(2) extend to Northern Ireland.

3

Sections 68, 101, 102 and 103 extend to England and Wales, Scotland and Northern Ireland.

4

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.

5

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.

6

Subject to the preceding provisions, this Act extends to England and Wales.

7

For the purposes of the M66Scotland 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.

110 Short title.

This Act may be cited as the Access to Justice Act 1999.