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Access to Justice Act 1999 (c. 22)

(The document as of February, 2008)

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Access to Justice Act 1999

1999 CHAPTER 22

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Legal Services Commission

    1. Commission

      1. 1. Legal Services Commission.

      2. 2. Power to replace Commission with two bodies.

      3. 3. Powers of Commission.

    2. Community Legal Service

      1. 4. Community Legal Service.

      2. 5. Funding of services.

      3. 6. Services which may be funded.

      4. 7. Individuals for whom services may be funded.

      5. 8. Code about provision of funded services.

      6. 9. Procedure relating to funding code.

      7. 10. Terms of provision of funded services.

      8. 11. Costs in funded cases.

    3. Criminal Defence Service

      1. 12. Criminal Defence Service.

      2. 13. Advice and assistance.

      3. 14. Representation.

      4. 15. Selection of representative.

      5. 16. Code of conduct.

      6. 17. Terms of provision of funded services.

      7. 18. Funding.

    4. Supplementary

      1. 19. Foreign law.

      2. 20. Restriction of disclosure of information.

      3. 21. Misrepresentation etc.

      4. 22. Position of service providers and other parties etc.

      5. 23. Guidance.

      6. 24. Consequential amendments.

      7. 25. Orders, regulations and directions.

      8. 26. Interpretation.

  2. Part II

    Other funding of legal services

    1. Conditional fee and litigation funding agreements

      1. 27. Conditional fee agreements.

      2. 28. Litigation funding agreements.

    2. Costs

      1. 29. Recovery of insurance premiums by way of costs.

      2. 30. Recovery where body undertakes to meet costs liabilities.

      3. 31. Rules as to costs.

    3. Legal aid in Scotland

      1. 32. Regulations about financial limits in certain proceedings.

      2. 33. Recipients of disabled person's tax credit.

      3. 34. References by Scottish Criminal Cases Review Commission.

  3. Part III

    Provision of legal services

    1. Legal Services Consultative Panel

      1. 35. Replacement of ACLEC by Consultative Panel.

    2. Rights of audience and rights to conduct litigation

      1. 36. Barristers and solicitors.

      2. 37. Rights of audience: employed advocates.

      3. 38. Employees of Legal Services Commission.

      4. 39. Rights of audience: change of authorised body.

      5. 40. Rights to conduct litigation: barristers and legal executives.

      6. 41. Authorised bodies: designation and regulations and rules.

      7. 42. Overriding duties of advocates and litigators.

      8. 43. Minor and consequential amendments.

    3. Barristers and solicitors

      1. 44. Barristers employed by solicitors etc.

      2. 45. Fees on application for appointment as Queen's Counsel.

      3. 46. Bar practising certificates.

      4. 47. Fees for solicitors' practising certificates.

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

    4. Legal Services Ombudsman

      1. 49. Powers of Ombudsman.

      2. 50. Funding of Ombudsman by professional bodies.

    5. Legal Services Complaints Commissioner

      1. 51. Commissioner.

      2. 52. Commissioner's functions.

    6. Public notaries

      1. 53. Abolition of scriveners' monopoly.

  4. Part IV

    Appeals, courts, judges and court proceedings

    1. Appeals

      1. 54. Permission to appeal.

      2. 55. Second appeals.

      3. 56. Power to prescribe alternative destination of appeals.

      4. 57. Assignment of appeals to Court of Appeal.

      5. 58. Criminal appeals: minor amendments.

    2. Civil division of Court of Appeal

      1. 59. Composition.

      2. 60. Calling into question of incidental decisions.

    3. High Court

      1. 61. Cases stated by Crown Court.

      2. 62. Power to vary committal in default.

      3. 63. Criminal causes and matters.

      4. 64. Contempt of court.

      5. 65. Habeas corpus.

    4. Crown Court

      1. 66. Enforcement of community orders.

      2. 67. Time limits where accused sent for trial.

    5. Judges etc.

      1. 68. Judges holding office in European or international courts.

      2. 69. Vice-president of Queen's Bench Division.

      3. 70. Registrar of civil appeals.

    6. Court proceedings

      1. 71. Adjournment of inquest in event of judicial inquiry.

      2. 72. Reporting of proceedings relating to children.

      3. 73. Power to allow children to attend criminal proceedings.

  5. Part V

    Magistrates and magistrates' courts

    1. Territorial organisation

      1. 74. Commission areas.

      2. 75. Petty sessions areas.

      3. 76. Areas: consequential provision.

      4. 77. Youth courts.

    2. Justices

      1. 78. Unification and renaming of stipendiary bench.

      2. 79. Justices not to sit on committal for sentence.

      3. 80. Jurisdiction over offences outside area.

    3. Magistrates' courts committees

      1. 81. Areas outside Greater London.

      2. 82. Constitution of committees outside Greater London.

      3. 83. Greater London Magistrates' Courts Authority.

      4. 84. Standard goods and services.

      5. 85. Power to direct implementation of inspectors' recommendations.

      6. 86. Code of conduct.

    4. Justices' chief executives, justices' clerks and staff

      1. 87. Qualification for appointment as chief executive.

      2. 88. Role of chief executives.

      3. 89. Independence of clerks and staff exercising legal functions.

      4. 90. Transfer of clerks' functions to chief executives.

      5. 91. Accounting etc. functions of chief executives.

    5. Execution of warrants

      1. 92. Civilian enforcement officers.

      2. 93. Approved enforcement agencies.

      3. 94. Disclosure of information for enforcing warrants.

      4. 95. Warrants of detention.

      5. 96. Execution by person not in possession of warrant.

      6. 97. Cessation of warrants.

  6. Part VI

    Immunity and indemnity

    1. Justices and their clerks

      1. 98. Justices and clerks: immunity from costs.

      2. 99. Justices and clerks: indemnity.

      3. 100. Assistant justices' clerks: immunity from action.

    2. General Commissioners of income tax and their clerks

      1. 101. General Commissioners: immunity from action.

      2. 102. General Commissioners: immunity from costs and expenses.

      3. 103. General Commissioners and clerks: indemnity.

    3. Coroners

      1. 104. Indemnity.

  7. Part VII

    Supplementary

    1. 105. Transitional provisions and savings.

    2. 106. Repeals and revocations.

    3. 107. Crown application.

    4. 108. Commencement.

    5. 109. Extent.

    6. 110. Short title.

  8. Schedules:

    1. Schedule 1

      Legal Services Commission.

    2. Schedule 2

      Community Legal Service: excluded services.

    3. Schedule 3

      Criminal Defence Service: right to representation.

    4. Schedule 4

      Amendments consequential on Part I.

    5. Schedule 5

      Authorised bodies: designation and regulations and rules.

    6. Schedule 6

      Rights of audience and rights to conduct litigation.

    7. Schedule 7

      Powers of Law Society.

    8. Schedule 8

      Legal Services Complaints Commissioner.

    9. Schedule 9

      Enforcement of community orders.

    10. Schedule 10

      Commission areas and petty sessions areas.

    11. Schedule 11

      Unification and renaming of stipendiary bench.

    12. Schedule 12

      Greater London Magistrates' Courts Authority.

    13. Schedule 13

      Functions transferred to justices' chief executives.

    14. Schedule 14

      Transitional provisions and savings.

      1. Part I

        General.

      2. Part II

        Legal Services Commission.

      3. Part III

        Legal services.

      4. Part IV

        Reporting of proceedings about children.

      5. Part V

        Magistrates and magistrates' courts.

    15. Schedule 15

      Repeals and revocations.

      1. Part I

        Legal Services Commission.

      2. Part II

        Provision of legal services.

      3. Part III

        Appeals, courts, judges and court proceedings.

      4. Part IV

        Enforcement of community orders.

      5. Part V

        Magistrates and magistrates' courts.

      6. Part VI

        Immunity and indemnity.

An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.

[27th July 1999]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Legal Services Commission

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 Lord Chancellor may by order substitute for either or both of the numbers for the time being specified in paragraphs (a) and (b) such other number or numbers as he thinks appropriate.

(4) The members of the Commission shall be appointed by the Lord Chancellor; and the Lord Chancellor shall appoint one of the members to chair the Commission.

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

(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 Lord 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 Lord 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 Lord 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 Lord 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.



Community Legal Service

4 Community Legal Service

(1) The Commission shall establish, maintain and develop a service known as the Community Legal Service for the purpose of promoting the availability to individuals of services of the descriptions specified in subsection (2) and, in particular, for securing (within the resources made available, and priorities set, in accordance with this Part) that individuals have access to services that effectively meet their needs.

(2) The descriptions of services referred to in subsection (1) are--

(a) the provision of general information about the law and legal system and the availability of legal services,

(b) the provision of help by the giving of advice as to how the law applies in particular circumstances,

(c) the provision of help in preventing, or settling or otherwise resolving, disputes about legal rights and duties,

(d) the provision of help in enforcing decisions by which such disputes are resolved, and

(e) the provision of help in relation to legal proceedings not relating to disputes.

(3) Services which the Commission is required to fund as part of the Criminal Defence Service do not fall within subsection (2).

(4) Every person who exercises any function relating to the Community Legal Service shall have regard to the desirability of exercising it, so far as is reasonably practicable, so as to--

(a) promote improvements in the range and quality of services provided as part of the Community Legal Service and in the ways in which they are made accessible to those who need them,

(b) secure that the services provided in relation to any matter are appropriate having regard to its nature and importance, and

(c) achieve the swift and fair resolution of disputes without unnecessary or unduly protracted proceedings in court.

(5) The Commission shall fund services of the descriptions specified in subsection (2) as part of the Community Legal Service in accordance with the following sections.

(6) The Commission shall also inform itself about the need for, and the provision of, services of the descriptions specified in subsection (2) and about the quality of the services provided and, in co-operation with such authorities and other bodies and persons as it considers appropriate--

(a) plan what can be done towards meeting that need by the performance by the Commission of its functions, and

(b) facilitate the planning by other authorities, bodies and persons of what can be done by them to meet that need by the use of any resources available to them;

and the Commission shall notify the Lord Chancellor of what it has done under this subsection.

(7) The Commission may set and monitor standards in relation to services of the descriptions specified in subsection (2).

(8) In particular, the Commission may accredit, or authorise others to accredit, persons or bodies providing services of the descriptions specified in subsection (2); and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.

(9) 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.

(10) The Lord Chancellor may by order require the Commission to discharge the functions in subsections (6) to (9) in accordance with the order.

5 Funding of services

(1) The Commission shall establish and maintain a fund known as the Community Legal Service Fund from which it shall fund services as part of the Community Legal Service.

(2) The Lord Chancellor--

(a) shall pay to the Commission the sums which he determines are appropriate for the funding of services by the Commission as part of the Community Legal Service, and

(b) may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.

(3) In making any determination under subsection (2) the Lord Chancellor shall take into account (in addition to such other factors as he considers relevant) the need for services of the descriptions specified in subsection (2) of section 4 as notified to him by the Commission under subsection (6) of that section.

(4) The Lord Chancellor shall lay before each House of Parliament a copy of every determination under subsection (2)(a).

(5) The Commission shall pay into the Community Legal Service Fund--

(a) sums received from the Lord Chancellor under subsection (2), and

(b) sums received by the Commission by virtue of regulations under section 10 or 11.

(6) The Lord Chancellor may by direction impose requirements on the Commission as to the descriptions of services to be funded from any specified amount paid into the Community Legal Service Fund.

(7) In funding services as part of the Community Legal Service the Commission shall aim to obtain the best possible value for money.

6 Services which may be funded

(1) The Commission shall set priorities in its funding of services as part of the Community Legal Service and the priorities shall be set--

(a) in accordance with any directions given by the Lord Chancellor, and

(b) after taking into account the need for services of the descriptions specified in section 4(2).

(2) Subject to that (and to subsection (6)), the services which the Commission may fund as part of the Community Legal Service are those which the Commission considers appropriate.

(3) The Commission may fund services as part of the Community Legal Service by--

(a) entering into contracts with persons or bodies for the provision of services by them,

(b) making payments to persons or bodies in respect of the provision of services by them,

(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, services,

(d) establishing and maintaining bodies to provide, or facilitate the provision of, services,

(e) making grants or loans to individuals to enable them to obtain services,

(f) itself providing services, or

(g) doing anything else which it considers appropriate for funding services.

(4) The Lord Chancellor may by order require the Commission to discharge the function in subsection (3) in accordance with the order.

(5) The Commission may fund as part of the Community Legal Service different descriptions of services or services provided by different means--

(a) in relation to different areas or communities in England and Wales, and

(b) in relation to different descriptions of cases.

(6) The Commission may not fund as part of the Community Legal Service any of the services specified in Schedule 2.

(7) Regulations may amend that Schedule by adding new services or omitting or varying any services.

(8) The Lord Chancellor--

(a) may by direction require the Commission to fund the provision of any of the services specified in Schedule 2 in circumstances specified in the direction, and

(b) may authorise the Commission to fund the provision of any of those services in specified circumstances or, if the Commission request him to do so, in an individual case.

(9) The Lord Chancellor shall either--

(a) publish, or

(b) require the Commission to publish,

any authorisation under subsection (8)(b) unless it relates to an individual case (in which case he or the Commission may publish it if appropriate).

7 Individuals for whom services may be funded

(1) The Commission may only fund services for an individual as part of the Community Legal Service if his financial resources are such that, under regulations, he is an individual for whom they may be so funded.

(2) Regulations may provide that, in prescribed circumstances and subject to any prescribed conditions, services of a prescribed description may be so funded for individuals without reference to their financial resources.

(3) Regulations under this section may include provision requiring the furnishing of information.

8 Code about provision of funded services

(1) The Commission shall prepare a code setting out the criteria according to which it is to decide whether to fund (or continue to fund) services as part of the Community Legal Service for an individual for whom they may be so funded and, if so, what services are to be funded for him.

(2) In settling the criteria to be set out in the code the Commission shall consider the extent to which they ought to reflect the following factors--

(a) the likely cost of funding the services and the benefit which may be obtained by their being provided,

(b) the availability of sums in the Community Legal Service Fund for funding the services and (having regard to present and likely future demands on that Fund) the appropriateness of applying them to fund the services,

(c) the importance of the matters in relation to which the services would be provided for the individual,

(d) the availability to the individual of services not funded by the Commission and the likelihood of his being able to avail himself of them,

(e) if the services are sought by the individual in relation to a dispute, the prospects of his success in the dispute,

(f) the conduct of the individual in connection with services funded as part of the Community Legal Service (or an application for funding) or in, or in connection with, any proceedings,

(g) the public interest, and

(h) such other factors as the Lord Chancellor may by order require the Commission to consider.

(3) The criteria set out in the code shall reflect the principle that in many family disputes mediation will be more appropriate than court proceedings.

(4) The code shall seek to secure that, where more than one description of service is available, the service funded is that which (in all the circumstances) is the most appropriate having regard to the criteria set out in the code.

(5) The code shall also specify procedures for the making of decisions about the funding of services by the Commission as part of the Community Legal Service, including--

(a) provision about the form and content of applications for funding,

(b) provision imposing conditions which must be satisfied by an individual applying for funding,

(c) provision requiring applicants to be informed of the reasons for any decision to refuse an application,

(d) provision for the giving of information to individuals whose applications are refused about alternative ways of obtaining or funding services, and

(e) provision establishing procedures for appeals against decisions about funding and for the giving of information about those procedures.

(6) The code may make different provision for different purposes.

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

(8) Before preparing the code the Commission shall undertake such consultation as appears to it to be appropriate; and before revising the code the Commission shall undertake such consultation as appears to it to be appropriate unless it considers that it is desirable for the revised version to come into force without delay.

(9) The Lord Chancellor may by order require the Commission to discharge its functions relating to the code in accordance with the order.

9 Procedure relating to funding code

(1) After preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.

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

(3) The Commission shall publish--

(a) the code as first approved by the Lord Chancellor, and

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

(4) The code as first approved by the Lord Chancellor shall not come into force until it has been approved by a resolution of each House of Parliament.

(5) A revised version of the code which does not contain changes in the criteria set out in the code shall not come into force until it has been laid before each House of Parliament.

(6) Subject as follows, a revised version of the code which does contain such changes shall not come into force until it has been approved by a resolution of each House of Parliament.

(7) Where the Lord Chancellor considers that it is desirable for a revised version of the code containing such changes to come into force without delay, he may (when laying the revised version before Parliament) also lay before each House a statement of his reasons for so considering.

(8) In that event the revised version of the code--

(a) shall not come into force until it has been laid before each House of Parliament, and

(b) shall cease to have effect at the end of the period of 120 days beginning with the day on which it comes into force unless a resolution approving it has been made by each House (but without that affecting anything previously done in accordance with it).

10 Terms of provision of funded services

(1) An individual for whom services are funded by the Commission as part of the Community Legal Service shall not be required to make any payment in respect of the services except where regulations otherwise provide.

(2) Regulations may provide that, in prescribed circumstances, an individual for whom services are so funded shall--

(a) pay a fee of such amount as is fixed by or determined under the regulations,

(b) if his financial resources are, or relevant conduct is, such as to make him liable to do so under the regulations, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as is so fixed or determined, or

(c) if the services relate to a dispute and he has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed, or determined in the manner agreed, by him;

and in paragraph (b) "relevant conduct" means conduct in connection with the services (or any application for their funding) or in, or in connection with, any proceedings in relation to which they are provided.

(3) The regulations may include provision for any amount payable in accordance with the regulations to be payable by periodical payments or one or more capital sums, or both.

(4) The regulations may also include provision for the payment by an individual of interest (on such terms as may be prescribed) in respect of--

(a) any loan made to him by the Commission as part of the Community Legal Service,

(b) any payment in respect of the cost of services required by the regulations to be made by him later than the time when the services are provided, or

(c) so much of any payment required by the regulations to be made by him which remains unpaid after the time when it is required to be paid.

(5) The regulations shall include provision for the repayment to an individual of any payment made by him in excess of his liability under the regulations.

(6) The regulations may--

(a) include provision requiring the furnishing of information, and

(b) make provision for the determination of the cost of services for the purposes of the regulations.

(7) Except so far as regulations otherwise provide, where services have been funded by the Commission for an individual as part of the Community Legal Service--

(a) sums expended by the Commission in funding the services (except to the extent that they are recovered under section 11), and

(b) other sums payable by the individual by virtue of regulations under this section,

shall constitute a first charge on any property recovered or preserved by him (whether for himself or any other person) in any proceedings or in any compromise or settlement of any dispute in connection with which the services were provided.

(8) Regulations may make provision about the charge, including--

(a) provision as to whether it is in favour of the Commission or the body or person by whom the services were provided, and

(b) provision about its enforcement.

11 Costs in funded cases

(1) Except in prescribed circumstances, costs ordered against an individual in relation to any proceedings or part of proceedings funded for him shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including--

(a) the financial resources of all the parties to the proceedings, and

(b) their conduct in connection with the dispute to which the proceedings relate;

and for this purpose proceedings, or a part of proceedings, are funded for an individual if services relating to the proceedings or part are funded for him by the Commission as part of the Community Legal Service.

(2) In assessing for the purposes of subsection (1) the financial resources of an individual for whom services are funded by the Commission as part of the Community Legal Service, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.

(3) Subject to subsections (1) and (2), regulations may make provision about costs in relation to proceedings in which services are funded by the Commission for any of the parties as part of the Community Legal Service.

(4) The regulations may, in particular, make provision--

(a) specifying the principles to be applied in determining the amount of any costs which may be awarded against a party for whom services are funded by the Commission as part of the Community Legal Service,

(b) limiting the circumstances in which, or extent to which, an order for costs may be enforced against such a party,

(c) as to the cases in which, and extent to which, such a party may be required to give security for costs and the manner in which it is to be given,

(d) requiring the payment by the Commission of the whole or part of any costs incurred by a party for whom services are not funded by the Commission as part of the Community Legal Service,

(e) specifying the principles to be applied in determining the amount of any costs which may be awarded to a party for whom services are so funded,

(f) requiring the payment to the Commission, or the person or body by which the services were provided, of the whole or part of any sum awarded by way of costs to such a party, and

(g) as to the court, tribunal or other person or body by whom the amount of any costs is to be determined and the extent to which any determination of that amount is to be final.



Criminal Defence Service

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