§ 153 Before Clause 86, insert the following clause:
§ Costs against legal representatives etc. in criminal proceedings
§ . The following section shall be inserted after section 19 of the Prosecution of Offences Act 1985—
§ "Costs against legal representatives etc.
§ 19A.—(1) In any criminal proceedings—
- (a) the Court of Appeal;
- (b) the Crown Court; or
- (c) a magistrates' court,
§ (2) Regulations shall provide that a legal or other representative against whom action is taken by a magistrates' court under subsection (1) may appeal to the Crown Court and that a legal or other representative against whom action is taken by the Crown Court under subsection (1) may appeal to the Court of Appeal.
- "legal or other representative", in relation to any proceedings, means a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings;
- "regulations" means regulations made by the Lord Chancellor; and
- "wasted costs" means any costs incurred by a party
- (a) as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or
- (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay." '.
§ 154 Clause 86, Page 62, leave out from (1) in line 18 to end of line 37 and insert:
§ 'In any civil proceedings, a magistrates' court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules.
§ (1A) In subsection (1), "wasted costs" means any costs incurred by a party—
- (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
- (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.'.
§ 155 Page 62, line 38, after 'legal' insert 'or other'.
§ 156 Page 62, line 46, leave out 'or out of central funds'.
§ 157 Page 63, line 3, after 'legal' insert 'or other'.
§ 158 Page 63, line 10, leave out 'and'.
§ 159 Page 63, line 14, at end insert 'and
- (d) shall provide that a legal or other representative against whom action is taken under the rules may appeal to the Crown Court.'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 153 to 159 en bloc. I have already spoken to these amendments with Amendment No. 4.
Moved, That the House do agree with the Commons in their Amendments Nos. 153 to 159. (The Lord Chancellor.)
§ On Question, Motion agreed to.