HL Deb 25 October 1990 vol 522 cc1676-7

249 Schedule 6, page 101, line 11, at beginning insert: `In subsection (3) of section 4 (Scottish Legal Aid Fund) of the Legal Aid (Scotland) Act 1986—

  1. (a) paragraph (a) shall cease to have effect; and
  2. (b) in paragraph (c), after the word "property" there shall be inserted "(including money)".
(1A).'.

250 Page 101, line 11, leave out 'the Legal Aid (Scotland) Act 1986' and insert 'that Act'.

251 Page 101, line 40, at end insert: `(4A) After subsection (2) of section 17 (contributions and payments out of property received) of that Act, there shall be inserted the following subsections— (2A) Except in so far as regulations made under this section otherwise provide, any sum of money recovered under an award of or an agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of civil legal aid shall be paid to the Board. (2B) Except in so far as regulations made under this section otherwise provide, where, in any proceedings, there is a net liability of the Fund on the account of any party, the amount of that liability shall be paid to the Board by that party, in priority to any other debts, out of any property (wherever situate) which is recovered or preserved for him—

  1. (a) in the proceedings; or
  2. (b) under any settlement to avoid them or to bring them to an end.".
(4B) Subsections (3) to (5) of that section shall cease to have effect. (4C) In subsection (6) of that section, for the words "subsection (5)" there shall be substituted the words "subsections (2A) or (2B)". (4D) In subsection (8) of that section, for the words from "subsection" to the end there shall be substituted the words "subsection (1) above and in section 33 of this Act to "fees and outlays" include references to sums which would have been payable to that solicitor if he had been so employed.".'.

252 Page 102, line 2, leave out from 'words' where it first appears to the end of line 3 and insert '", his counsel" there shall be substituted the words "or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, his counsel or such a solicitor".

(8A) In subsection (9) (b) of the said section 31, at the beginning there shall be inserted "Subject to subsection (11) below,".

(8B) At the end of the said section 31 there shall be inserted the following subsection— (11) Nothing in subsection (9) (b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.".'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 249 to 252 en bloc. These amendments are technical and seek to remove inconsistencies.

Moved, That the House do agree with the Commons in their Amendments Nos. 249 to 252.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.