§ 32A. Section 53(3) of the Insolvency Act 1986 (execution of instrument appointing receiver) shall cease to have effect.' —[Lord James Douglas-Hamilton.]
§ Lord James Douglas-HamiltonI beg to move amendment No. 116, in page 95, line 28, at beginning insert—
'In subsection (3) of section 4 (Scottish Legal Aid Fund) of the Legal Aid (Scotland) Act 1986—
- (a) paragraph (a) shall cease to have effect; and
- (b) in paragraph (c), after the word "property" there shall be inserted "(including money)".
(1A) .'
Mr. Deputy SpeakerWith this it will be convenient to take Government amendments Nos. 117, 118, 119, 121, 122 and 123.
§ Lord James Douglas-HamiltonThe first amendments are technical, but amendment No. 119 is a bit more substantial. My right hon. and learned Friend the Secretary of State will be able, by regulation, to insist that an assisted person be represented in the supreme courts by 1264 a solicitor with rights of audience there rather than by an advocate. That choice will be for the client alone and that will be followed.
§ Amendment agreed to.
§ Amendments made: No. 117, in page 95, line 28, leave out 'the Legal Aid (Scotland) Act 1986' and insert 'that Act'.
§
No. 118, in page 96, line 9, 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—
- (a) in the proceedings; or
- (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.".'
§
No. 119, in page 96, line 20, leave out from 'words' where it first appears to the end of line 21 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.".'.
§ No. 120, in page 96, line 26, at end insert—