HC Deb 29 January 1997 vol 289 c435

Amendments made: No. 68, in page 50, line 25, after 'State' insert 'may, in accordance with the provisions of this section, provide for the carrying out of a study into the feasibility of providing criminal legal assistance by means of solicitors employed directly by the Board, and, accordingly,'.

No. 69, in page 50, line 28, at end insert— '( ) The Board shall not, by virtue of this section, employ more solicitors than are necessary to enable it to maintain at all times a working staff of such number of full-time or part-time solicitors as will equal six full-time solicitors; and any solicitor employed by the Board on a casual or temporary basis to fill a vacancy left by the absence on leave or because of illness of a permanent appointee shall require to be a registered solicitor. ( ) The Secretary of State may authorise the Board to make such preparations for the feasibility study as will enable it to begin the study as soon as regulations under subsection (1) above come into force; and such preparations may relate to the purchase and equipping of heritable and moveable property and the employment of staff including, but only for the purposes of training, solicitors.'.

No. 70, in page 50, line 46, leave out 'use' and insert 'instruct'.

No. 242, in page 51, line 2, leave out 'use' and insert 'instruct'.

No. 71, in page 51, line 10, leave out '28(2)' and insert '28'.

No. 72, in page 51, line 10, leave out ', and section 28(1) of this Act shall,'.

No. 73, in page 51, line 12, at end insert— '(8) Within three years of the date on which regulations made under subsection (1) above first come into effect, the Secretary of State shall lay before each House of Parliament a report on the results of the feasibility study. (9) This section, and the provisions of this Act mentioned in subsection (10) below, shall cease to have effect five years after the date on which regulations made under subsection (1) above first come into effect. (10) The provisions referred to in subsection (9) above are—

  1. (a) in section 4, subsection (2)(aa) and (3)(ab);
  2. (b) in section 11—
    1. (i) in subsection (1) the words "or (3)"; and
    2. (ii) subsections (3) and (4);
  3. (c) in section 12(2), the words ";but does not apply to the salary payable to a solicitor employed by the Board by virtue of section 28A of this Act.";
  4. (d) section 25A(3A);
  5. (e) in section 25B(1A), the words from "including" to the end; and
  6. (f) in section 31(1A), paragraph (c).
(11) Prior to the date on which this section ceases to have effect the Board shall make arrangements for the transfer to solicitors or, where registration is in force, registered solicitors not employed by it of any work currently being undertaken by way of criminal legal assistance by solicitors employed by it by virtue of this section. (12) On the date when this section ceases to have effect the Board shall remove from the Register the name of any solicitor employed by it by virtue of this section who is not otherwise entitled to be registered.'.—[Lord James Douglas-Hamilton.]

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