HL Deb 22 July 1986 vol 479 cc195-6

13 Clause 36, page 26, line 15, at end insert— '(ff) make provision in connection with the recovery of sums due to the Fund and making effective the priorities conferred by this Act on the payment of such sums out of awards of expenses or property recovered or preserved for a person receiving legal aid, including—

  1. (i) provision in connection with the enforcement (by whatever means) for the benefit of the Fund of any award of expenses or any agreement as to expenses in favour of a person who has received legal aid; and
  2. (ii) provision making a solicitor's right to payment out of the Fund dependent, in whole or in part, on his performing any duties imposed on him by regulations made for the purposes of this paragraph;?.

Lord Cameron of Lochbroom

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 13. With leave and for the convenience of the House, I should also like to speak to Amendment No. 16. Perhaps I should make one point in relation to Amendment No. 13 as it appears on the Marshalled List and in particular the paragraph which appears at the top of page 4. I am advised that in the third line of that subparagraph where the phrase: on his performing of any duties appears in the Marshalled List, the word "of is otiose, and that the amendment as presented and passed in another place excluded the word "of.

With that introduction, perhaps I may say that these two amendments provide for the Secretary of State to make provision by regulations about the way in which sums due to the Legal Aid Fund may be recovered and protected. This power is presently exercised by rules of court; but since other matters dealing with sums due from property recovered are dealt with by regulations, it seems preferable to be able to deal with all the aspects together in one set of regulations. The Lord President of the Court of Session, with whom we have consulted, agrees that this would be appropriate.

Amendment No. 16 also inserts a provision to make it clear that rules of court may make provision for the apportionment of sums recovered by virtue of an award of expenses between distinct proceedings or matters. This reflects an existing power in the present legislation. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Cameron of Lochbroom.)

On Question, Motion agreed to.