§ 11 Clause 11, page 8, line 37, leave out from ("both,") to end of line 38
§ Lord Falconer of ThorotonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11. I shall speak also to Amendment No. 12.
Amendment No. 11 makes a minor drafting change to shorten Clause 11. It removes some unnecessary words carried over from the Legal Aid Act 1988 about paying contributions from capital by instalments. The existing legal aid regulations about contributions do not make such provision. Under the amended Bill, it would still be possible to provide for instalments, relying on the words in Clause 11(3)(a) about "periodical payments" or "one or more capital sums."
Amendment No. 12 makes another minor drafting change to Clause 11. It clarifies Clause 11(4)(b) which allows interest to be charged on contributions that fall due after the costs to which they relate are incurred. It is not intended that interest should run from the moment any costs are incurred—whether that means costs incurred by the service provider or costs incurred by the commission in making payments on account to the provider under a contract. This provision is intended to allow for the possibility of regulations postponing payment of a capital contribution until after the end of the case, or—although the Government have no plans to do this—requiring contributions from income to continue after the end of the case. The amendment makes this clearer. I beg to move.
§ Moved, That the House do agree with the Commons in their Amendment No. 11.—(Lord Falconer of Thoroton.)
§ On Question, Motion agreed to.