§ 160 Schedule 4, page 62, leave out lines 2 to 9 and insert—
§ (". The Children and Young Persons Act 1969 has effect subject to the following amendments.
§ . In section 12AA(9) (restrictions on power to require young offender who is not legally represented to live in local authority accommodation)—
- (a) for paragraph (a) substitute—
- "(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of those proceedings but the right was withdrawn because of his conduct; or", and.
- (b) in paragraph (b), for "legal aid" substitute "such representation".
§ . In section 23 (remands and committals to local authority accommodation), in subsection (5A) (restrictions on imposing a security requirement on person who is not legally represented)—
- (a) for paragraph (a) substitute
- "(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
- (b) in paragraph (b), for "legal aid" substitute "such representation".
§ . In that section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), in subsection (4A) (restrictions on remand of boy who is not legally represented)—
- (a) for paragraph (a) substitute
- "(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
- (b) in paragraph (b), for "legal aid" substitute "such representation".")
§ 161 Page 62, leave out lines 16 to 28 and insert—
§ ("5. In section 21(1) of the Powers of Criminal Courts Act 1973 (restrictions on imposing sentence on person who is not legally represented)—
- (a) for paragraph (a) substitute—
- "(a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
- (b) in paragraph (b), for "legal aid" substitute "such representation".")
§ 162 Page 62, leave out lines 32 to 38 and insert—
§ ("(2) In subsection (2)(d) (exclusion of solicitor from legal aid work), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".
§ (3) In subsection (2A) (exclusion of solicitor from providing legal aid work because of conduct in connection with services under the Legal Aid Act 1988)—
- (a) for "legal aid work" substitute "providing representation", and
- (b) in paragraph (a), for "tinder the Legal Aid Act 1988" substitute "funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service".
§ (4) In subsection (2B) (exclusion of member of solicitor's firm from legal aid work), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".
§ (5) In subsection (2D) (person excluded from legal aid work may apply for termination of exclusion), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".")
§ 163 Page 63, leave out lines 32 and 33 and insert ("the words from "section 23" to "to" substitute "section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of".")
§ 164 Page 63, line 41, leave out ("(a) of the Note") and insert ("1(a) of the Note at the end")
§ 165 Page 63, line 44, leave out ("or Criminal Defence Service")
§ 166 Page 64, line 1, at end insert—
§ (". The Supreme Court Act 1981 has effect subject to the following amendments.
§ . In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert—
§ "(4) In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999."
§ . In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert—
§ "(6) In subsection (3) the reference to the Crown Court's jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999."").
§ 167 Page 64, line 2, leave out ("of the Supreme Court Act 1981")
§ 168 Page 64, line 5, leave out ("requiring the payment of a contribution")
497§ 169 Page 64, leave out lines 7 to 19 and insert—
§ ("18. In section 3(1) of the Criminal Justice Act 1982 (restriction on imposing sentence on person under 21 who is not legally represented)—
- (a) for paragraph (i) substitute
- "(i) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or", and.
- (b) in paragraph (ii), for "legal aid" substitute "such representation".")
§ 170 Page 64, line 43, leave out from beginning to end of line 5 on page 65 and insert—
- ("(a) in paragraph (a), for the words from "include" to "of contribution;" substitute "the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;", and
- (b) in paragraph (b), for the words from "and 19" to the end substitute ", 19 and 19A of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service;".")
§ 171 Page 65, line 11, leave out ("or Criminal Defence Service")
§ 172 Page 65, line 21, leave out ("in connection with services provided by him by the Legal Services Commission") and insert ("by the Legal Services Commission in connection with services provided by him")
§ 173 Page 65, leave out lines 24 to 27 and insert—
§ ("28.—(1) In section 42 (exclusion of barristers from legal aid work), in subsections (1) and (3), for "legal aid work" substitute "providing representation funded by the Legal Services Commission as part of the Criminal Defence Service".")
§ 174 Page 65, line 30, leave out ("in connection with services provided by the solicitor by the Legal Services Commission") and insert ("by the Legal Services Commission in connection with services provided by the solicitor")
§ 175 Page 66, line 26, at end insert ("or Criminal Defence Service")
§ 176 Page 66, line 34, leave out from beginning to ("(functions") in line 36 and insert ("In section 53(3) of the Criminal Justice Act 1991")
§ 177 Page 66, leave out lines 40 to 45
§ 178 Page 67, line 41, after ("of") insert (", in the second place,")
§ 179 Page 67, line 41, at end insert—
§ ("The Crime and Disorder Act 1998 (c.37)
§ . The Crime and Disorder Act 1998 has effect subject to the following amendments.
§ . In section 50(2) (procedure at early administrative hearing), for paragraphs (a) to (c) substitute "the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right."
§ . In paragraph 3(8) of Schedule 3 (matters which may be contained in a report of an application for dismissal of charges), for paragraph (g) substitute—
- "(g) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused."
§ The Disability Rights Commission Act 1999
§ . In section 8(4)(a) of the Disability Rights Commission Act 1999 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from "under" to "Board" substitute "imposed by section 11(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission".")
§ 180 After Schedule 6, insert the following new schedule—