§ Baroness Lockwoodasked Her Majesty's Government:
Which bodies the Lord Chancellor intends to prescribe as entitled to take advantage of the costs recovery provisions contained in Section 30 of the Access to Justice Act 1999; what criteria he will take into account in determining status as a prescribed body; and what procedure should membership organisations follow if they wish to be approved as prescribed bodies. [HL1817]
§ The Lord ChancellorSection 30 of the Access to Justice Act 1999 comes into force on 1 April. From that date membership organisations with prescribed body status will be able to recover a sum as part of legal costs from unsuccessful opponents to reflect the provision of legal help for members and their families.
By virtue of the Access to Justice (Membership Organisations) Regulations 2000, which also come into force on 1 April, bodies which are prescribed for the purpose of Section 30 of the Act are those bodies which are for the time being approved by me.
From 1 April I will approve all trade unions listed by the Certificatior Officer as at 31 March 2000 as prescribed bodies. Other membership organisations may apply to me for approval.
Rather than setting down rigid criteria for prescription in regulations, I believe that there should be a flexible approach with each application for approval treated on its merits. Therefore, in deciding whether an organisation should be approved, I will take account of any relevant representations in its application, but will be mindful, so far as it is relevant, of whether the organisation in question:
- Exists to protect, defend, represent and promote the interests of its members.
- Has a range of benefits for members.
- Offers litigation funding as one of those benefits and on a discretionary basis, at no additional charge.
- Publishes annual accounts.
- Uses monies paid by members to promote their interests and benefits.
- Covers all those deemed eligible by the organisation (not only members).
Organisations wishing to seek my approval as prescribed bodies for the purposes of Section 30 of the Act should apply in writing to:
- Costs and Litigation Funding Branch
- Lord Chancellor's Department
- 3rd Floor Selborne House
- 54–60 Victoria Street
- London SW1E 6QW