Legal Aid, Sentencing and Punishment of Offenders Act 2012

• (a) may amend, repeal, revoke or otherwise modify Part 1 of the Access to Justice Act 1999, this Part of this Act, any other Act and any instrument made under an Act;

• (b) may describe a period, in particular, by reference to the coming into force of a provision of this Part of this Act or the repeal of a provision of Part 1 of the Access to Justice Act 1999.

• (8) The requirement for regulations under this section to specify or describe a period does not prevent the making of further regulations under this section.

• (9) The powers to make regulations under this section are without prejudice to the generality of the powers to make regulations under the other provisions of this Part and under section 149.

• (10) In this section “Act” includes an Act or Measure of the National Assembly for Wales.

Northern Ireland: information about financial resources

40

Schedule 6 (Northern Ireland: information about financial resources) has effect.

Orders, regulations and directions

41

• (1) Orders, regulations and directions under this Part—

• (a) may make different provision for different cases, circumstances or areas,

• (b) may make provision generally or only for specified cases, circumstances or areas, and

• (c) may make provision having effect for a period specified or described in the order, regulations or direction.

• (2) They may, in particular, make provision by reference to—

• (a) services provided for the purposes of proceedings before a particular court, tribunal or other person,

• (b) services provided for a particular class of individual, or

• (c) services provided for individuals selected by reference to particular criteria or on a sampling basis.

• (3) Orders and regulations under this Part—

• (a) may provide for a person to exercise a discretion in dealing with any matter,

• (b) may make provision by reference to a document produced by any person, and

• (c) may make consequential, supplementary, incidental, transitional or saving provision.

• (4) Orders and regulations under this Part are to be made by statutory instrument.

• (5) A statutory instrument containing an order or regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament, unless it is an instrument described in subsection (6) or (9).

• (6) A statutory instrument containing an order or regulations listed in subsection (7) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) Those orders and regulations are—

• (a) orders under section 9;

• (b) regulations under section 11(1)(b), other than regulations in respect of which the Lord Chancellor has made an urgency statement;

• (c) regulations under section 13(8);

• (d) orders under section 17(3);

• (e) regulations under section 18(7);

• (f) regulations under section 19;

• (g) regulations under section 20;

• (h) regulations under section 22;

• (i) regulations under section 26(3) or (6)(b) or (d);

• (j) regulations under section 27(6)(a) or (8);

• (k) regulations under section 39 that amend or repeal a provision of an Act (as defined in that section), other than regulations revoking such regulations or inserting or repealing provision previously repealed or inserted by such regulations;

• (l) regulations under paragraph 5(9) of Schedule 3;

• (m) regulations under paragraph 11 of Schedule 4 that amend or repeal a provision of an Act (as defined in that Schedule).

• (8) An urgency statement is a statement that the Lord Chancellor considers that it is desirable for the regulations to come into force without delay for the reasons given in the statement.

• (9) Where a statutory instrument contains regulations under section 11(1)(b) in respect of which the Lord Chancellor has made an urgency statement—

• (a) the regulations may not come into force before the instrument and the statement are laid before Parliament, and

• (b) the regulations cease to have effect at the end of the period of 120 days beginning with the day on which the instrument is made unless the instrument is approved by a resolution of each House of Parliament before the end of that period.

• (10) In reckoning the period of 120 days no account is to be taken of any time—

• (a) during which Parliament is dissolved or prorogued, or

• (b) during which both Houses are adjourned for more than 4 days.

• (11) Where regulations cease to have effect under subsection (9) that does not affect—

• (a) anything previously done in reliance on the regulations, or

• (b) the making of further regulations.

Interpretation

42

• (1) In this Part—

• “advocacy” means the exercise of a right of audience before a court, tribunal or other person;

• “assimilated enforceable right” means a right (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

• “civil legal services” has the meaning given in section 8;

• “civil servant” means an individual employed in the civil service of the State;

• “criminal proceedings” has the meaning given in section 14;

• “the Director” means the Director of Legal Aid Casework;

• “functions” includes powers and duties;

• “legal aid” has the meaning given in section 1;

• “legal proceedings” means proceedings before a court or tribunal;

• “legal services” has the meaning given in section 8;

• “modify”, in relation to an Act or instrument, includes amend, repeal or revoke and related terms are to be interpreted accordingly;

• “prescribed” means prescribed by regulations (except in Schedule 6) and related terms are to be interpreted accordingly;

• “regulations” means regulations made by the Lord Chancellor (except in Schedule 6);

• “remuneration” includes disbursements;

• “representation” means representation for the purposes of proceedings and includes—the advice and assistance which is usually given by a representative in the steps preliminary or incidental to proceedings, andsubject to any time limits which may be prescribed, advice and assistance as to any appeal.

• ...

• (2) In this Part references to proceedings are to be interpreted in accordance with section 20(3).

Crown application

43

This Part binds the Crown.

Part 2 — Litigation funding and costs

Payments for legal services in civil cases

Conditional fee agreements: success fees

44

• (1) In section 58 of the Courts and Legal Services Act 1990 (conditional fee agreements), in subsection (2)—

• (a) omit “and” after paragraph (a), and

• (b) after paragraph (b) insert

and (c) references to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.

• (2) After subsection (4) of that section insert—

(4A) The additional conditions are applicable to a conditional fee agreement which— (a) provides for a success fee, and (b) relates to proceedings of a description specified by order made by the Lord Chancellor for the purposes of this subsection. (4B) The additional conditions are that— (a) the agreement must provide that the success fee is subject to a maximum limit, (b) the maximum limit must be expressed as a percentage of the descriptions of damages awarded in the proceedings that are specified in the agreement, (c) that percentage must not exceed the percentage specified by order made by the Lord Chancellor in relation to the proceedings or calculated in a manner so specified, and (d) those descriptions of damages may only include descriptions of damages specified by order made by the Lord Chancellor in relation to the proceedings.

• (3) In section 58A of that Act (conditional fee agreements: supplementary), in subsection (5) after “section 58(4)” insert “ , (4A) or (4B) ”.

• (4) For subsection (6) of that section substitute—

(6) A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.

• (5) In section 120(4) of that Act (regulations and orders subject to parliamentary approval) after “58(4),” insert “ (4A) or (4B), ”.

• (6) The amendment made by subsection (4) does not prevent a costs order including provision in relation to a success fee payable by a person (“P”) under a conditional fee agreement entered into before the day on which that subsection comes into force (“the commencement day”) if—

• (a) the agreement was entered into specifically for the purposes of the provision to P of advocacy or litigation services in connection with the matter that is the subject of the proceedings in which the costs order is made, or

• (b) advocacy or litigation services were provided to P under the agreement in connection with that matter before the commencement day.

Damages-based agreements

45

• (1) Section 58AA of the Courts and Legal Services Act 1990 (damages-based agreements) is amended as follows.

• (2) In subsection (1) omit “relates to an employment matter and”.

• (3) In subsection (2)—

• (a) after “But” insert “ (subject to subsection (9)) ”, and

• (b) omit “relates to an employment matter and”.

• (4) Omit subsection (3)(b).

• (5) After subsection (4)(a) insert—

(aa) must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of a description prescribed by the Lord Chancellor;

.

• (6) In subsection (4)(b), at the beginning insert “ if regulations so provide, ”.

• (7) In subsection (4)(d) for “has provided prescribed information” substitute “ has complied with such requirements (if any) as may be prescribed as to the provision of information ”.

• (8) After subsection (6) insert—

(6A) Rules of court may make provision with respect to the assessment of costs in proceedings where a party in whose favour a costs order is made has entered into a damages-based agreement in connection with the proceedings.

• (9) After subsection (7) insert—

(7A) In this section (and in the definitions of “advocacy services” and “litigation services” as they apply for the purposes of this section) “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.

• (10) After subsection (8) insert—

(9) Where section 57 of the Solicitors Act 1974 (non-contentious business agreements between solicitor and client) applies to a damages-based agreement other than one relating to an employment matter, subsections (1) and (2) of this section do not make it unenforceable. (10) For the purposes of subsection (9) a damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal.

• (11) In the heading of that section omit “relating to employment matters”.

• (12) In section 120(4) of that Act (regulations and orders subject to parliamentary approval) for “58AA” substitute “ 58AA(4) ”.

• (13) The amendments made by subsections (1) to (11) do not apply in relation to an agreement entered into before this section comes into force.

Recovery of insurance premiums by way of costs

46

• (1) In the Courts and Legal Services Act 1990, after section 58B insert—

(58C) (1) A costs order made in favour of a party to proceedings who has taken out a costs insurance policy may not include provision requiring the payment of an amount in respect of all or part of the premium of the policy, unless such provision is permitted by regulations under subsection (2). (2) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where— (a) the order is made in favour of a party to clinical negligence proceedings of a prescribed description, (b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of clinical negligence in connection with the proceedings (or against that risk and other risks), (c) the policy is of a prescribed description, (d) the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of clinical negligence (“the relevant part of the premium”), and (e) the amount is to be paid in respect of the relevant part of the premium. (3) Regulations under subsection (2) may include provision about the amount that may be required to be paid by the costs order, including provision that the amount must not exceed a prescribed maximum amount. (4) The regulations may prescribe a maximum amount, in particular, by specifying— (a) a percentage of the relevant part of the premium; (b) an amount calculated in a prescribed manner. (5) In this section— - “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services); - “clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence; - “costs insurance policy”, in relation to a party to proceedings, means a policy insuring against the risk of the party incurring a liability in those proceedings; - “expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report; - “proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated.

• (2) In the Access to Justice Act 1999, omit section 29 (recovery of insurance premiums by way of costs).

• (3) The amendments made by this section do not apply in relation to a costs order made in favour of a party to proceedings who took out a costs insurance policy in relation to the proceedings before the day on which this section comes into force.

Recovery where body undertakes to meet costs liabilities

47

• (1) In the Access to Justice Act 1999, omit section 30 (recovery where body undertakes to meet costs liabilities).

• (2) The repeal made by subsection (1) does not apply in relation to a costs order made in favour of a person to whom a body gave an undertaking before the day on which this section comes into force if the undertaking was given specifically in respect of the costs of other parties to proceedings relating to the matter which is the subject of the proceedings in which the costs order is made.

Sections 44 and 46 and diffuse mesothelioma proceedings

48

• (1) Sections 44 and 46 may not be brought into force in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma until the Lord Chancellor has—

• (a) carried out a review of the likely effect of those sections in relation to such proceedings, and

• (b) published a report of the conclusions of the review.

• (2) In this section “diffuse mesothelioma” has the same meaning as in the Pneumoconiosis etc (Workers' Compensation) Act 1979.

Divorce etc proceedings: orders for payment in respect of legal services

49

• (1) In section 22 of the Matrimonial Causes Act 1973 (maintenance pending suit)—

• (a) number the existing provision subsection (1), and

• (b) after that subsection insert—

(2) An order under this section may not require a party to a marriage to pay to the other party any amount in respect of legal services for the purposes of the proceedings. (3) In subsection (2) “legal services” has the same meaning as in section 22ZA.

• (2) After that section insert—

(22ZA) (1) In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the marriage to pay to the other (“the applicant”) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings. (2) The court may also make such an order or orders in proceedings under this Part for financial relief in connection with proceedings for divorce, nullity of marriage or judicial separation. (3) The court must not make an order under this section unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings. (4) For the purposes of subsection (3), the court must be satisfied, in particular, that— (a) the applicant is not reasonably able to secure a loan to pay for the services, and (b) the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings. (5) An order under this section may be made for the purpose of enabling the applicant to obtain legal services of a specified description, including legal services provided in a specified period or for the purposes of a specified part of the proceedings. (6) An order under this section may— (a) provide for the payment of all or part of the amount by instalments of specified amounts, and (b) require the instalments to be secured to the satisfaction of the court. (7) An order under this section may direct that payment of all or part of the amount is to be deferred. (8) The court may at any time in the proceedings vary an order made under this section if it considers that there has been a material change of circumstances since the order was made. (9) For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings. (10) In this section “legal services”, in relation to proceedings, means the following types of services— (a) providing advice as to how the law applies in the particular circumstances, (b) providing advice and assistance in relation to the proceedings, (c) providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and (d) providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute, and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation. (11) In subsections (5) and (6) “specified” means specified in the order concerned.

Divorce etc proceedings: matters to be considered by court making legal services order

50

After section 22ZA of the Matrimonial Causes Act 1973 insert—

(22ZB) (1) When considering whether to make or vary an order under section 22ZA, the court must have regard to— (a) the income, earning capacity, property and other financial resources which each of the applicant and the paying party has or is likely to have in the foreseeable future, (b) the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future, (c) the subject matter of the proceedings, including the matters in issue in them, (d) whether the paying party is legally represented in the proceedings, (e) any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise, (f) the applicant's conduct in relation to the proceedings, (g) any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and (h) the effect of the order or variation on the paying party. (2) In subsection (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire. (3) For the purposes of subsection (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to— (a) cause undue hardship to the paying party, or (b) prevent the paying party from obtaining legal services for the purposes of the proceedings. (4) The Lord Chancellor may by order amend this section by adding to, omitting or varying the matters mentioned in subsections (1) to (3). (5) An order under subsection (4) must be made by statutory instrument. (6) A statutory instrument containing an order under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) In this section “legal services” has the same meaning as in section 22ZA.

Divorce etc proceedings: orders for sale of property

51

In section 24A(1) of the Matrimonial Causes Act 1973 (orders for sale of property), after “makes” insert “ an order under section 22ZA or makes ”.

Dissolution etc proceedings: orders for payment in respect of legal services

52

• (1) Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution etc proceedings) is amended as follows.

• (2) In the heading of that Part after “Maintenance” insert “ and other payments ”.

• (3) Before paragraph 38 insert— “ Maintenance orders ”.

• (4) In that paragraph—

• (a) number the existing provision sub-paragraph (1), and

• (b) after that sub-paragraph insert—

(2) An order under this paragraph may not require one civil partner to pay to the other any amount in respect of legal services for the purposes of the proceedings. (3) In sub-paragraph (2) “legal services” has the same meaning as in paragraph 38A.

• (5) After that paragraph insert—

(38A) (1) In proceedings for a dissolution, nullity or separation order, the court may make an order or orders requiring one civil partner to pay to the other (“the applicant”) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings. (2) The court may also make such an order or orders in proceedings under this Schedule for financial relief in connection with proceedings for a dissolution, nullity or separation order. (3) The court must not make an order under this paragraph unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings. (4) For the purposes of sub-paragraph (3), the court must be satisfied, in particular, that— (a) the applicant is not reasonably able to secure a loan to pay for the services, and (b) the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings. (5) An order under this paragraph may be made for the purpose of enabling the applicant to obtain legal services of a specified description, including legal services provided in a specified period or for the purposes of a specified part of the proceedings. (6) An order under this paragraph may— (a) provide for the payment of all or part of the amount by instalments of specified amounts, and (b) require the instalments to be secured to the satisfaction of the court. (7) An order under this paragraph may direct that payment of all or part of the amount is to be deferred. (8) The court may at any time in the proceedings vary an order made under this paragraph if it considers that there has been a material change of circumstances since the order was made. (9) For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings. (10) In this paragraph “legal services”, in relation to proceedings, means the following types of services— (a) providing advice as to how the law applies in the particular circumstances, (b) providing advice and assistance in relation to the proceedings, (c) providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and (d) providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute, and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation. (11) In sub-paragraphs (5) and (6) “specified” means specified in the order concerned.

Dissolution etc proceedings: matters to be considered by court making legal services order

53

After paragraph 38A of Schedule 5 to the Civil Partnership Act 2004 insert—

(38B) (1) When considering whether to make or vary an order under paragraph 38A, the court must have regard to— (a) the income, earning capacity, property and other financial resources which each of the applicant and the paying party has or is likely to have in the foreseeable future, (b) the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future, (c) the subject matter of the proceedings, including the matters in issue in them, (d) whether the paying party is legally represented in the proceedings, (e) any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise, (f) the applicant's conduct in relation to the proceedings, (g) any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and (h) the effect of the order or variation on the paying party. (2) In sub-paragraph (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire. (3) For the purposes of sub-paragraph (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to— (a) cause undue hardship to the paying party, or (b) prevent the paying party from obtaining legal services for the purposes of the proceedings. (4) The Lord Chancellor may by order amend this paragraph by adding to, omitting or varying the matters mentioned in sub-paragraphs (1) to (3). (5) An order under sub-paragraph (4) must be made by statutory instrument. (6) A statutory instrument containing an order under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) In this paragraph “legal services” has the same meaning as in paragraph 38A.

Dissolution etc proceedings: orders for sale of property

54

• (1) Paragraph 10(1)(a) of Schedule 5 to the Civil Partnership Act 2004 (sale of property orders) is amended as follows.

• (2) Omit the “or” at the end of sub-paragraph (i).

• (3) After sub-paragraph (ii) insert—

(iii) an order under paragraph 38A for a payment in respect of legal services, or

.

Offers to settle

Payment of additional amount to successful claimant

55

• (1) Rules of court may make provision for a court to order a defendant in civil proceedings to pay an additional amount to a claimant in those proceedings where—

• (a) the claim is a claim for (and only for) an amount of money,

• (b) judgment is given in favour of the claimant,

• (c) the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and

• (d) any prescribed conditions are satisfied.

• (2) Rules made under subsection (1) may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle.

• (3) In subsection (1) “additional amount” means an amount not exceeding a prescribed percentage of the amount awarded to the claimant by the court (excluding any amount awarded in respect of the claimant's costs).

• (4) The Lord Chancellor may by order provide that rules of court may make provision for a court to order a defendant in civil proceedings to pay an amount calculated in a prescribed manner to a claimant in those proceedings where—

• (a) the claim is or includes a non-monetary claim,

• (b) judgment is given in favour of the claimant,

• (c) the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and

• (d) any prescribed conditions are satisfied.

• (5) An order under subsection (4) must provide for the amount to be calculated by reference to one or more of the following—

• (a) any costs ordered by the court to be paid to the claimant by the defendant in the proceedings;

• (b) any amount awarded to the claimant by the court in respect of so much of the claim as is for an amount of money (excluding any amount awarded in respect of the claimant's costs);

• (c) the value of any non-monetary benefit awarded to the claimant.

• (6) An order under subsection (4)—

• (a) must provide that rules made under the order may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle, and

• (b) may provide that such rules may make provision as to the calculation of the value of a non-monetary benefit awarded to a claimant.

• (7) Conditions prescribed under subsection (1)(d) or (4)(d) may, in particular, include conditions relating to—

• (a) the nature of the claim;

• (b) the amount of money awarded to the claimant;

• (c) the value of the non-monetary benefit awarded to the claimant.

• (8) Orders under this section are to be made by the Lord Chancellor by statutory instrument.

• (9) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) Rules of court and orders made under this section may make different provision in relation to different cases.

• (11) In this section—

• “civil proceedings” means proceedings to which rules of court made under the Civil Procedure Act 1997 apply;

• “non-monetary claim” means a claim for a benefit other than an amount of money;

• “prescribed” means prescribed by order made by the Lord Chancellor.

Referral fees

Rules against referral fees

56

• (1) A regulated person is in breach of this section if—

• (a) the regulated person refers prescribed legal business to another person and is paid or has been paid for the referral, or

• (b) prescribed legal business is referred to the regulated person, and the regulated person pays or has paid for the referral.

• (2) A regulated person is also in breach of this section if in providing legal services in the course of prescribed legal business the regulated person—

• (a) arranges for another person to provide services to the client, and

• (b) is paid or has been paid for making the arrangement.

• (3) Section 59 defines “regulated person”.

• (4) “Prescribed legal business” means business that involves the provision of legal services to a client, where—

• (a) the legal services relate to a claim or potential claim for damages for personal injury or death,

• (b) the legal services relate to any other claim or potential claim for damages arising out of circumstances involving personal injury or death, or

• (c) the business is of a description specified in regulations made by the Lord Chancellor.

• (5) There is a referral of prescribed legal business if—

• (a) a person provides information to another,

• (b) it is information that a provider of legal services would need to make an offer to the client to provide relevant services, and

• (c) the person providing the information is not the client;

and “relevant services” means any of the legal services that the business involves.

• (6) “Legal services” means services provided by a person which consist of or include legal activities (within the meaning of the Legal Services Act 2007) carried on by or on behalf of that person; and a provider of legal services is a person authorised to carry on a reserved legal activity within the meaning of that Act.

• (7) “Client”—

• (a) where subsection (4)(a) applies, means the person who makes or would make the claim;

• (b) where subsection (4)(c) applies, has the meaning given by the regulations.

• (8) Payment includes any form of consideration whether any benefit is received by the regulated person or by a third party (but does not include the provision of hospitality that is reasonable in the circumstances).

Effect of rules against referral fees

57

• (1) The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restrictions imposed on regulated persons by section 56.

• (2) A regulator may make rules for the purposes of subsection (1).

• (3) The rules may in particular provide for the relevant regulator to exercise in relation to anything done in breach of that section any powers (subject to subsections (5) and (6)) that the regulator would have in relation to anything done by the regulated person in breach of another restriction.

• (4) Where the relevant regulator is the Financial Conduct Authority, section 58 applies instead of subsections (1) to (3) (and (7) to (9)).

• (5) A breach of section 56—

• (a) does not make a person guilty of an offence, and

• (b) does not give rise to a right of action for breach of statutory duty.

• (6) A breach of section 56 does not make anything void or unenforceable, but a contract to make or pay for a referral or arrangement in breach of that section is unenforceable.

• (7) Subsection (8) applies in a case where—

• (a) a referral of prescribed legal business has been made by or to a regulated person, or

• (b) a regulated person has made an arrangement as mentioned in section 56(2)(a),

and it appears to the regulator that a payment made to or by the regulated person may be a payment for the referral or for making the arrangement (a “referral fee”).

• (8) Rules under subsection (2) may provide for the payment to be treated as a referral fee unless the regulated person shows that the payment was made—

• (a) as consideration for the provision of services, or

• (b) for another reason,

and not as a referral fee.

• (9) For the purposes of provision made by virtue of subsection (8) a payment that would otherwise be regarded as consideration for the provision of services of any description may be treated as a referral fee if it exceeds the amount specified in relation to services of that description in regulations made by the Lord Chancellor.

Regulation by FSA

58

• (1) The Treasury may make regulations to enable the Financial Conduct Authority, where it is the relevant regulator, to take action for monitoring and enforcing compliance with the restrictions imposed on regulated persons by section 56.

• (2) The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 with or without modification.

• (3) Those provisions include in particular—

• (a) provisions as to investigations, including powers of entry and search and criminal offences;

• (b) provisions for the grant of an injunction in relation to a contravention or anticipated contravention;

• (c) provisions giving Ministers or the Financial Conduct Authority powers to make subordinate legislation;

• (d) provisions for the Financial Conduct Authority to charge fees.

• (4) The regulations may make provision corresponding to the provision that may be made by virtue of section 57(7) to (9) (but as if the reference to the Lord Chancellor were a reference to the Treasury).

• (5) The power to make regulations under this section is subject to section 57(5) and (6).

Regulators and regulated persons

59

• (1) In relation to a referral of business within section 56(4)(a)—

• (a) a regulator is any person listed in column 1 below;

• (b) a regulated person is any person listed in column 2;

• (c) a regulator in column 1 is the relevant regulator in relation to the corresponding person in column 2.

1. Regulator	2. Regulated person
the Financial Conduct Authority	an authorised person (within the meaning of the Financial Services and Markets Act 2000) of a description specified in regulations made by the Treasury
. . .	. . .
the General Council of the Bar	a person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
the Law Society	a person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
a regulatory body specified for the purposes of this subsection in regulations made by the Lord Chancellor	a person of a description specified in the regulations in relation to the body

• (2) In relation to a referral of prescribed legal business of any other kind—

• (a) a regulator is any person listed in column 1 below and specified in relation to business of that kind in regulations made by the Lord Chancellor;

• (b) a regulated person is any person specified in accordance with column 2 in relation to business of that kind;

• (c) a person specified under paragraph (a) in relation to business of that kind is the relevant regulator in relation to a person specified in accordance with the corresponding entry in column 2 in relation to business of that kind.

1. Regulator	2. Regulated person
the Financial Conduct Authority	an authorised person (within the meaning of the Financial Services and Markets Act 2000) of a description specified in regulations made by the Treasury
. . .	. . .
an approved regulator for the purposes of Part 3 of the Legal Services Act 2007 (approved legal activities);	a person who is authorised by the regulator to carry on a reserved legal activity and is of a description specified in regulations made by the Lord Chancellor
a licensing authority for the purposes of Part 5 of that Act (alternative business structures)	a person who is licensed by the authority to carry on a reserved legal activity and is of a description specified in regulations made by the Lord Chancellor

Referral fees: regulations

60

• (1) This section applies to any regulations under sections 56 to 59.

• (2) The regulations are to be made by statutory instrument.

• (3) The power to make the regulations includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (4) A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Pro bono representation

Payments in respect of pro bono representation before the Supreme Court

61

• (1) In section 194 of the Legal Services Act 2007 (power for certain courts to order losing party to make payment to charity where other party is represented pro bono) in subsection (10) for the definition of “civil court” substitute—

“civil court” means— (a) the Supreme Court when it is dealing with a relevant civil appeal, (b) the civil division of the Court of Appeal, (c) the High Court, or (d) any county court; “relevant civil appeal” means an appeal to the Supreme Court— (a) from the High Court in England and Wales under Part 2 of the Administration of Justice Act 1969, (b) from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005, or (c) under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court;

.

• (2) This section applies in relation to appeals to the Supreme Court only where the decision, order or judgment that is the subject of the appeal is made or given on or after the day on which this section comes into force.

Costs in criminal cases

Costs in criminal cases

62

• (1) Schedule 7 (costs in criminal cases) has effect.

• (2) Schedule 8 (costs in criminal cases: service courts) has effect.

Part 3 — Sentencing and Punishment of Offenders

CHAPTER 1 — Sentencing

General

Duty to consider compensation order

63

• (1) In section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders against convicted persons), after subsection (2) insert—

(2A) A court must consider making a compensation order in any case where this section empowers it to do so.

• (2) In section 175 of the Armed Forces Act 2006 (service compensation orders), after subsection (7) insert—

(7A) The court must consider making a service compensation order in any case where it has power to do so.

Duty to give reasons for and to explain effect of sentence

64

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In the Armed Forces Act 2006—

• (a) in section 252 (duty to give reasons and explain sentence), omit subsection (2);

• (b) in section 253 (duties in complying with section 252), omit subsections (1)(a), (c) and (d) and (2)(b) and (d) to (h).

• (5) In consequence of the amendments made by this section omit—

• (a) paragraph 9(6) of Schedule 1 to the Violent Crime Reduction Act 2006;

• (b) paragraph 80 of Schedule 4 to the Criminal Justice and Immigration Act 2008;

• (c) paragraph 24 of Schedule 25 to that Act;

• (d) paragraph 84 of Schedule 21 to the Coroners and Justice Act 2009.

Sentencing where there is aggravation related to transgender identity

65

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Section 241 of the Armed Forces Act 2006 (increase in sentence for aggravation related to disability or sexual orientation) is amended as follows.

• (11) In the heading, for “or sexual orientation” substitute “ , sexual orientation or transgender identity ”.

• (12) In subsection (2)(a)—

• (a) after sub-paragraph (i) omit “or”;

• (b) at the end insert—

(iii) the victim being (or being presumed to be) transgender, or

.

• (13) In subsection (2)(b)—

• (a) after sub-paragraph (i) omit “or”;

• (b) at the end insert

, or (iii) by hostility towards persons who are transgender.

• (14) After subsection (5) insert—

(6) In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.

Community orders

Duration of community order

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breach of community order

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence orders

Changes to powers to make suspended sentence order

68

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Schedule 9 (changes to powers to make suspended sentence orders: consequential and transitory provision) has effect.

• (7) The amendments and modifications made by this section and that Schedule apply in relation to offences committed before or after the coming into force of any provision of this section or that Schedule.

Fine for breach of suspended sentence order

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements under community orders and suspended sentence orders

Programme requirement

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Curfew requirement

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Foreign travel prohibition requirement

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental health treatment requirement

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug rehabilitation requirement

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alcohol treatment requirement

75

• (1) In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement) omit subsection (4) (requirement for alcohol treatment requirement to have effect for at least six months).

• (2) In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (d).

Alcohol abstinence and monitoring requirement

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Piloting of alcohol abstinence and monitoring requirements

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overseas community orders and service community orders

Overseas community orders and service community orders

78

• (1) Section 182 of the Armed Forces Act 2006 (general provisions about overseas community orders) is amended as follows.

• (2) In subsection (1)(a) (requirements that may be imposed by overseas community orders), after “Act)” insert “ (but see subsection (1A) below) ”.

• (3) After subsection (1) insert—

(1A) The order may not include a requirement mentioned in section 177(1)(ga) (a foreign travel prohibition requirement) or (ja) (an alcohol abstinence and monitoring requirement).

• (4) In subsection (4) (application of section 177(5) and (6) of the Criminal Justice Act 2003 to overseas community orders), after “(5)” insert “ , (5A), (5B) ”.

• (5) In section 322 of that Act (financial penalty enforcement orders), in the definition of “financial penalty” in subsection (4), after “including” insert “ a fine imposed by the Court Martial or the Service Civilian Court under paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5 (breach etc of overseas community order) or ”.

• (6) In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of service community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal Justice Act 2003 that do not apply to such orders), after “18(4),” insert “ 19A(5), ”.

• (7) Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas community orders) is amended as follows.

• (8) In paragraph 10(2)(b) (provisions of Schedule 8 to the Criminal Justice Act 2003 that do not apply to such orders), after “19,” insert “ 19A(5), ”.

• (9) After paragraph 14 insert—

(14A) (1) The following provisions apply where the Court Martial or the Service Civilian Court imposes a fine under paragraph 10(1)(aa) of that Schedule as applied by this Part of this Schedule. (2) Section 251 of this Act (power to order payment of fine by instalments) applies in relation to the fine as it applies in relation to a fine imposed by a court for a service offence. (3) Where the offender is aged under 18 when the fine is imposed and has a service parent or service guardian (within the meaning of section 268 of this Act), subsections (2) to (4) of that section (payment of fine by service parent or service guardian) apply in relation to the fine as they apply in relation to a fine imposed in the circumstances mentioned in subsection (1) of that section. (4) In the application of subsection (2) of section 268 by virtue of sub-paragraph (3) of this paragraph, the reference in that subsection to the time of conviction is to be read as a reference to the time the fine is imposed. (5) Section 269(2) of this Act (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3) of this paragraph.

• (10) In Schedule 6 to that Act (overseas community orders imposed on young offenders), in paragraph 5 (modification of drug rehabilitation requirement in relation to such offenders), omit sub-paragraph (4) (which disapplies section 209(3) of the Criminal Justice Act 2003).

Youth sentences

Referral orders for young offenders

79

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In consequence of the amendment made by subsection (2)(c) omit paragraph 12(3), (4) and (5) of Schedule 17 to the Coroners and Justice Act 2009.

• (4) The amendments made by this section do not apply in relation to any sentence passed in relation to an offence committed before the coming into force of this section.

Breach of detention and training order

80

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In section 213 of the Armed Forces Act 2006 (application of provisions relating to civilian detention and training orders to orders under section 211 of that Act)—

• (a) in subsection (2), after “(13)” insert “ , 104B(1) ”, and

• (b) after subsection (3) insert—

(4) Subsection (5) applies where an order under section 104(3) (further period of detention or supervision) of the Sentencing Act is made against an offender for breach of supervision requirements— (a) during a period of supervision under an order under section 211 of this Act, (b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or (c) during one of a series of further periods of supervision— (i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and (ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a). (5) In the application of sections 104A and 104B of the Sentencing Act in relation to the offender, references to section 105 of that Act include section 214 of this Act. (6) In subsection (4)— - “further period of supervision” means a period of supervision imposed under section 104(3)(aa) of the Sentencing Act; - “supervision requirements” means requirements under section 103(6)(b) of that Act. (7) In section 104B of the Sentencing Act, references to a custodial sentence within the meaning of that Act include a custodial sentence within the meaning of this Act.

• (10) The amendments made by this section apply in relation to a failure to comply with requirements under section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 that occurs after this section comes into force.

• (11) Where a failure is found to have occurred over two or more days, it is to be taken for the purposes of subsection (10) to have occurred on the first of those days.

Youth rehabilitation order: curfew requirement

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order: mental health treatment requirement

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order: duration

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order: fine for breach

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fines

Removal of limit on certain fines on conviction by magistrates’ court

85

• (1) Where, on the commencement day, a relevant offence would, apart from this subsection, be punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day by a fine of any amount.

• (2) Where, on the commencement day, a relevant power could, apart from this subsection, be exercised to create an offence punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the power may be exercised on or after that day to create an offence punishable on summary conviction by a fine of any amount.

• (3) For the purposes of this section—

• (a) an offence is relevant if, immediately before the commencement day, it is a common law offence or it is contained in an Act or an instrument made under an Act (whether or not the offence is in force at that time), and

• (b) a power is relevant if, immediately before the commencement day, it is contained in an Act or an instrument made under an Act (whether or not the power is in force at that time).

• (4) Nothing in subsection (1) affects—

• (a) fines for offences committed before the commencement day,

• (b) the operation of restrictions on fines that may be imposed on a person aged under 18, or

• (c) fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,

and provision made in exercise of a relevant power in reliance on subsection (2) does not affect such fines or the operation of such restrictions.

• (5) The Secretary of State may by regulations make provision disapplying subsection (1) or (2).

• (6) The Secretary of State may by regulations make provision—

• (a) for an offence in relation to which subsection (1) is disapplied to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations, and

• (b) for a power in relation to which subsection (2) is disapplied to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.

• (7) Subsection (8) applies in relation to—

• (a) a relevant offence that, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine expressed as a proportion of an amount of £5,000 or more (however that amount is expressed), and

• (b) a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by such a fine or maximum fine.

• (8) The Secretary of State may by regulations make provision—

• (a) for the offence to be punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described in the regulations, and

• (b) for the power to be exercisable to create an offence punishable on summary conviction by such a fine or maximum fine.

• (9) Regulations under this section may not include provision affecting—

• (a) fines for offences committed before the regulations come into force,

• (b) the operation of restrictions on fines that may be imposed on a person aged under 18, or

• (c) fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,

and provision made in exercise of a relevant power in reliance on regulations under this section may not include such provision.

• (10) Regulations under this section—

• (a) may make different provision for different cases or circumstances,

• (b) may make provision generally or only for specified cases or circumstances, and

• (c) may make consequential, incidental, supplementary, transitional, transitory or saving provision.

• (11) Regulations under this section, and regulations under section 149 making provision in relation to this section, may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).

• (12) Regulations under this section are to be made by statutory instrument.

• (13) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (14) If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.

• (15) Powers under this section—

• (a) may be exercised from time to time, and

• (b) are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.

• (16) For the purposes of this section, an offence is relevant whether it is a summary offence or an offence triable either way.

• (17) In this section—

• “Act” includes an Act or Measure of the National Assembly for Wales;

• “the commencement day” means the day on which subsection (1) of this section comes into force;

and references to an offence, power or provision contained in an Act or instrument include an offence, power or provision applied by, or extending to England and Wales by virtue of, an Act or instrument.

Power to increase certain other fines on conviction by magistrates’ court

86

• (1) Subsection (2) applies in relation to a relevant offence which, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000.

• (2) The Secretary of State may by regulations make provision for the offence to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.

• (3) Subsection (4) applies in relation to a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000 but not to create an offence so punishable by a fine or maximum fine of a fixed amount of £5,000 or more.

• (4) The Secretary of State may by regulations make provision for the power to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.

• (5) Regulations under this section may not specify or describe an amount exceeding whichever is the greater of—

• (a) £5,000, or

• (b) the sum specified for the time being as level 4 on the standard scale.

• (6) Regulations under this section may not include provision affecting—

• (a) fines for offences committed before the regulations come into force,

• (b) the operation of restrictions on fines that may be imposed on a person aged under 18, or

• (c) fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,

and provision made in exercise of a relevant power in reliance on regulations under subsection (4) may not include such provision.

• (7) Regulations under this section—

• (a) may make different provision for different cases or circumstances,

• (b) may make provision generally or only for specified cases or circumstances, and

• (c) may make consequential, incidental, supplementary, transitional, transitory or saving provision.

• (8) Regulations under this section may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).

• (9) Regulations under this section are to be made by statutory instrument.

• (10) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (11) If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.

• (12) Powers under this section—

• (a) may be exercised from time to time, and

• (b) are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.

• (13) In this section “Act”, “the commencement day”, “relevant offence” and “relevant power”, and references to a provision contained in an Act or instrument, have the same meaning as in section 85.

Power to amend standard scale of fines for summary offences

87

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 143 of the Magistrates' Courts Act 1980 (power to alter sums including standard scale of fines for summary offences), in subsection (3)(b), after “subsection (1) above” insert “ or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

• (4) In section 37 of the Criminal Justice Act 1982 (standard scale of fines for summary offences), in subsection (3), at the end insert “ or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of warrants of control issued by fines officer

88

• (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

• (2) In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a further steps notice) for “or 37(9)” substitute “ , 37(9) or 37A(4) ”.

• (3) In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “ wishes to be able ”.

• (4) After paragraph 37 insert—

(37A) (1) This paragraph applies if— (a) the fines officer has delivered to P a notice (“the current notice”) that is— (i) a further steps notice that has not been replaced by a notice under this paragraph, or (ii) a notice under this paragraph that has not been replaced by a further notice under this paragraph, (b) P remains liable to pay any part of the sum due, and (c) the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice. (2) The fines officer may deliver to P a notice replacing the current notice. (3) A notice under this paragraph (a “replacement notice”) must— (a) state that the fines officer intends to take one or more of the steps listed in paragraph 38, (b) specify the steps that the fines officer wishes to be able to take, and (c) be in writing and dated. (4) P may, within 10 working days from the date of a replacement notice, appeal to the magistrates' court against it. (5) If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.

• (5) In paragraph 38(1) (list of steps referred to)—

• (a) after “37(6)(b)” insert “ , 37A(3)(a) ”, and

• (b) in paragraph (a) (steps include issuing warrants that authorise taking control, and sale, of goods) for “levying” substitute “ recovering ”.

• (6) In paragraph 39 (powers of court on referrals and appeals)—

• (a) in sub-paragraph (1)(c)—

• (i) after “37(9)” insert “ or 37A(4) ”, and

• (ii) after “further steps notice” insert “ or replacement notice ”, and

• (b) in sub-paragraph (4) after “further steps notice” insert “ or replacement notice ”.

• (7) In paragraph 40 (implementation of notice)—

• (a) after “further steps notice”, in both places, insert “ or replacement notice ”, and

• (b) after “may be taken” insert “ and retaken ”.

• (8) After paragraph 40 insert—

(40A) (1) This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due. (2) The fines officer may withdraw the warrant if— (a) P remains liable to pay any part of the sum due, and (b) the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact. (40B) (1) This paragraph applies if— (a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and (b) the fines officer subsequently refers P's case to the magistrates' court under paragraph 42. (2) The magistrates' court may discharge the warrant if— (a) P remains liable to pay any part of the sum due, and (b) the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc) would have been exercisable by the court if the court had issued the warrant. (40C) (1) This paragraph applies if condition A or B is met. (2) Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A. (3) Condition B is that— (a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, (b) the fines officer has referred P's case to the magistrates' court under paragraph 42, (c) the magistrates' court has discharged the warrant of control under paragraph 40B(2), and (d) the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2). (4) If P remains liable to pay any part of the sum due, the fines officer must— (a) take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or (b) deliver to P a replacement notice and take one or more of the steps specified in that notice, or (c) refer P's case to, or back to, the magistrates' court under paragraph 42.

Repeal of uncommenced provisions

Custody plus orders and intermittent custody orders

89

• (1) In the Criminal Justice Act 2003, omit the following provisions (custody plus and intermittent custody)—

• (a) sections 181 to 188;

• (b) Schedules 10 and 11.

• (2) Schedule 10 (amendments consequential on subsection (1)) has effect.

CHAPTER 2 — Bail

Amendment of bail enactments

90

Schedule 11 (amendment of enactments relating to bail) has effect.

CHAPTER 3 — Remands of children otherwise than on bail

Remands

Remands of children otherwise than on bail

91

• (1) This section applies where—

• (a) a court deals with a child charged with or convicted of one or more offences by remanding the child, and

• (b) the child is not released on bail.

• (2) This section also applies where—

• (a) a court remands a child in connection with extradition proceedings, and

• (b) the child is not released on bail.

• (3) Subject to subsection (4), the court must remand the child to local authority accommodation in accordance with section 92.

• (4) The court may instead remand the child to youth detention accommodation in accordance with section 102 where—

• (a) in the case of a child remanded under subsection (1), the first or second set of conditions for such a remand (see sections 98 and 99) is met in relation to the child, or

• (b) in the case of a child remanded under subsection (2), the first or second set of conditions for such a remand in an extradition case (see sections 100 and 101) is met in relation to the child.

• (4A) Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.

• (5) This section is subject to section 128(7) of the Magistrates' Courts Act 1980 (remands to police detention for periods of not more than 3 days); but that provision has effect in relation to a child as if for the reference to 3 clear days there were substituted a reference to 24 hours.

• (6) In this Chapter, “child” means a person under the age of 18.