Access to Justice Act 1999

14 Representation

(1) Schedule 3 (which makes provision about the grant of a right to representation in criminal proceedings) has effect; and the Commission shall fund representation to which an individual has been granted a right in accordance with that Schedule.

(2) Subject to the following provisions, the Commission may comply with the duty imposed by subsection (1) by—

(a) entering into contracts with persons or bodies for the provision of representation by them,

(b) making payments to persons or bodies in respect of the provision of representation by them,

(c) making grants or loans to persons or bodies to enable them to provide, or facilitate the provision of, representation,

(d) establishing and maintaining bodies to provide, or facilitate the provision of, representation,

(e) making grants to individuals to enable them to obtain representation,

(f) employing persons to provide representation, or

(g) doing anything else which it considers appropriate for funding representation.

(3) The Lord Chancellor—

(a) shall by order make provision about the payments which may be made by the Commission in respect of any representation provided by non-contracted private practitioners, and

(b) may by order make any other provision requiring the Commission to discharge the function in subsection (2) in accordance with the order.

(4) For the purposes of subsection (3)(a) representation is provided by a non-contracted private practitioner if it is provided, otherwise than pursuant to a contract entered into by the Commission, by a person or body which is neither—

(a) a person or body in receipt of grants or loans made by the Commission as part of the Criminal Defence Service, nor

(b) the Commission itself or a body established or maintained by the Commission.

(5) The provision which the Lord Chancellor is required to make by order under subsection (3)(a) includes provision for reviews of, or appeals against, determinations required for the purposes of the order.

(6) The Commission may fund representation by different means—

(a) in different areas in England and Wales, and

(b) in relation to different descriptions of cases.