Coroners and Justice Act 2009

Community Legal Service

149 Community Legal Service: pilot schemes

(1) The Access to Justice Act 1999 (c. 22) is amended as follows.

(2) In section 6 (services which may be funded), after subsection (8) insert—

“(8A) The circumstances specified in a direction or authorisation under subsection (8) may be circumstances described by reference to—

(a) one or more areas or localities;

(b) one or more descriptions of court or tribunal.

(8B) A direction or authorisation under subsection (8) may provide that it requires or authorises the Commission to fund the provision of services only for—

(a) one or more specified classes of person;

(b) persons selected—

(i) by reference to specified criteria; or

(ii) on a sampling basis.”

(3) After section 8 insert—

“8A Funding code: pilot provisions

(1) The code may contain provisions (“pilot provisions”) which are to have effect for a specified period not exceeding 3 years.

(2) Pilot provisions may be expressed so as to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified descriptions of court or tribunal;

(c) one or more specified descriptions of service that may be provided as part of the Community Legal Service;

(d) one or more specified classes of person;

(e) persons selected—

(i) by reference to specified criteria; or

(ii) on a sampling basis.

(3) Pilot provisions may disapply any other provision of the code in relation to any of the matters mentioned in paragraphs (a) to (e) of subsection (2).

(4) The period for the time being specified in relation to pilot provisions may be revised—

(a) if the period is one of less than 3 years, so that it becomes a longer period not exceeding 3 years;

(b) so that it becomes a period which exceeds 3 years by such amount as the Commission thinks necessary for the purpose of securing that the pilot provisions remain in operation until the coming into force of a revised code that contains similar provisions that will have effect—

(i) generally, or

(ii) for purposes wider than those for which the pilot provisions have effect.

(5) If the code contains pilot provisions, the code may also contain consequential or transitional provision with respect to the cessation of the pilot provisions on the expiry of the specified period (or that period as revised under subsection (4)).”

(4) In section 9(5) (procedure relating to funding code) after “code”, in the second place it occurs, insert “or changes made in pursuance of section 8A”.

(5) After section 11 insert—

“11A Pilot schemes

(1) This section applies to the following instruments—

(a) any order under section 6(4) or 8(9),

(b) any regulations under section 6(7), 7, 10 or 11, and

(c) any regulations under section 22(5) having effect in relation to the Community Legal Service.

(2) Any instrument to which this section applies may be made so as to have effect for a specified period not exceeding 3 years.

(3) In the following provisions of this section—

(a) “pilot scheme” means any instrument which, in accordance with subsection (2), is made so as to have effect for a limited period;

(b) “connected instrument”, in relation to a pilot scheme, means an instrument made under the same provision as the pilot scheme.

(4) A pilot scheme may provide that its provisions, or the provisions of a connected instrument, are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified descriptions of court or tribunal;

(c) one or more specified descriptions of service that may be provided as part of the Community Legal Service;

(d) one or more specified classes of person;

(e) persons selected—

(i) by reference to specified criteria; or

(ii) on a sampling basis.

(5) The period for the time being specified in a pilot scheme may be varied—

(a) if the period is one of less than 3 years, so that it becomes a longer period not exceeding 3 years;

(b) so that it becomes a period which exceeds 3 years by such amount as the Lord Chancellor thinks necessary for the purpose of securing that the pilot scheme remains in operation until the coming into force of a connected instrument that will have effect—

(i) generally, or

(ii) for purposes wider than those for which the pilot scheme has effect.

(6) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period (or that period as varied under subsection (5)).”

(6) In section 25 (orders and regulations), after subsection (9A) insert—

“(9AA) No instrument (other than an order under section 6(4)) may be made in pursuance of section 11A unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.”

150 Excluded services: help in connection with business matters

(1) Schedule 2 to the Access to Justice Act 1999 (c. 22) (services excluded from the Community Legal Service) is amended as follows.

(2) In paragraph 1, omit paragraph (h) (matters arising out of the carrying on of a business) (but not the “or” following it).

(3) After paragraph 1 insert—

“1A Services consisting of the provision of help to an individual in relation to matters arising out of or in connection with—

(a) a proposal by that individual to establish a business;

(b) the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided);

(c) the termination or transfer of a business that was being carried on by that individual.”