Commentary on Sections Section 1: Grant of rights of representation
17.Section 1 amends Schedule 3 to, and section 25 of, the Access to Justice Act 1999. That Schedule makes provision as to which bodies grant rights to representation, and the criteria on which such rights are granted.
18.Subsection (2) qualifies the general provision, in paragraph 2(1) of Schedule 3, conferring power on courts to grant rights to representation, with reference to new sub-paragraph (1A).
19.Subsection (3) inserts new sub-paragraph (1A) into paragraph 2 of Schedule 3. This provides that courts shall not be able to exercise the power where the LSC has the power to grant a right to representation, unless regulations provide otherwise, or in any other circumstances that may be prescribed.
20.Subsection (5) inserts new sub-paragraph (5A) into paragraph 2 of Schedule 3, which provides that courts do not have the power to withdraw the right to representation where the LSC has that same power. Subsection (4) makes the necessary consequential amendment to paragraph 2(5) of Schedule 3.
21.Subsection (6) inserts new paragraph 2A into Schedule 3. This provides that regulations may provide for the LSC to grant the right to representation in criminal proceedings, other than those prescribed under section 12(2)(g) of the 1999 Act (in relation to which the LSC already grant rights to representation) and similarly that the LSC will also have the power to withdraw any right to representation where it has already been granted. This new paragraph allows for regulations to make any consequential amendments or repeal any enactment that the Lord Chancellor considers appropriate.
22.Subsection (7) substitutes paragraph 3(2) and (3) of Schedule 3 (which relates to the grant of rights by the LSC) with new paragraph 3A so that the form of the grant may be prescribed in regulations. Paragraph 3A also provides that the regulations may include any transitional provisions that the Lord Chancellor considers appropriate.
23.Subsection (8) provides that regulations under paragraph 2A will be subject to the affirmative resolution procedure.