Legal Services Bill [HL]

moved Amendment No. 619: 619: Clause 185, page 100, line 29, leave out subsection (11) and insert— ““( ) The court may not make an order under subsection (3) in respect of representation if (or to the extent that) it is provided before this section comes into force.”” The noble and learned Lord said: My Lords, the amendment will allow the court to consider making a pro bono costs order in proceedings commenced before the clause comes into force but in relation to costs incurred after the clause comes into force. If passed, the amendment will give the court the discretion to make a costs order in a successful pro bono case, even though the case had started before the clause came into force. That might mean that in long running cases—perhaps those on their way to the Court of Appeal or even to the Judicial Committee of this House, or those that have reached only their early stages at the commencement of this legislation—the court could still make an order for pro bono costs if it considered it appropriate. That will have the benefit of expanding the proceedings in which this new power can be used. I underline that the court could not make an order in relation to costs incurred, or to work carried out, before the clause comes into force. That would be retrospective, and is not what the Government seek to do. I add that this will mean that ongoing cases are in the same position as those that have started after the clause comes into effect, so far as work done after the commencement of the legislation is concerned. It will, I hope, have the benefit of producing additional funds for the prescribed charity, which in turn may use those funds to assist the further provision of free advice. For those reasons, I beg to move. On Question, amendment agreed to. Schedule 20 [Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007]: