15183.29-35

House of Lords

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Lords Amendments to the Deregulation Bill

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(2)
The management and control condition is satisfied in the case of a

partnership if at least one of the partners is a licensed conveyancer

or a licensed CLC practitioner.

(3)
The management and control condition is satisfied in the case of an

unincorporated body (other than a partnership), or a body

corporate which is managed by its members, if at least one of those

members is a licensed conveyancer or a licensed CLC practitioner.

(4)
The management and control condition is satisfied in the case of

any other body corporate if at least one director of the body is a

licensed conveyancer or a licensed CLC practitioner.

(5)
The services condition is satisfied in respect of a body if—

(a)
the body is carrying on a business consisting of the

provision of—

(i)
CLC practitioner services; or

(ii)
CLC practitioner services and other relevant legal

services; and

(b)
the body does not provide conveyancing services.

(6)
The authorised person condition is satisfied if the licensed

conveyancer or licensed CLC practitioner by reference to whom the

management and control condition is satisfied, or one of the

persons by reference to whom that condition is satisfied, is an

authorised person in relation to any reserved legal activity involved

in the CLC practitioner services that are provided by the body.

(7)
For the purposes of this section—

(a)
a reference to CLC practitioner services is a reference to

services involving the carrying on of such of the following

as are reserved legal activities in relation to which the

Council is designated as an approved regulator—

(i)
the exercise of a right of audience;

(ii)
the conduct of litigation;

(iii)
probate activities;

(iv)
the administration of oaths;

(b)
a reference to designation as an approved regulator is a

reference to designation as an approved regulator—

(i)
by Part 1 of Schedule 4 to the Legal Services Act

2007, or

(ii)
under Part 2 of Schedule 4 to that Act;

(c)
a person has an interest in a body if the person has an

interest in the body within the meaning of Part 5 of the Legal

Services Act 2007 (see sections 72 and 109 of that Act).

(8)
In this section—

“administration of oaths” has the same meaning as in the Legal

Services Act 2007 (see section 12 of, and Schedule 2 to, that

Act);

“authorised person” means an authorised person in relation to

an activity which is a reserved legal activity (within the

meaning of the Legal Services Act 2007);

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“conduct of litigation” has the same meaning as in the Legal

Services Act 2007 (see section 12 of, and Schedule 2 to, that

Act);

“probate activities” has the same meaning as in the Legal

Services Act 2007 (see section 12 of, and Schedule 2 to, that

Act);

“relevant legal services”, in relation to a body, means—

(a)
CLC practitioner services, and

(b)
where authorised persons are managers or

employees of, or have an interest in, the body,

services such as are provided by individuals

practising as such authorised persons (whether or

not those services involve the carrying on of

reserved legal activities), except for conveyancing

services;

“reserved legal activity” has the same meaning as in the Legal

Services Act 2007 (see section 12 of, and Schedule 2 to, that

Act);

“right of audience” has the same meaning as in the Legal

Services Act 2007 (see section 12 of, and Schedule 2 to, that

Act).””

Insert the following new Clause—

“Licensed CLC practitioners

(1)
Section 53 of the Courts and Legal Services Act 1990 (the Council for

Licensed Conveyancers: authorisation of individuals to carry on reserved

legal activities) is amended as follows.

(2)
In subsection (2), omit “only if the person is a licensed conveyancer”.

(3)
In subsection (3)—

(a)
for “a licensed conveyancer” substitute “a person”;

(b)
for “the licensed conveyancer” substitute “the person in respect of

that activity”.

(4)
In subsection (4), for “Any such” substitute “If the person granted a licence

under this section is a licensed conveyancer, the”.

(5)
After subsection (4) insert—

“(4A)
If the person granted a licence under this section is not a licensed

conveyancer, the licence may be granted as a separate licence or as

part of a composite licence comprising that and any other licence

under this section which the Council may grant to the person.

(4B)
A licence under this section granted to a person who is not a

licensed conveyancer ceases to have effect if the person becomes a

licensed conveyancer.”

(6)
In subsection (9)—

(a)
in the opening words, after “respect to” insert “persons who apply

for, or hold, an advocacy, litigation or probate licence and”;

(b)
in paragraph (c), for “licensed conveyancer” substitute “person”;

(c)
after paragraph (d) insert—

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“(da)
any case of an individual who describes himself or

herself, or holds himself or herself out, as a licensed

CLC practitioner without holding a licence in force

under this section;”;

(d)
in the words following paragraph (f), after “respect to” insert

“persons who apply for, or hold, a licence under Part 2 of the Act of

1985 and”.

(7)
After subsection (9) insert—

“(9A)
The modifications mentioned in subsection (9) may differ

depending on whether the person applying for, or holding, an

advocacy, litigation or probate licence is or is not a licensed

conveyancer.

(9B)
Subsection (9) does not apply to section 34 of the Act of 1985

(modification of existing enactments relating to conveyancing etc).”

(8)
After subsection (10) insert—

“(11)
In this section—

“advocacy licence” means a licence issued under this section

by which the Council authorises the person concerned to

exercise a right of audience;

“CLC practitioner services” has the same meaning as in section

32B of the Act of 1985;

“licensed CLC practitioner” means a person, other than a

licensed conveyancer, who holds a licence under this

section;

“litigation licence” means a licence issued under this section by

which the Council authorises the person concerned to carry

on activities which constitute the conduct of litigation;

“the practice of a licensed CLC practitioner” means the

provision by a person, as the holder of a licence under this

section, of CLC practitioner services in accordance with the

licence; and

“probate licence” means a licence issued under this section by

which the Council authorises the person concerned to carry

on activities that constitute probate activities.”

(9)
In the italic heading preceding section 53, after “conveyancers” insert “and

licensed CLC practitioners”.”

Insert the following new Clause—

“CLC practitioner services: consequential amendments

Schedule (CLC practitioner services: consequential amendments) contains

consequential amendments relating to sections (CLC practitioner services

bodies) and (Licensed CLC practitioners).”

Insert the following new Clause—

“The Council for Licensed Conveyancers: other amendments

Schedule (The Council for Licensed Conveyancers: other amendments) contains

other amendments relating to the Council for Licensed Conveyancers.”

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Clause 71
Page 53, line 12, at end insert—
“( )
section 30A(6)(f);”
After Clause 73
Insert the following new Clause—
“NHS foundation trusts and NHS trusts: acquisitions and dissolutions etc
(1)
The National Health Service Act 2006 is amended as follows.
(2)
In section 56A (acquisitions), after subsection (4) insert—
“(4A)
Where the regulator proposes to grant the application, it may by
order make provision for the transfer of employees of B to A on the
grant of the application.”
(3)
After section 56A (acquisitions) insert—
“56AA
  Acquisitions under section 56A: supplementary
(1)
On the grant of an application under section 56A—
(a)
any order made by the regulator under section 56A(4A)
takes effect,
(b)
the property and liabilities of the acquired NHS foundation
trust or NHS trust are transferred to the acquiring NHS
foundation trust (other than rights and liabilities which may
be dealt with by order under section 56A(4A)),
(c)
the acquired NHS foundation trust or NHS trust is
dissolved, and
(d)
where the acquired trust is an NHS trust, the NHS trust
order establishing it is revoked.
(2)
So far as may be necessary for the purposes of subsection (1)(b)—
(a)
anything done before the grant of the application by or in
relation to the acquired trust is to be treated (on and after the
grant) as having been done by or in relation to the acquiring
trust;
(b)
any reference in a document to the acquired trust is to be
read as a reference to the acquiring trust.
(3)
Anything (including legal proceedings) that, immediately before
the grant of the application, is in the process of being done by or in
relation to the acquired trust may continue to be done afterwards
by or in relation to the acquiring trust.
(4)
In subsection (1)—
(a)
“liabilities” includes criminal liabilities;
(b)
“property” includes trust property.”
(4)
In section 57 (sections 56 to 56B: supplementary), after subsection (3)
insert—
“(3A)
The order may include provision for the transfer of employees of
the trust or trusts dissolved by the order.”

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(5)
In section 64 (orders and regulations under this Chapter)—

(a)
in subsection (4), before paragraph (c) insert—

“(ba)
section 56A(4A),”;

(b)
in subsection (4A), after “section” insert “56A(4A),”.

(6)
In section 65LA (trusts to be dissolved), in subsection (3)(b), for the words

following “trust” to the end substitute “—

(i)
to an NHS body;

(ii)
to the Secretary of State;

(iii)
between more than one NHS body or between one

or more NHS bodies and the Secretary of State.”

(7)
In that section, in subsection (5), for “to an NHS foundation trust”

substitute “to an NHS body”.

(8)
In paragraph 31 of Schedule 4 (NHS trusts established under section 25), as

it has effect until its repeal by section 179(2) of the Health and Social Care

Act 2012, at the beginning insert “Subject to section 56AA,”.”
After Clause 74
Insert the following new Clause—
“Information contained in entries of births and deaths
(1)
The Births and Deaths Registration Act 1953 is amended as follows.
(2)
After section 34 (entry in register as evidence of birth or death) insert—
“34A
Searches and records of information: additional provision
(1)
The Minister may make regulations for the purpose of enabling the
Registrar General—
(a)
to carry out, on request, a search to find out whether the
Registrar General’s certified copies contain a particular
entry;
(b)
to provide, on request, a record of information contained in
an entry in the Registrar General’s certified copies,
otherwise than in the form of a certified copy.
(2)
The regulations may authorise or require the Registrar General to
charge a fee of an amount specified in the regulations for carrying
out a search or providing a record.
(3)
The regulations may make provision—
(a)
as to how a request for a search or a record may be made;
(b)
as to the forms in which a record may be provided.
(4)
The provision that may be made in the regulations includes
provision for a record to be provided in a form that does not include
all of the information contained in an entry.
(5)
This section does not affect the entitlement under this Act of any
person to a certified copy of an entry in the Registrar General’s
certified copies.
(6)
In this section, “the Registrar General’s certified copies” means the
certified copies of entries in registers sent to the Registrar General

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under this Act or under any enactment repealed by this Act and

kept in the General Register Office.

(7)
Section 30(4) applies for the purposes of this section as it applies for

the purposes of section 30.”

(3)
In section 39 (regulations), in paragraph (a), for “and 10C” substitute “, 10C

and 34A”.

(4)
In section 39A (regulations made by the Minister: further provisions), in

subsection (5), for “and 10C” substitute “, 10C and 34A”.”

Insert the following new Clause—

“Information contained in entries of marriages and civil partnerships

(1)
After section 65 of the Marriage Act 1949 (searches of indexes kept by

Registrar General) insert—

“65A
Searches and records of information: additional provision

(1)
The Secretary of State may make regulations for the purpose of

enabling the Registrar General—

(a)
to carry out, on request, a search to find out whether the

Registrar General’s certified copies contain a particular

entry;

(b)
to provide, on request, a record of information contained in

an entry in the Registrar General’s certified copies,

otherwise than in the form of a certified copy.

(2)
The regulations may authorise or require the Registrar General to

charge a fee of an amount specified in the regulations for carrying

out a search or providing a record.

(3)
The regulations may make provision—

(a)
as to how a request for a search or a record may be made;

(b)
as to the forms in which a record may be provided.

(4)
The provision that may be made in the regulations includes

provision for a record to be provided in a form that does not include

all of the information contained in an entry.

(5)
Before making regulations under this section, the Secretary of State

must consult the Registrar General.

(6)
Regulations under this section are to be made by statutory

instrument.

(7)
A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House

of Parliament.

(8)
This section does not affect the entitlement of any person to a

certified copy of an entry in the Registrar General’s certified copies.

(9)
In this section, “the Registrar General’s certified copies” means the

certified copies of entries in marriage register books sent to the

Registrar General under this Part of this Act and kept in the General

Register Office.”

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(2)
In section 36 of the Civil Partnership Act 2004 (regulations and orders), in

subsection (2), after paragraph (f) insert—

“(g)
for the carrying out by the Registrar General, on request, of

searches of entries in the register and the provision, on

request, of information contained in the entries (otherwise

than in the form of certified copies).”

(3)
In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of

civil partnership into marriage), in subsection (5), after paragraph (b)

insert—

“(ba)
the carrying out, on request, of searches of any information

recorded and the provision, on request, of records of any

information recorded (otherwise than in the form of

certified copies);”.”
Clause 87
Page 60, line 24, after “amends” insert “or modifies”
Page 60, line 29, after “amend” insert “or modify”
Clause 89
Page 61, line 9, leave out “Paragraph 35 of Schedule 20 extends” and insert
“Paragraphs 4, 28B(b) and (c), 28C(2), 28C(3) so far as relating to paragraphs 9 and
68 of Schedule 13 to the Merchant Shipping Act 1995, 28C(4) and (5) and 35 of
Schedule 20 extend”
Page 61, line 11, after “paragraphs” insert “5,”
Page 61, line 13, after “(10),” insert “(Preventing retaliatory eviction), (Further
exemptions to section (Preventing retaliatory eviction)), (Application of sections
(Preventing retaliatory eviction) to (Repayment of rent where tenancy ends before end of a
period)),”
Page 61, line 13, after “(2)” insert “and (Motor racing: consequential amendments)(6)
to (9)”
Page 61, line 14, at end insert—
“( )
Section (Motor racing: consequential amendments)(10) to (13) extends only to
Scotland.”
Clause 90
Page 61, line 21, leave out subsection (1) and insert—
“(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
section (Tenancy deposits: provision of information by agents);
(b)
section (Tenancy deposits: non-compliance with requirements);
(c)
section 31;
(d)
section 32;
(e)
sections (Designation of urban development areas: procedure) and
(Establishment of urban development corporations: procedure);
(f)
section 67;
(g)
sections 84, 85(1), (2) and (4) to (8) and 86;