Deregulation Bill

marshalled
list of Amendments
to be moved
on third reading

[Amendments marked * are new or have been altered]

Clause 1

LORD WALLACE OF SALTAIRE

1

Page 1, line 10, at end insert—

“( )     After subsection (2) insert—

“(2A)    A description of undertaking included in regulations under
subsection (2) may be framed by reference to—

(a)   the type of activities carried out by the undertaking, where
those activities are carried out or any other feature of the
undertaking;


8

(b)   whether persons who may be affected by the conduct of the
undertaking, other than the self-employed person (or his
employees), may thereby be exposed to risks to their health
11or safety.””

LORD MCKENZIE OF LUTON

[Amendment 2 is an amendment to Amendment 1]

2*


Leave out lines 8 to 11 and insert—

“(b)   must be framed so as to include all those whose work
activities may pose any risk to the health and safety of any
person other than the self-employed persons conducting
them.”

LORD MCKENZIE OF LUTON

3

Page 2, line 4, after “unless” insert—

“(a)   an independent review is undertaken for assurance that the
regulations are fit for purpose and that the regulations—

(i)   contain clarity and precision about to whom they
apply,

(ii)   are only applicable to self-employed persons where
their work activities pose no potential risk of harm to
others,

(iii)   do not increase burdens and bureaucracy on
business,

(iv)   represent a demonstrable improvement on the
existing legislative requirements,

(v)   contribute to enhancing health and safety awareness
and the positive benefits of good health and safety
practice,

(b)   the results of the independent review are laid before both
Houses of Parliament, and

(c)   ”

After Clause 43

LORD WALLACE OF SALTAIRE

4

Insert the following new Clause—

“Short-term use of London accommodation: relaxation of restrictions

(1)     The Greater London Council (General Powers) Act 1973 is amended as
follows.

(2)     In section 25 (provision of temporary sleeping accommodation to
constitute material change of use), after subsection (1) insert—


7

“(1A)    Subsection (1) is subject to section 25A.”

(3)     After section 25 insert—

“25A          Exception to section 25

(1)     Despite section 25(1), the use as temporary sleeping
accommodation of any residential premises in Greater London
12does not involve a material change of use if two conditions are met.

(2)     The first is that the sum of—

(a)   the number of nights of use as temporary sleeping
accommodation, and

(b)   the number of nights (if any) of each previous use of the
premises as temporary sleeping accommodation in the
same calendar year,


19

does not exceed ninety.

(3)     The second is that, in respect of each night which falls to be counted
under subsection (2)(a)—

(a)   the person who provided the sleeping accommodation for
the night was liable to pay council tax under Part 1 of the
Local Government Finance Act 1992 in respect of the
premises, or

(b)   where more than one person provided the sleeping
accommodation for the night, at least one of those persons
was liable to pay council tax under Part 1 of that Act in
29respect of the premises.

(4)     For the purposes of subsection (2)(b), it does not matter whether
31any previous use was by the same person.”

(4)     After section 25A (inserted by subsection (3) above) insert—

“25B          Further provision about section 25A

(1)     The local planning authority or the Secretary of State may direct
that section 25A is not to apply—

(a)   to particular residential premises specified in the direction;

(b)   to residential premises situated in a particular area specified
in the direction.

(2)     A direction under subsection (1) may be given only if the local
planning authority or (as the case may be) the Secretary of State
41considers that it is necessary to protect the amenity of the locality.


42

(3)     The local planning authority may give a direction under subsection
43(1) only with the consent of the Secretary of State.

(4)     A direction under subsection (1) may be revoked by the person who
gave it, whether or not an application is made for the revocation.


46

(5)     The Secretary of State may—

(a)   delegate the functions of the Secretary of State under
subsection (1) or (4) to the local planning authority;

(b)   direct that a local planning authority may give directions
under this section without the consent of the Secretary of
State.

(6)     The Secretary of State may revoke a delegation under subsection
53(5)(a) or a direction under subsection (5)(b).

(7)     The Secretary of State may by regulations made by statutory
instrument make provision—

(a)   as to the procedure which must be followed in connection
with the giving of a direction under subsection (1) or in
connection with the revocation of such a direction under
subsection (4);


60

(b)   as to the information which must be provided where the
local planning authority seeks the consent of the Secretary
62of State to the giving of a direction under subsection (1).


63

(8)     A statutory instrument containing regulations under subsection (7)
is subject to annulment in pursuance of a resolution of either House
of Parliament.

(9)     In this section, “local planning authority” has the same meaning as
in the Town and Country Planning Act 1990 (see section 336(1) of
that Act).””

LORD MCKENZIE OF LUTON

BARONESS GARDNER OF PARKES

LORD TOPE

BARONESS HANHAM

[Amendments 5 to 16 are amendments to Amendment 4]

5*


Line 7, leave out “section 25A” and insert “sections 25A and 25B”

6*


Line 12, leave out “two” and insert “three”

7*


Line 19, leave out “ninety” and insert “a number, not exceeding 60, to be specified
by the Secretary of State in regulations made by statutory instrument”

8*


Line 29, at end insert—

    The third is that the premises are the principal residence in London
of the owner.”

9*


Line 31, at end insert—

    Any person providing temporary sleeping accommodation under
this section must, in advance of each such provision, notify the local
planning authority in a form to be set out by the Secretary of State
in regulations made by statutory instrument.”

10*


Line 31, at end insert—

    A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House
of Parliament.”

11*


Line 41, after “necessary” insert “or desirable”

12*


Leave out lines 42 and 43

13*


Leave out lines 46 to 53

14*


Leave out lines 60 to 62

15*


Line 62, at end insert—

“(7A)    The Secretary of State may by regulations made by statutory
instrument provide that section 25A is not to apply to any premises
which have been subject to a specified number of successful
enforcement actions against a statutory nuisance.”

16*


Line 63, leave out “subsection (7)” and insert “subsections (7) or (7A)”

Clause 44

LORD WALLACE OF SALTAIRE

17

Page 37, line 2, leave out from “instrument” to end of line 6 and insert “provide that
section 25(1) of the Greater London Council (General Powers) Act 1973 does not
apply if conditions specified by the regulations are met.”

18

Page 37, line 7, leave out subsection (2) and insert—

“( )     Regulations under subsection (1) must include provision corresponding to
section 25B of that Act.”

19

Page 37, line 21, leave out subsection (6)

Clause 47

BARONESS HANHAM

LORD TOPE

LORD MCKENZIE OF LUTON

20*

Page 47, line 1, leave out subsection (6)

Clause 83

LORD WALLACE OF SALTAIRE

21

Page 71, line 1, at end insert—

“( )     In section 43 (remand centres and young offender institutions), as it has
effect on and after the day on which section 38 of the Criminal Justice and
Courts Act 2015 comes into force, in the Table in subsection (4)—

(a)   in the entry for “Young offender institutions”, in the second
column, for “Sections 28 and 37(2)” substitute “Section 28”;

(b)   in the entry for “Secure training centres or secure colleges”, in the
second column, for “, 28 and 37(2)” substitute “and 28”.”

22

Page 71, line 2, at beginning insert “Until section 38 of the Criminal Justice and
Courts Act 2015 comes into force,”

After Clause 84

LORD WALLACE OF SALTAIRE

BARONESS HAYTER OF KENTISH TOWN

23

Insert the following new Clause—

“CLC practitioner services bodies

(1)     Section 32 of the Administration of Justice Act 1985 (provision of
conveyancing services by recognised bodies) is amended as follows.

(2)     In the heading, after “conveyancing” insert “or other”.

(3)     In subsection (1)—

(a)   in paragraph (a), after “bodies” insert “or CLC practitioner services
bodies”;

(b)   in paragraph (b), for “such bodies” substitute “conveyancing
services bodies”;

(c)   in paragraph (b), for the words from “undertake” to the end
substitute “undertake—

(i)   the provision of conveyancing services,

(ii)   the exercise of a right of audience,

(iii)   the conduct of litigation,

(iv)   probate activities,

(v)   the administration of oaths, or

(vi)   the provision of relevant legal services not
covered by sub-paragraphs (i) to (v);”;

(d)   after paragraph (b) insert—

“(bza)   prescribing the circumstances in which CLC
practitioner services bodies may be recognised by
the Council as being suitable bodies to undertake—

(i)   the exercise of a right of audience,

(ii)   the conduct of litigation,

(iii)   probate activities,

(iv)   the administration of oaths, or

(v)   the provision of relevant legal services not
covered by sub-paragraphs (i) to (iv);”;

(e)   in paragraph (ba), for the words from “bodies” to the end substitute
“bodies to carry on—

(i)   the exercise of a right of audience,

(ii)   the conduct of litigation,

(iii)   reserved instrument activities, where the
recognised body is a conveyancing services
body,

(iv)   probate activities, or

(v)   the administration of oaths;”;

(f)   in paragraph (c), after “requirements” insert “, including
requirements about the carrying on of activities which are not
reserved legal activities,”.

(4)     In subsection (3)(e), after “those bodies” insert “(including information
about disciplinary measures taken)”.

(5)     In subsection (3C), after paragraph (a) insert—

“(aa)   conditions restricting the kinds of CLC practitioner services
that may be provided by the body;”.

(6)     For subsection (8) substitute—

“(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);

“CLC practitioner services” has the meaning given by section
32B;

“CLC practitioner services body” has the meaning given by
section 32B;

“conduct of litigation” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“conveyancing services body” has the meaning given by
section 32A;

“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”—

(a)   in relation to a conveyancing services body, has the
meaning given by section 32A; and

(b)   in relation to a CLC practitioner services body, has
the meaning given by section 32B;

“reserved instrument activities” 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).”

(7)     After subsection (8) insert—

“(8A)    Nothing in this section affects section 13 of the Legal Services Act
2007 (entitlement to carry on a reserved legal activity).”

(8)     After section 32A (definition of “conveyancing services body”) insert—

“32B          CLC practitioner services bodies

(1)     For the purposes of section 32 a “CLC practitioner services body”
means a body (corporate or unincorporate) in respect of which—

(a)   the management and control condition,

(b)   the services condition, and

(c)   the authorised person condition,

are satisfied.

(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);

“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).””

24

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—

“(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
”.”

25

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).”

26

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.”

Clause 88

LORD WALLACE OF SALTAIRE

27

Page 73, line 27, at end insert—

  section 30A(6)(f);”

Clause 103

LORD HUNT OF KINGS HEATH

28

Page 81, line 41, at end insert—

“( )     This section does not apply to the following—

(a)   Professional Standards Authority,

(b)   Human Fertilisation and Embryology Authority, and

(c)   any persons exercising a regulatory function with respect to health
and care service that the Secretary of State specifies by order.

( )     An order under this section must be made by statutory instrument.

( )     A statutory instrument containing an order under this section may not be
made unless a draft has been laid before, and approved by a resolution of,
each House of Parliament.”

Clause 109

LORD WALLACE OF SALTAIRE

29

Page 84, line 28, leave out “Paragraph 39 of Schedule 21 extends” and insert
“Paragraphs 4, 31(b) and (c), 32(2), 32(4) so far as relating to paragraphs 9 and 68
of Schedule 13 to the Merchant Shipping Act 1995, 32(5) and (6) and 39 of Schedule 21 extend”

30

Page 84, line 30, after “paragraphs” insert “5,”

Clause 110

LORD WALLACE OF SALTAIRE

31

Page 85, line 3, leave out paragraph (c)

32

Page 85, line 45, at end insert—

“(5A)    The following provisions come into force on such day as the Lord
Chancellor may by order made by statutory instrument appoint—

(a)   sections (CLC practitioner services bodies) and (Licensed CLC
practitioners
);

(b)   section (CLC practitioner services: consequential amendments) and
Schedule (CLC practitioner services: consequential amendments);

(c)   section (The Council for Licensed Conveyancers: other amendments) and
Schedule (The Council for Licensed Conveyancers: other amendments).”

33

Page 86, line 1, after “(5)” insert “and (5A)”

34

Page 86, line 12, at end insert—

“(8A)    The Lord Chancellor may by order made by statutory instrument make
such transitional, transitory or saving provision as the Lord Chancellor
considers appropriate in connection with the coming into force of sections
(CLC practitioner services bodies) to (The Council for Licensed Conveyancers:
other amendments
) and Schedules (CLC practitioner services: consequential
amendments
) and (The Council for Licensed Conveyancers: other amendments).”

35

Page 86, line 13, after “(8)” insert “and (8A)”

Schedule 12

BARONESS HANHAM

LORD TOPE

LORD MCKENZIE OF LUTON

36*

Leave out Schedule 12

Schedule 13

LORD WALLACE OF SALTAIRE

37

Page 183, line 41, leave out “subsections (2) and (3)” and insert “subsection (2)”

38

Page 183, line 41, at end insert—

  in subsection (2B), omit paragraph (a);

  in subsection (3), omit “(ba),”;”

39

Page 185, line 39, leave out sub-paragraph (29) and insert—

“(29)    If paragraph 4 comes into force before the coming into force of the repeal
of the Audit Commission Act 1998 by section 1(2) of the Local Audit and
Accountability Act 2014, Schedule 2 to the Act of 1998 is to have effect
(until the repeal comes into force) as if in paragraph 1, paragraph (ma)
were omitted.

40

Page 186, line 14, at end insert—

“( )     In the Energy Act 2013, in Part 3 of Schedule 9, in the definition of “local
authority” in paragraph 14(3), omit paragraph (b).

“( )     In the Local Audit and Accountability Act 2014, in Schedule 2, omit
paragraph 25.”

After Schedule 18

LORD WALLACE OF SALTAIRE

41

Insert the following new Schedule—

“CLC PRACTITIONER SERVICES: CONSEQUENTIAL AMENDMENTS

Administration of Justice Act 1985 (c. 61)

1      The Administration of Justice Act 1985 is amended as follows.

2   (1)     In section 16 (conditional licences), subsection (1) is amended as follows.

(2)     For paragraph (b) substitute—

“(b)   when conditions under this section have been imposed
on a licence under this Part previously issued to him;

(ba)   when conditions under paragraph 5 of Schedule 8 to the
Courts and Legal Services Act 1990 have been imposed
on a licence under section 53 of that Act previously issued
to him;”.

(3)     In paragraph (c), after “Part” insert “or a licence in force under section 53
of the Courts and Legal Services Act 1990”.

(4)     In paragraph (ca), after “24A” insert “(including that section as applied
by section 53 of the Courts and Legal Services Act 1990)”.

(5)     In paragraph (d), after “26” insert “(including that section as applied by
section 53 of the Courts and Legal Services Act 1990)”.

(6)     In paragraph (ea), after “22” insert “(including that section as applied by
section 53 of the Courts and Legal Services Act 1990)”.

3   (1)     Section 26 (proceedings in disciplinary cases) is amended as follows.

(2)     In subsection (2)—

(a)   in paragraph (a), after “licence” insert “under this Part”;

(b)   in paragraph (b), for “a licence under this Part” substitute “any
relevant licence”;

(c)   in paragraph (c), after “licence” insert “under this Part”.

(3)     After subsection (8) insert—

“(9)     In this section “relevant licence” means—

(a)   a licence under this Part, or

(b)   a licence under section 53 of the Courts and Legal
Services Act 1990.”

4   (1)     Section 28 (revocation of licence on grounds of fraud or error) is
amended as follows.

(2)     In subsection (1)—

(a)   after “a licence” insert “under this Part”;

(b)   for “the licence” substitute “all of the relevant licences held by
that person”.

(3)     For subsection (2) substitute—

“(2)     Where a person has had any relevant licence which was held by
him revoked because of fraud on that person’s part, the person
may not be issued with a licence under this Part except on the
advice of the Committee given to the Council as the result of an
application made by the person to the Committee.”

(4)     In subsection (3), for “a licence under this Part” substitute “any relevant
licence”.

(5)     After subsection (6) insert—

“(7)     In this section “relevant licence” has the meaning given by
section 26.”

5   (1)     Section 33A (administration of oaths by licensed conveyancers) is
amended as follows.

(2)     In the heading, after “conveyancers” insert “or licensed CLC
practitioners”.

(3)     In the section, after “conveyancers” insert “or licensed CLC
practitioners”.

6   (1)     Section 34 (modification of existing enactments relating to conveyancing
etc) is amended as follows.

(2)     In subsection (2), after “a recognised body” insert “which is a
conveyancing services body”.

(3)     In subsection (2), after “conveyancer or” (in the second place it occurs)
insert “such a”.

(4)     In subsection (3), after “body” insert “which is a conveyancing services
body”.

(5)     After subsection (3) insert—

“(4)     In this section “conveyancing services body” has the meaning
given by section 32A.”

7      In section 39 (interpretation of Part 2), in subsection (1), at the
appropriate place insert—

““licensed CLC practitioner” means a person, other than a
licensed conveyancer, who holds a licence under section
53 of the Courts and Legal Services Act 1990;”.

8      In Schedule 3 (the Council for Licensed Conveyancers: supplementary
provisions), in paragraph 2 (constitution of the Council), in sub-
paragraph (1)(a)—

(a)   omit the “or” at the end of sub-paragraph (i);

(b)   after sub-paragraph (i) insert—

“(ia)   licensed CLC practitioners; or”.

9   (1)     Schedule 6 (bodies recognised under section 32: supplementary
provisions) is amended as follows.

(2)     In paragraph 3 (preliminary investigation by the Investigating
Committee etc)—

(a)   omit the “or” at the end of sub-paragraph (1)(a)(ii);

(b)   after sub-paragraph (1)(aa) insert—

“(aaa)   it is alleged that a manager or employee of a
recognised body who is not a licensed CLC
practitioner has failed to comply with any rules
applicable to him by virtue of section 32; or”.

(3)     In paragraph 3A (orders made by the Investigating Committee), in sub-
paragraph (1)(b)—

(a)   after “3(1)(aa)” insert “or (aaa)”;

(b)   for “that paragraph” substitute “paragraph 3(1)(aa) or (aaa) (as
the case may be)”.

(4)     In paragraph 4 (orders made by the Discipline and Appeals Committee),
in sub-paragraph (2A)—

(a)   after “3(1)(aa)” insert “or (aaa)”;

(b)   for “sub-paragraph (ii) of that paragraph” substitute “paragraph
3(1)(aa) or (aaa) (as the case may be)”.

(5)     In paragraph 14 (examination of files), in sub-paragraph (1), after “(aa)”
insert “, (aaa)”.

Courts and Legal Services Act 1990 (c. 41)

10     The Courts and Legal Services Act 1990 is amended as follows.

11     In section 75 (judges etc barred from legal practice), in paragraph (c), for
“or licensed conveyancer” substitute “, licensed conveyancer or licensed
CLC practitioner”.

12     In section 119 (interpretation), in subsection (1), at the appropriate place
insert—

““licensed CLC practitioner” has the meaning given in
section 53;”.

13  (1)     Schedule 8 (licensed conveyancers) is amended as follows.

(2)     In the heading, after “conveyancers” insert “and licensed CLC
practitioners
”.

(3)     In paragraph 1 (general)—

(a)   for the definition of “advocacy licence” substitute—

““advocacy licence”, “litigation licence” and
“probate licence” have the meaning given by
section 53;”;

(b)   omit the definitions of—

(i)   “litigation licence”, and

(ii)   “probate licence”.

(4)     In paragraph 4 (issue of licences), in sub-paragraph (3), for the words
from “with respect” to “as they” substitute “with respect to—

  as they”.

(a)   any application under paragraph 3 for an advocacy
licence and any advocacy licence in force under section
53;

(b)   any application under paragraph 3 for a litigation
licence and any litigation licence in force under section
53; and

(c)   any application under paragraph 3 for a probate
licence and any probate licence in force under section
53 (as the case may be),

as they”.

(5)     In paragraph 5 (conditional licences)—

(a)   for sub-paragraph (1)(b) substitute—

“(b)   when conditions under this paragraph have
been imposed on an advocacy, litigation or
probate licence previously issued to him;

(ba)   when conditions under section 16 of the Act of
1985 have been imposed on a licence under Part
2 of the Act of 1985 previously issued to him;”;

(b)   in sub-paragraph (1)(c), for “a licence of that kind” substitute “an
advocacy, litigation or probate licence or a licence under Part 2 of
the Act of 1985”;

(c)   in sub-paragraph (1)(d)—

(i)   after “1985” insert “(including section 24A(1) as applied
by section 53)”;

(ii)   after “that Act” insert “(including section 26(1) as applied
by section 53)”;

(d)   in sub-paragraph (6), omit the “or” after paragraph (a);

(e)   in sub-paragraph (6)(b), at the beginning insert “in the case of an
applicant who is a licensed conveyancer,”;

(f)   after sub-paragraph (6)(b) insert “; or

(c)   for requiring the applicant to take any specified
steps that will, in the opinion of the Council, be
conducive to his carrying on an efficient
practice as a licensed CLC practitioner,”;

(g)   in sub-paragraph (6), after “paragraph (b)” insert “or (c)”.

(6)     After paragraph 6 insert—

“Register of licensed CLC practitioners

6A  (1)     The Council must establish and maintain, in such form as the
Council may determine, a register containing the names and
places of business of all persons who for the time being hold
an advocacy, litigation or probate licence and are not licensed
conveyancers.

(2)     The Council may make rules specifying the further
information, including information about disciplinary
measures taken, to be recorded in the register in relation to a
person.

(3)     The Council must cause the appropriate entries and deletions
to be made in the register on the issue and termination of
advocacy, litigation and probate licences; and where any
licence held by a person is for the time being suspended by
virtue of any provision of Part 2 of the Act of 1985 as applied
by this Act the Council must cause that fact to be noted in the
register against that person’s name.

(4)     Any change in a licensed CLC practitioner’s place or places of
business must be notified by that person to the Council within
the period of fourteen days beginning with the date on which
the change takes effect.

(5)     The Council must provide facilities for making the
information contained in the entries in the register available
for inspection in visible and legible form by any person during
office hours and without payment.

(6)     A certificate signed by an officer of the Council appointed for
the purpose and stating—

(a)   that any person does or does not, or did or did not at
any time, hold an advocacy, litigation or probate
licence, or

(b)   that any licence held by any person is or was at any
time either free of conditions or subject to any
particular conditions,

is, unless the contrary is proved, evidence of the facts stated in
the certificate; and a certificate purporting to be so signed is to
be taken to have been so signed unless the contrary is proved.”

(7)     For paragraph 8 and the cross-heading preceding it substitute—

“Effect of suspension or revocation

8      Where a relevant licence ceases to be in force because of—

(a)   a direction under section 24(5) of the Act of 1985, or

(b)   an order under section 26(2)(a) or (c) of the Act of 1985,

any other relevant licence in force with respect to that person
at the time shall cease to have effect to the same extent as the
licence in question.”

(8)     Omit paragraph 9 (removal of disqualification from holding an
advocacy, litigation or probate licence).

(9)     Omit paragraph 10 (revocation on grounds of error or fraud).

(10)     In paragraph 21 (power to examine files)—

(a)   in sub-paragraph (1)(a), after “conveyancer” insert “or licensed
CLC practitioner”;

(b)   in sub-paragraph (1), for “the licensed conveyancer” (in both
places where it occurs) substitute “the person complained of”.

(11)     In paragraph 22 (interest on clients’ money), after “conveyancer” insert
“or licensed CLC practitioner”.

Legal Services Act 2007 (c. 29)

14     The Legal Services Act 2007 is amended as follows.

15  (1)     Section 104 (prevention of regulatory conflict: accounts rules) is
amended as follows.

(2)     In subsection (2), after “conveyancer” insert “or licensed CLC
practitioner”.

(3)     After subsection (2) insert—

“(3)     In this section “licensed CLC practitioner” means a person, other
than a licensed conveyancer, who holds a licence under section
53 of the Courts and Legal Services Act 1990.”

16  (1)     In Schedule 5 (authorised persons), paragraph 11 (rights during
transitional period: licensed conveyancers) is amended as follows.

(2)     After sub-paragraph (1) insert—

“(1A)   During the transitional period every individual, not being a
licensed conveyancer, who holds a licence under section 53 of
the Courts and Legal Services Act 1990 is deemed to be
authorised by the Council to administer oaths.”

(3)     In sub-paragraph (2), after “(1)” insert “or (1A)”.

(4)     In sub-paragraph (3), in the opening words—

(a)   after “and every” insert “conveyancing services”;

(b)   after “provide conveyancing” insert “or other”.

(5)     After sub-paragraph (3) insert—

“(3A)   During that period, every CLC practitioner services body
recognised under section 32 of the Administration of Justice
Act 1985 is deemed to be authorised by the Council to
administer oaths.”

(6)     In sub-paragraph (4), after “(3)” insert “or (3A)”.

(7)     For sub-paragraph (5) substitute—

“(5)   In this paragraph—

“CLC practitioner services body” has the meaning given
by section 32B of the Administration of Justice Act
1985;

“conveyancing partnership” means a partnership at least
some of the members of which are licensed
conveyancers, but does not include a CLC practitioner
services body;

“conveyancing services body” has the meaning given by
section 32A of the Administration of Justice 1985.”

(8)     In sub-paragraph (6), after “licence” insert “or a licence under section 53
of the Courts and Legal Services Act 1990”.

17     In Schedule 24 (index of defined expressions), at the appropriate places
insert—

 
“CLC practitioner services body

paragraph 11 of Schedule 5”;
 
“conveyancing services body

paragraph 11 of Schedule 5”;
 
“licensed CLC practitioner

section 104(3)”.”
42

Insert the following new Schedule—

“THE COUNCIL FOR LICENSED CONVEYANCERS: OTHER AMENDMENTS

1      The Administration of Justice Act 1985 is amended as follows.

2   (1)     Section 15 (issue of licences by the Council for Licensed Conveyancers)
is amended as follows.

(2)     In subsection (3)(b), for the words from “the period” to “the Council”
substitute “the period prescribed under subsection (3A)”.

(3)     After subsection (3) insert—

“(3A)    The Council must by rules prescribe the period that applies for
the purposes of subsection (3)(b).”

3   (1)     Section 18 (suspension or termination of licences) is amended as follows.

(2)     After subsection (2C) insert—

“(2CA)   Where the power conferred by paragraph 6(1) or 9(1) of Schedule
5 is exercised in relation to a recognised body by virtue of
paragraph 10(1)(a) of Schedule 6, the exercise of that power shall
operate immediately to suspend any licence under this Part held
by a person who is a manager of the recognised body.

(2CB)    Where the power conferred by paragraph 6(1) or 9(1) of Schedule
5 is exercised in relation to a recognised body by virtue of
paragraph 10(1)(d) of Schedule 6, the exercise of that power shall
operate immediately to suspend any licence under this Part held
by a person who is—

(a)   a manager of the recognised body, or

(b)   an employee of the recognised body.

(2CC)    Where the power conferred by paragraph 3(1) or 8(1) of Schedule
14 to the Legal Services Act 2007 is exercised in relation to a
licensed body by virtue of paragraph 1(2)(d) of that Schedule, the
exercise of that power shall operate immediately to suspend any
licence under this Part held by a person who is—

(a)   a manager of the licensed body, or

(b)   an employee of the licensed body.

(2CD)    At the time when the power referred to in subsection (2CA),
(2CB) or (2CC) is exercised, the Council may direct that
subsection (2CA), (2CB) or (2CC) (as the case may be) is not to
apply in relation to a particular licensed conveyancer.

(2CE)    The Council may give a direction under subsection (2CD) in
relation to a licensed conveyancer only if—

(a)   the Council is satisfied that the licensed conveyancer did
not fail to comply with the rules applicable to the
recognised body by virtue of section 32, or contribute to
the body’s failure to comply with such rules, in a case
where the Council acts by virtue of paragraph 10(1)(a) of
Schedule 6,

(b)   the Council does not suspect the licensed conveyancer of
dishonesty, in a case where the Council acts by virtue
of—

(i)   paragraph 10(1)(d) of Schedule 6, or

(ii)   paragraph 1(2)(d) of Schedule 14 to the Legal
Services Act 2007,

(c)   the Council is satisfied that the licensed conveyancer was
not a manager of the recognised body when the conduct
providing the basis for the exercise of the power in
paragraph 6(1) or 9(1) of Schedule 5 took place, in a case
where the Council acts by virtue of paragraph 10(1)(a) of
Schedule 6,

(d)   the Council is satisfied that the licensed conveyancer was
not a manager or employee of the recognised body when
the conduct providing the basis for the exercise of the
power in paragraph 6(1) or 9(1) of Schedule 5 is suspected
of having taken place, in a case where the Council acts by
virtue of paragraph 10(1)(d) of Schedule 6, and

(e)   the Council is satisfied that the licensed conveyancer was
not a manager or employee of the licensed body when the
conduct providing the basis for the exercise of the power
in paragraph 3(1) or 8(1) of Schedule 14 to the Legal
Services Act 2007 is suspected of having taken place, in a
case where the Council acts by virtue of paragraph 1(2)(d)
of Schedule 14 to that Act.

(2CF)    At the time when the power referred to in subsection (2CA),
(2CB) or (2CC) is exercised, the Council may direct that such of
the licensed conveyancers concerned as are identified in the
direction may continue to act in relation to any matter specified
in the direction as if their licences had not been suspended by
virtue of subsection (2CA), (2CB) or (2CC) (as the case may be),
subject to such conditions (if any) as the Council sees fit to
impose.”

(3)     In subsection (2D), after “(2A)” insert “, (2CA), (2CB) or (2CC)”.

(4)     In subsection (2G), for “High Court” substitute “First-tier Tribunal”.

(5)     Omit subsection (2H).

4   (1)     Section 19 (register of licensed conveyancers) is amended as follows.

(2)     After subsection (1) insert—

“(1A)    The Council may make rules specifying the further information,
including information about disciplinary measures taken, to be
recorded in the register in relation to a person.”

(3)     In subsection (2), omit “accordingly”.

5      In section 20 (rules as to professional practice, conduct and discipline),
omit subsection (2).

6   (1)     Section 24 (preliminary investigation of disciplinary cases) is amended
as follows.

(2)     In subsection (10), for “High Court” substitute “First-tier Tribunal”.

(3)     In subsection (11), for “High Court” substitute “First-tier Tribunal”.

(4)     Omit subsection (12).

7   (1)     Section 24A (determination of allegations by the Investigating
Committee) is amended as follows.

(2)     In subsection (8), for “High Court” substitute “First-tier Tribunal”.

(3)     In subsection (9), for “High Court” substitute “First-tier Tribunal”.

(4)     Omit subsection (10).

8   (1)     Section 26 (proceedings in disciplinary cases) is amended as follows.

(2)     For subsection (7) substitute—

“(7)     Where the Discipline and Appeals Committee make an order by
virtue of subsection (1)—

(a)   the person against whom the order is made, or

(b)   the Council,

may appeal to the First-tier Tribunal, and on any such appeal the
First-tier Tribunal may make such order as it thinks fit.”

(3)     In subsection (7A), for “High Court” (in both places where it occurs)
substitute “First-tier Tribunal”.

(4)     Omit subsection (8).

9      In Schedule 3 (the Council for Licensed Conveyancers: supplementary
provisions), in paragraph 4 (appointment of persons to Council), in sub-
paragraph (2), omit “by one”.

10  (1)     Schedule 6 (bodies recognised under section 32: supplementary
provisions) is amended as follows.

(2)     In paragraph 3A (orders made by the Investigating Committee)—

(a)   in sub-paragraph (8), for “High Court” substitute “First-tier
Tribunal”;

(b)   in sub-paragraph (9), for “High Court” substitute “First-tier
Tribunal”;

(c)   omit sub-paragraph (10).

(3)     In paragraph 6 (appeals against orders of the Discipline and Appeals
Committee)—

(a)   for sub-paragraph (1) substitute—

“(1)   Where the Committee make an order by virtue of paragraph
4(1) or (2A) or 5(1)—

(a)   the person as regards whom the order is made, or

(b)   the Council,

may appeal to the First-tier Tribunal, and on any such appeal
the First-tier Tribunal may make such order as it thinks fit.”;

(b)   in sub-paragraph (1A), for “High Court” (in both places where it
occurs) substitute “First-tier Tribunal”;

(c)   omit sub-paragraph (2).”

Schedule 19

LORD WALLACE OF SALTAIRE

43

Page 216, line 14, leave out “level 5 on the standard scale” and insert “the statutory
maximum”

Schedule 21

LORD WALLACE OF SALTAIRE

44

Page 234, line 18, leave out from “1983,” to end of line 20

45

Page 234, line 23, leave out sub-paragraph (3)

Prepared 4th March 2015