House of Commons Hansard Debates for 25 Jul 1990

Clause 97

Provision with respect to the Children Act

1989 Amendment made : No. 168, in page 76, line 14, at end insert--

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(3) The general rule making power of any authority having power to make rules of court for Northern Ireland shall include power to make any provision which may be made under section 93 of the Act of 1989 (rules of court) subject to the modifications that in subsection (2)--

(a) paragraphs (e) and (i) shall be omitted ; and

(b) in paragraphs (f) and (g) the references to England and Wales shall be read as references to Northern Ireland.'.-- [The Attorney-General.]

Clause 99

Interpretation

The Attorney-General : I beg to move amendment No. 179, in page 78, line 5, leave out from body' to end of line 7 and insert

(other than any body established by this Act), includes any person who is not a member of that body but who may be subject to disciplinary sanctions for failure to comply with any of that body's rules ;'.

This is an important drafting amendment to the definition of clause 99, which I should be most unwise to describe.

Amendment agreed to.

Amendments made : No. 102, in page 78, line 7, at end insert-- "multi- national partnership" has the meaning given by section (Foreign lawyers : recognised bodies and partnerships with solicitors) (9) ;'.

No. 44, in page 78, line 19, at end insert--

"qualified person" has the meaning given in section 34(6) ;'. No. 103, in page 78, line 19, at end insert--

"registered foreign lawyer" has the meaning given by section (Foreign lawyers : recognised bodies and partnerships with solicitors) (9) ;'.-- [The Attorney-General.]

Clause 100

Regulations and orders

Amendments made : No 104, in page 78, line 45, at end insert-- (2A) Any such regulations or order may contain such incidental, supplemental or transitional provisions or savings as the person making the regulations or order considers expedient.'.

No. 105, in page 79, line 2, after 50' insert

( Foreign lawyers : recognised bodies and partnerships with solicitors )(5) or (7)'.

No. 106, in page 79, line 2, after 50' insert 105(3A)'. No. 129, in page 79, line 2, after 8' insert

or paragraph 9(c) of Schedule (Foreign lawyers : partnerships and recognised bodies )'.-- [The Attorney-General.]

Clause 103

Extent

Amendments made : No. 107, in page 79, line 28, at end insert-- () section ( Discrimination by, or in relation to, advocates ) ;'.-- [The Attorney- General.]

No. 108, in page 79, line 28, at end insert--

() section 58(2), so far as necessary ;'.

No. 180, in page 79, line 30, leave out paragraph (b) and insert-- (b) sections (Tying-in arrangements in connection with residential property loans ) to ( Tying-in : enforcement ) ;'. No. 46, in page 79, line 31, at beginning insert section 97, this section and'.

No. 47, in page 79, line 36, at end insert--

() paragraphs 3B, 20 to 21A, 24, 25 and 25A of Schedule 14 ;'.

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No. 48, in page 79, line 41, at end insert--

() section 58(2), so far as necessary ;'.

No. 49, in page 79, line 43, leave out and 101 to 105' and insert--

101, 102, this section and sections 104 and 105, so far as necessary'.

No. 50, in page 80, line 6, leave out Schedules 14' and insert-- paragraphs 3B, 15B, 20, 21, 24 and 25 of Schedule 14 ;

() Schedules'.

No. 181, in page 80, line 6, after amend' insert or relate to'.-- [The Attorney-General.]

Clause 104

Commencement

12 midnight

The Attorney-General : I beg to move amendment No. 169, in page 80, line 9, leave out subsections (1) and (2) and insert--

(1) The following provisions come into force on the passing of this Act--

(a) sections 1, 5, 99 to 103, this section and section 105(1) ; and

(b) paragraphs 2 and 3 of Schedule 15.

(2) The following provisions come into force at the end of the period of two months beginning on the day on which this Act is passed--

(a) sections 6, 8, 9, 14, 53, ( --Discrimination by, or in relation to, advocates --), 59, 60, 72, 74 to 78, ( --Agreements with solicitors for payment by hourly rates --), 80 to 83 and 89 to 91 ; (b) paragraphs 1, 11, 12, 16 and 20 of Schedule 15 ;

This amendment extends various provisions of the Bill that will come into force on the passing of the Act or two months after the Act is passed.

Amendment agreed to.

Clause 105

Short title, minor and consequential amendments, transitionals and repeals

Amendment made : No. 109, in page 80, line 23, at end insert-- (3A) The Lord Chancellor may by order make such amendments or repeals in relevant enactments as appear to him to be necessary or expedient in consequence of any provision made by Part II with respect to advocacy, litigation, conveyancing or probate services. (3B) In subsection (3A) "relevant enactments" means such enactments or instruments passed or made before or in the same Session as this Act as may be specified in the order.'.-- [The Attorney-General.]

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New Schedule

Licensed Conveyancers

Part I

Additional Powers of Council for Licensed Conveyancers --In Connection with Sections 25, 26, and 46

General

1. In this Schedule--

"the Act of 1985" means the Administration of Justice Act 1985 ; "advocacy licence" means a licence issued under section ( --The Council for Licensed Conveyancers --) and constituting the grant by the Council to the licensed conveyancer concerned of a right of audience ;

"the Council" means the Council for Licensed Conveyancers ; "the Discipline and Appeals Committee" means the committee established under section 25 of the Act of 1985 ;

"litigation licence" means a licence issued under section ( --The Council for Licensed Conveyancers --) and constituting the grant by the Council to the licensed conveyancer concerned of a right to conduct litigation ;

"probate licence" means a licence issued under section ( --The Council for Licensed Conveyancers --) and constituting the grant by the Council to the licensed conveyancer concerned of an exemption under section 46 ; and

"relevant licence" means a licence under Part II of the Act of 1985 or an advocacy, litigation or probate licence.

Qualification regulations and rules of conduct

2.--(1) For the purpose of exercising the powers conferred by section ( -- The Council for Licensed Conveyancers --), the Council may make such qualification regulations and rules of conduct as it considers appropriate in connection with the granting of the rights or exemption in question.

(2) In making any such regulations or rules the Council may, in particular, do anything which it has power to do in making rules under section 13 of the Act of 1985 (training rules).

Applications for licences

3.--(1) An application for an advocacy licence, litigation licence or probate licence shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed by rules made by the Council under this paragraph.

(2) Any such rules--

(a) may prescribe the forms to be used in connection with applications for any such licence ; and

(b) may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules. (3) Rules made under section 14 of the Act of 1985 and this paragraph may make provision with respect to applications for composite licences.

Issue of licences

4.--(1) If, on an application for an advocacy, litigation or probate licence, the Council is satisfied that--

(a) the applicant has complied with such qualification regulations, rules of conduct or other requirements as are applicable in his case in relation to the licence applied for ;

(b) that he has made adequate arrangements for the purpose of complying with any provisions which are applicable in his case in relation to the licence applied for ; and

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the Council may issue the applicant either with a licence free of conditions or with a licence subject to such conditions as it sees fit to impose.

(2) If the Council is for any reason not so satisfied, or for any other reason refuses the application, it shall notify the applicant of its refusal and of the grounds on which the application has been refused.

(3) Subsections (3) to (6) of section 15 of the Act of 1985 (issue of licences under section 14 of that Act) shall apply, with the necessary modifications, with respect to any application under paragraph 3 and any licence in force under section ( --The Council for Licensed Conveyancers -- ) as they apply with respect to any application under section 14 of that Act and any licence under Part II of that Act.

Conditional licences

5.--(1) This paragraph has effect in any case where a person applies for an advocacy, litigation or probate licence

(a) for the first time ;

(b) when a licence of the kind applied for which has previously been held by him has been subject to conditions ;

(c) when, on the first day of the period to which the licence applied for would (if granted) relate, a period of twelve months or more will have elapsed since he held a licence of that kind ; (d) after the Discipline and Appeals Committee have made any order in his case under section 26 of the Act of 1985.

(2) This paragraph also has effect in any case where a person applies for such a licence and any of the circumstances mentioned in paragraphs (e) to (j) of section 16 of the Act of 1985 (conditional licences) apply in his case.

(3) Sub-paragraphs (1) and (2) are subject to subsection (4) of section 16 of the Act of 1985, as applied by sub-paragraph (7) of this paragraph.

(4) In any case where this paragraph has effect the Council may, on issuing an advocacy, litigation or probate licence to the applicant, issue it subject to such conditions as the Council thinks fit. (5) The Council's decision in any such case to impose any particular conditions under this paragraph may be made by reference to such criteria of general application as may have been determined by the Council.

(6) Without prejudice to the generality of sub-paragraph (4), conditions may be imposed under that sub-paragraph

(a) for restricting the kinds of service that may be provided by the applicant by virtue of his having the advocacy, litigation or probate licence in question ; or

(b) 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 conveyancer who provides the additional services authorised by that licence,

and conditions may be imposed under that sub-paragraph (whether for the purposes mentioned in paragraph (b) or otherwise) as they may be under Part II of the Act of 1985.

(7) Subsections (4) and (5) of section 16 of the Act of 1985 shall have effect, with the necessary modifications, with respect to an advocacy, litigation or probate licence as they have effect with respect to a licence issued under Part II of that Act.

6.--(1) Where an advocacy, litigation or probate licence is in force with respect to a licensed conveyancer, the Council shall enter details of the licence in the appropriate place in the register of licensed conveyancers maintained by it under section 19 of the Act of 1985.

(2) The Council shall accordingly cause the appropriate entries to be made on the issue of any advocacy, litigation or probate licence and deletions on any such licence ceasing to be in force.

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(3) Where any such licence is for the time being suspended, the Council shall cause that fact to be noted in the register against the name of the licensed conveyancer concerned.

Code of conduct

7.--(1) The rules made by the Council under section 20 of the Act of 1985 (rules as to professional practice, conduct and discipline) shall also be made in pursuance of the Council's general duty under section ( --The Council for Licensed Conveyancers --)(5). (2) Those rules may also provide for regulating the association of licensed conveyancers with respect to whom advocacy, litigation or probate licences are in force, with other persons in connection with the provision of advocacy, litigation or (as the case may be) probate services to members of the public.

Effect of suspension or disqualification under Part II of the Act of 1985

8. Where a licence issued under Part II of the Act of 1985 ceases to be in force (whether because it is suspended or the licensed conveyancer concerned is disqualified from holding a such a licence or for any other reason), any advocacy, litigation or probate licence in force with respect to that licensed conveyancer at the time shall cease to have effect to the same extent as the licence under Part II of the Act of 1985.

Removal of disqualification from holding a licence

9.--(1) Where the Discipline and Appeals Committee have made any order directing that a licensed conveyancer shall be disqualified (either permanently or during a specified period) from holding an advocacy licence, a litigation licence or a probate licence, he shall not, while his disqualification continues in force, be issued with a licence of a kind to which the disqualification relates unless the Committee, on an application made to them in that behalf, direct otherwise.

(2) An application under this paragraph shall not be made to the Committee- -

(a) within ten months of the date of the Committee's order relating to the kind of licence in question ; or

(b) within ten months of a previous such application by the licensed conveyancer concerned with respect to that kind of licence. Revocation on grounds of error or fraud

10.--(1) Where the Discipline and Appeals Committee are satisfied that a relevant licence was issued to any person as a result of any error, or as a result of fraud on the part of that person, they may if they think fit by order revoke that licence and any other relevant licence issued to that person.

(2) Where a person has had a relevant licence which was held by him revoked, he shall not be issued with any relevant licence except on the advice of the Committee given to the Council as the result of an application made by that person to the Committee.

(3) On any such application the Committee may, if they think fit, direct that the applicant shall be disqualified from holding any relevant licence, or a relevant licence of a specified kind, until the expiry of such period as may be specified in the direction. (4) Paragraph 9 shall apply in relation to a direction under sub-paragraph (3) as it applies in relation to any direction of a kind mentioned in sub-paragraph (1) of that paragraph.

Recognised bodies

11. Section 32 of the Act of 1985 (provision of conveyancing services by recognised bodies) shall have effect as if the references to conveyancing services included references to advocacy, litigation or probate services.

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PART II

Amendments of Provisions Relating to Powers of Council Etc.

Delegation of powers etc.

12.--(1) Subject to any provision to the contrary made by or under any enactment, the Council may arrange for any of its functions (other than those of making rules, schemes or standing orders under Part II of the Act of 1985) to be discharged--

(a) by a committee of the Council ; or

(b) by a member of the Council's staff.

(2) The Council may make rules providing for functions conferred by Part II of the Act of 1985 on any committee established under that Part to be discharged by a committee established under this paragraph.

(3) In exercising its powers under sub-paragraphs (1) or (2), the Council may impose restrictions or conditions on the committee by which the functions concerned are to be discharged.

(4) The Council may make rules providing for any of its committees (including one established under Part II of the Act of 1985) to refer any matter of a kind specified in the rules, in such circumstances as may be so specified, to any other such committee, or to the Council. (5) Where any matter is referred under sub-paragraph (4) to a committee of the Council or to the Council, that committee or (as the case may be) the Council shall have the same power to deal with it as the committee referring it.

(6) The number of members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Council.

(7) A committee established under this paragraph may include persons who are not members of the Council (whether licensed conveyancers or not) but a majority of the members of any such committee (including the chairman) shall be members of the Council. (8) The validity of any proceedings of such a committee shall not be affected by any casual vacancy among its members.

(9) Any rules made under this paragraph--

(a) may make such incidental and supplemental provision as the Council considers appropriate ; and

(b) may make different provision for different circumstances. Council's intervention powers

13.--(1) Subject to sub-paragraph (2), the powers conferred by Part II of Schedule 5 to the Act of 1985 (intervention in licensed conveyancer's practice) shall also be exercisable where--

(a) the Council is satisfied that a sole licensed conveyancer has abandoned his practice ; or

(b) the Council is satisfied that a licensed conveyancer has been practising in breach of any condition imposed on him in connection with any relevant licence of his.

(2) The powers--

(a) conferred by Part II of Schedule 5 to the Act of 1985 ; and (b) exercisable by virtue of sub-paragraph (1)(b),

shall only be exercised if the Council has given the licensed conveyancer notice in writing that it is satisfied as mentioned in sub-paragraph (1)(b) and also (at the same or any later time) notice in writing that the powers conferred by Part II of that Schedule are accordingly exercisable in his case.

Inadequate professional services

14.--(1) The Council may take any of the steps mentioned in paragraph 15 ("the steps") with respect to a licensed conveyancer where it appears to it that the professional

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