House of Commons Hansard Debates for 25 Jul 1990

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6.--(1) Where the Council are satisfied--

(a) that a person has suffered or is likely to suffer loss in consequence of dishonesty on the part of a registered foreign lawyer, or of an employee of a registered foreign lawyer, in connection with the practice of the multi-national partnership of which the foreign lawyer is or was a member or in connection with any trust of which that foreign lawyer is or was a trustee by virtue of his being a member of that partnership ; or

(b) that a person has suffered or is likely to suffer hardship in consequence of failure on the part of a registered foreign lawyer to account for money which has come to his hands in connection with the practice of the multi-national partnership of which he is or was a member, or in connection with any trust of which he is or was a trustee by virtue of his being a member of that partnership ; or (c) that a registered foreign lawyer has suffered or is likely to suffer loss or hardship by reason of his liability to any client of his, or of the multi-national partnership of which he is or was a member, in consequence of some act or default of any of his partners or employees in circumstances where but for the liability of that registered foreign lawyer a grant might have been made out of the Compensation Fund to some other person,

the Society may make a grant out of the Compensation Fund for the purpose of relieving that loss or hardship.

(2) Section 36 of the Act of 1974 (Compensation Fund) shall apply with the necessary modifications in relation to grants under this paragraph as it applies in relation to grants under that section. Contributions to the Fund

7.--(1) On an application for registration, a foreign lawyer shall pay to the Society a contribution to the Compensation Fund ("the initial contribution") of such amount as the Council may from time to time determine.

(2) On each application for renewal of his registration, a registered foreign lawyer shall pay to the Society--

(a) a contribution of such amount as the Council may from time to time determine ("the annual contribution") ; and

(b) where it appears from his application that--

(i) he has, at any time during the period specified in the application, held or received clients' money in connection with a multi-national partnership of which he is, or was, a member ; or (ii) he is, or was at any time during that period, an officer of a recognised body which has, at any time during that period, held or received clients' money,

a further contribution ("the special levy") of such amount as the Council may from time to time determine.

(3) The Council may make rules providing, in circumstances specified by the rules, for a foreign lawyer--

(a) to pay a reduced initial or annual contribution or special levy ; or

(b) not to be required to pay such a contribution or levy. (4) Any rules under sub-paragraph (3) shall be made with the concurrence of the Master of the Rolls.

Accountants' reports

8.--(1) Unless the Council are satisfied that it is unnecessary for him to do so, every registered foreign lawyer shall, once in each period of twelve months ending with 31st October, deliver to the Society (whether by post or otherwise) a report signed by an accountant and containing such information as may be prescribed by rules made by the Council under section 34 of the Act of 1974 (accountants' reports).

(2) The provisions of that section shall apply in relation to accountants' reports required by this paragraph, and

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registered foreign lawyers, as they apply in relation to accountants' reports required by subsection (1) of that section and solicitors.

Certification for purposes of investment business

9. For the purposes of enabling the Law Society to issue certificates under Part I of the Financial Services Act 1986 (regulation of investment business) to any multi-national partnership or to any recognised body managed or controlled by solicitors and one or more registered foreign lawyers--

(a) the Society shall be taken to be the appropriate professional body for that purpose ;

(b) the registered foreign lawyer concerned shall be treated-- (i) as if he were a member of the Society ; and

(ii) as if he were a solicitor for the purposes of paragraph 2(3) of Schedule 3 to the Act of 1986 (requirements for recognition of professional body) ; and

(c) Part I of that Act shall have effect subject to any modifications which the Secretary of State sees fit to make by order under this paragraph with a view to enabling certificates to be issued to such partnerships or such recognised bodies.

Effect of bankruptcy

10.--(1) The registration of any foreign lawyer against whom a bankruptcy order is made shall be suspended on the making of that order.

(2) The suspension of any registration by reason of a bankruptcy order shall terminate if the order is annulled and an office copy of the order annulling it is served on the Society.

(3) In sub-paragraph (1), "bankruptcy order" includes any order which is not a bankruptcy order but which has the same, or a similar, effect under the law in force in any territory outside England and Wales.

Effect of disciplinary action

11.--(1) Where a registered foreign lawyer is struck off, or suspended from practice, his registration shall be suspended. (2) In sub-paragraph (1) "struck off" and "suspended from practice" mean--

(a) any action taken within the jurisdiction by reference to which the registered foreign lawyer is qualified to be registered ; or (b) where the registered foreign lawyer is qualified to be registered by reference to more than one jurisdiction, any action taken within any one of those jurisdictions,

which is the equivalent, respectively, of a solicitor being struck off the roll or suspended from practice under the Act of 1974. Re-instatement of disciplined foreign lawyer

12.--(1) Where a person's registration has been suspended by virtue of paragraph 11, it shall be revived--

(a) if his right to practise in the jurisdiction in question is restored ; and

(b) a copy of the instrument restoring his right, certified to be a true copy by an officer of the appropriate court in the jurisdiction in question, or the professional body concerned, is served on the Society.

(2) Where a person whose registration is suspended by virtue of paragraph 11 applies to the Society for the suspension to be terminated, the Society may terminate it subject to such conditions, if any, as it thinks fit to impose.

Effective date of revived registration

13. Where a foreign lawyer's registration is revived (whether as the result of the termination of its suspension, restoration by order of the Tribunal or for any other reason), that revival shall take effect on such date, and subject to such conditions, as the Society may direct.

Appeal against conditions or refusals

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14.--(1) Any foreign lawyer may appeal to the Master of the Rolls against--

(a) the refusal of the Society to register him or to renew his registration ;

(b) the refusal of the Society to terminate the suspension of his registration on an application made by him under paragraph 12 ; (c) the failure of the Society to deal with any application by him for registration, renewal of registration or the termination (under paragraph 12(2)) of a suspension within a reasonable time ; or (d) any condition imposed by the Society under paragraph 2(3), 12(2) or 13.

(2) An appeal under sub-paragraph (1)(a), (b) or (d) must be brought within the period of one month beginning with the date on which the Society notifies the applicant of its decision on his application.

(3) On an appeal to him under this paragraph, the Master of the Rolls may make such order as he thinks fit.

Jurisdiction and powers of Disciplinary Tribunal

15.--(1) Subject to paragraph 16, section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal) shall apply, with the necessary modifications, in relation to applications and complaints made by virtue of any provision of this Schedule as it applies in relation to applications and complaints made by virtue of any provision of that Act.

(2) Any application--

(a) to strike the name of a foreign lawyer off the register ; (b) to require a registered foreign lawyer to answer allegations in an affidavit ;

(d) by a foreign lawyer whose name has been struck off the register by order of the Tribunal to have his name restored to the register ; (e) by a foreign lawyer whose registration has been suspended for an indefinite period by order of the Tribunal for the termination of that suspension,

shall be made to the Tribunal.

(3) Any person who alleges that a registered foreign lawyer has failed to comply with any rule made under section 31, 32, 34, or 37 of the Act of 1974 may make a complaint to the Tribunal.

(4) On the hearing of any application or complaint made to the Tribunal with respect to a foreign lawyer, the Tribunal shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters-- (a) the striking off the register of the name of the foreign lawyer to whom the application or complaint relates ;

(b) the suspension of that foreign lawyer's registration indefinitely or for a specified period ;

(d) the termination of that foreign lawyer's unspecified period of suspension from registration ;

(e) the restoration to the register of the name of a foreign lawyer which has been struck off the register ;

(f) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable. (5) Any order made under subsection (4) of section 47 of the Act of 1974 varying the maximum amount of the penalty which may be imposed under subsection (2)(c) of that section may make the same variation in the corresponding amount mentioned in sub-paragraph (4)(c). Foreign lawyers assisting the Tribunal

16.--(1) For the purposes of section 46 of the Act of 1974 (Solicitors Disciplinary Tribunal), the Tribunal may make rules providing for it to be assisted, in dealing with any application or complaint of a kind mentioned in paragraph

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15, by a member of the legal profession in the jurisdiction by reference to which the foreign lawyer is or was qualified to be registered.

(2) Rules under sub-paragraph (1) shall not be made without the concurrence of the Master of the Rolls.

(3) Subsection (12) of section 46 of the Act of 1974 (rules to be made by statutory instrument etc.) shall apply to rules made under this paragraph as it applies to rules made under subsection (9) of that section.

Appeals from Tribunal

17.--(1) An Appeal from the Tribunal shall lie--

(a) in the case of an order on an application under paragraph 15(2)(d) or (e), or the refusal of any such application, to the Master of the Rolls ;

(b) in the case of any other order or refusal under paragraph 15, to the High Court.

(2) The High Court and the Master of the Rolls shall have power to make such order on an appeal under this paragraph as they may think fit.

(3) Any decision of the Master of the Rolls on an appeal under this paragraph shall be final.

(4) The Master of the Rolls may make regulations about appeals to him under this paragraph.'.-- [The Attorney-General.]

Brought up, read the First and Second time, and added to the Bill.

Schedule 1

The Advisory Committee

Amendments made : No. 110, in page 81, line 19, leave out he has been adjudged backrupt'

and insert

a bankruptcy order has been made against him'.

No. 51, in page 82, line 11, leave out specially' and insert specifically'. -- [The Attorney-General.]

Schedule 2

Specific Functions of the Advisory Committee

The Attorney-General : I beg to move amendment No. 111, in page 86, line 40, at end insert--

Persons with special needs

. In discharging its functions under this Schedule, the Advisory Committee shall have regard to the need for the efficient provision of legal services for persons who face special difficulties in making use of those services, including in particular special difficulties in expressing themselves or in understanding.'.

The effect of the amendment is to require the advisory committee to have regard to the needs of the disadvantaged, particularly the less articulate, when carrying out its functions under schedule 2. It has been tabled in response to amendments tabled in both another place and in Committee. I gave an undertaking that we would consider them with every sympathy. The amendment is the result that I am happy to bring forward.

Amendment agreed to.

Schedule 4

Authorisation and Approval

Amendments made : No. 170, in page 90, line 22, leave out sub-paragraph (6).

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No. 171, in page 92, line 46, leave out sub- paragraph (6).-- [The Attorney-General.]

Schedule 5

The Authorised Conveyancing Practitioners Board

Amendment made : No. 112, in page 96, line 7, leave out he has been adjudged bankrupt'

and insert

a bankruptcy order has been made against him'. [The Attorney- General.]

Mr. Temple-Morris : On a point of order, Madam Deputy Speaker. Amendment No. 5 is grouped with amendment No. 139. Amendment No. 5 was not moved but I had hoped to speak to amendment No. 139.

Madam Deputy Speaker : I made it quite clear that amendment No. 5 was an Opposition amendment. I paused and asked if it was to be moved. No one moved it and I cannot go back to it.

Mr. Vaz : Further to that point of order, Madam Deputy Speaker. I think that you were referring to amendment No. 5, not to amendment No. 139.

Madam Deputy Speaker : No. The hon. Gentleman cannot get away with that. I made it quite clear what I was doing. Amendment No. 5 is an Opposition amendment. I asked if it was to be moved and no one did so. We have now moved on.

Schedule 7

The Conveyancing Ombudsman Scheme

The Attorney-General : I beg to move amendment No. 52, in page 99, line 43, after by' insert

,or inconvenience or distress has been caused to,'.

The amendment extends the grounds on which the conveyancing ombudsman will be able to make compensation orders to include inconvenience and distress as well as loss. In Committee, I expressed the hope that we would be able to meet the representations that were made and the amendment is the result.

Amendment agreed to.

Schedule 9

Judicial and other Appointments

Amendment made : No. 113, in page 114, line 39, at end insert-- Judge's legal secretary

46A. In section 98(4) of the Supreme Court Act 1981 (appointment by certain senior judges of a legally qualified secretary) for the words "barrister or solicitor" there shall be substituted "person who has a general qualification (within the meaning of section 58 of the Courts and Legal Services Act 1990)".'.

No. 114, in page 119, line 21, at end insert--

Crown Prosecutors

.--(1) In section 1(3) of that Act (Crown Prosecutors) for the words "who is a barrister or solicitor" there shall be substituted "who has a general qualification (within the meaning of section 58 of the Courts and Legal Services Act 1990)".

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(2) In section 5(1) of that Act (conduct of prosecutions by barristers or solicitors) for the words from "who is" to "authority" there shall be substituted "who has a general qualification (within the meaning of section 58 of the Courts and Legal Services Act 1990)".'.-- [The Attorney-General.]

Schedule 14

Children Act 1989

Amendments made : No. 53, in page 133, line 40, at end insert-- The Children and Young Persons Act 1969 (c.54)

3A. --(1) Section 16 of the Children and Young Persons Act 1969 (provisions supplementary to section 15) shall be amended as follows.

(2) In subsection (3)--

(a) for the words "relevant infant" there shall be substituted "supervised person" ; and

(b) the words from "and the justice" to the end shall be omitted. (3) After subsection (3) there shall be inserted the following subsections--

"(3A) Where a supervised person is brought before a justice under subsection (3) of this section, the justice may

(a) direct that he be released forthwith ; or

(b) subject to subsection (3C) of this section, remand him to local authority accommodation.

(3B) A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.

(3C) Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded--

(a) to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection ; or

(b) to a prison, if he has not been so notified."

(4) For subsection (4) there shall be substituted the following subsection- -

"(4) Where an application is made to a court under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if

(a) a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court ; or

(b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1)."

(5) In subsections (5)(b) and (c) and (6)(a), after the word "12A", in each place where it occurs, there shall be inserted "12AA". 3B.--(1) Section 32 of that Act (detention of absentees), as amended by paragraph 27 of Schedule 12 to the Act of 1989, shall be further amended as follows.

(2) In the new subsection (1A), in paragraph (b)(ii), for the words "section 23(1)" there shall be substituted "section 16(3A) or 23(1)".

(3) In the new subsection (1C), after the words "section 12AA" there shall be inserted ", 16(3B)".'.

No. 54, in page 134, line 18, at end insert--

The Child Care Act 1980 (c.5)

5A. After section 21(2) of the Child Care Act 1980 (power of local authority to allow child in care to be under charge and control of parent, etc.) there shall be inserted the following subsection--

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