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', other than solicitors employed by the Board by virtue of section 28A of this Act,'.
No. 52, in page 46, line 30, at end insert 'and professional ethics'.
29 Jan 1997 : Column 434
No. 53, in page 47, line 9, leave out from '(ii)' to 'the' in line 11.
No. 54, in page 47, line 14, at end insert 'and professional ethics'.
No. 55, in page 47, leave out lines 25 and 26 and insert--
No. 56, in page 47, leave out lines 27 to 30 and insert--
No. 57, in page 48, line 17, leave out 'is not' and insert 'may not be'.
No. 58, in page 48, line 32, leave out 'is no longer' and insert 'are not'.
No. 59, in page 48, line 36, leave out 'no longer' and insert 'not'.
No. 60, in page 49, line 8, leave out
No. 61, in page 49, line 13, leave out from 'Register' to 'but' in line 17 and insert
No. 62, in page 49, leave out lines 20 to 25.
No. 63, in page 49, line 30, leave out 'is not, or'.
No. 64, in page 49, leave out from line 33 to line 4 on page 50 and insert--
No. 65, in page 50, line 12, leave out 'but' and insert 'and'.
No. 66, in page 50, line 13, leave out 'need not' and insert 'shall'.
No. 67, in page 50, line 16, leave out 'April' and insert 'December'.--[Lord James Douglas-Hamilton.]
29 Jan 1997 : Column 435
Mr. McFall:
I beg to move amendment No. 140, in page 57, line 42, after 'shall', insert
Madam Deputy Speaker:
With this, it will be convenient to discuss also No. 141, in page 57, line 45, at end add
Mr. McFall:
A similar amendment was debated in Committee. The clause allows a police officer to take liquor from an under-18-year-old and to take that individual's name and address; and to take liquor from over-18s if the officer believes that they are supplying under-18s with liquor. A new crime is created, of failing to comply with a police officer's request to surrender the
29 Jan 1997 : Column 437
'(1A) The code may make different provision in relation to firms and solicitors including, in relation to solicitors employed by the Board by virtue of section 28A of this Act, different provision to reflect the fact that they are so employed.'.
'(2) The Board shall--
(a) send a copy of the draft code prepared by it under subsection (1) above to the Law Society and to such other persons and bodies as it considers appropriate, inviting their comments on the draft within such period, being not less than 8 weeks from the date on which the draft is sent, as it may specify; and
(b) consider any such comments timeously received by it,
but, where it amends the draft code in the light of any such comments, it shall not be required to re-intimate the amended code to any of those who were invited to comment.
( ) After carrying out the consultation mentioned in subsection (2) above the Board shall submit the draft code to the Secretary of State for his approval.'.
', or a solicitor employed by the Board by virtue of section 28A of this Act'.
'it shall forthwith intimate that removal to the firm or solicitor concerned, and shall as soon as practicable thereafter send them or him, by recorded delivery, a written note of its reasons for its decision.
(8) A firm or solicitor aggrieved by a decision of the Board under subsection (4) above may, within 21 days of the receipt of the notification under subsection (7) above, appeal to the Court of Session against that decision.
(9) An appeal under subsection (8) above may be on questions of both fact and law and the court, after hearing such evidence and representations as it considers appropriate, may make such order as it thinks fit;'.
'(2) Subsections (6) to (9) of section 25D of this Act apply in relation to a solicitor whose name is removed from the Register under subsection (1) above as they apply in relation to a solicitor whose name is removed from the Register under subsection (4) of that section.'.
Amendments made: No. 68, in page 50, line 25, after 'State' insert
'may, in accordance with the provisions of this section, provide for the carrying out of a study into the feasibility of providing criminal legal assistance by means of solicitors employed directly by the Board, and, accordingly,'.
No. 69, in page 50, line 28, at end insert--
'( ) The Board shall not, by virtue of this section, employ more solicitors than are necessary to enable it to maintain at all times a working staff of such number of full-time or part-time solicitors as will equal six full-time solicitors; and any solicitor employed by the Board on a casual or temporary basis to fill a vacancy left by the absence on leave or because of illness of a permanent appointee shall require to be a registered solicitor.
( ) The Secretary of State may authorise the Board to make such preparations for the feasibility study as will enable it to begin the study as soon as regulations under subsection (1) above come into force; and such preparations may relate to the purchase and equipping of heritable and moveable property and the employment of staff including, but only for the purposes of training, solicitors.'.
No. 70, in page 50, line 46, leave out 'use' and insert 'instruct'.
No. 242, in page 51, line 2, leave out 'use' and insert 'instruct'.
No. 71, in page 51, line 10, leave out '28(2)' and insert '28'.
No. 72, in page 51, line 10, leave out
', and section 28(1) of this Act shall,'.
No. 73, in page 51, line 12, at end insert--
'(8) Within three years of the date on which regulations made under subsection (1) above first come into effect, the Secretary of State shall lay before each House of Parliament a report on the results of the feasibility study.
(9) This section, and the provisions of this Act mentioned in subsection (10) below, shall cease to have effect five years after the date on which regulations made under subsection (1) above first come into effect.
(10) The provisions referred to in subsection (9) above are--
(a) in section 4, subsection (2)(aa) and (3)(ab);
(b) in section 11--
(i) in subsection (1) the words "or (3)"; and
(ii) subsections (3) and (4);
(c) in section 12(2), the words "; but does not apply to the salary payable to a solicitor employed by the Board by virtue of section 28A of this Act.";
(d) section 25A(3A);
(e) in section 25B(1A), the words from "including" to the end; and
(f) in section 31(1A), paragraph (c).
(11) Prior to the date on which this section ceases to have effect the Board shall make arrangements for the transfer to solicitors or, where registration is in force, registered solicitors not employed by it of any work currently being undertaken by way of criminal legal assistance by solicitors employed by it by virtue of this section.
(12) On the date when this section ceases to have effect the Board shall remove from the Register the name of any solicitor employed by it by virtue of this section who is not otherwise entitled to be registered.'.--[Lord James Douglas-Hamilton.]
Amendments made: No. 74, in page 52, line 11, leave out
', or a solicitor employed by the Board by virtue of section 28A of this Act'.
No. 243, in page 52, line 18, leave out 'use' and insert 'instruct'.--[Lord James Douglas-Hamilton.]
Amendments made: No. 75, in page 52, line 41, after 'may' insert
', for the purpose of determining whether--
(a) a solicitor or any employee of him or of his firm may be committing a criminal offence in connection with criminal legal assistance; or
(b) a solicitor may be seeking, in relation to criminal legal assistance, to recover from the Fund money to which he is not entitled, as, for example, by performing unnecessary work; or
(c) a registered firm or solicitor is or may not be complying with the code,'.
No. 76, in page 53, line 44, at end insert--
'(8) No information or documents obtained by the Board by virtue of this section or section 35B of this Act shall be used by it or by any of its employees for any purpose other than the purposes mentioned in subsection (1) above.
(9) Section 34 of this Act applies in relation to a contravention of subsection (8) above as it applies in relation to a contravention of subsection (1) of that section.'.
No. 77, in page 54, line 1, leave out
'or a Justice of the Peace'.
No. 78, in page 55, line 44, leave out
'or a solicitor employed by the Board by virtue of section 28A of this Act'.--[Lord James Douglas-Hamilton.]
'where there is no byelaw in force prohibiting the public consumption of alcohol'.
'and where there is a byelaw in force prohibiting the public consumption of alcohol it shall be an offence punishable on summary conviction by a fine not exceeding level 4 on the standard scale for a person not so to comply with a requirement made under subsection (1) or (2) above'.
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