Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 18 — Immigration advice and immigration services
Part 3 — Transitional provision
320

(a)
it relates to a person who is excluded from the
application of subsection (1) of section 84 by
subsection (6) of that section, or
(b)
it relates to a person within section 84(2)(ba).”
Part 3
5
Transitional provision
The transitional period
18    (1)
In this Part of this Schedule references to “the transitional period” are to the
period which—
(a)
begins with the day appointed for the coming into force of section 13
10
(entitlement to carry on reserved legal activities), and
(b)
ends with the day appointed by the Lord Chancellor by order for the
purposes of this paragraph.
      (2)
Different days may be appointed under sub-paragraph (1)(b) for different
purposes.
15
      (3)
An order may be made under sub-paragraph (1)(b) only on the
recommendation of the Board.
Barristers etc
19    (1)
During the transitional period, every barrister is deemed to be authorised by
the General Council of the Bar to provide immigration advice and
20
immigration services.
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the General Council of the Bar.
      (3)
A person is not authorised under sub-paragraph (1) unless the person has in
force a certificate issued by the General Council of the Bar authorising the
25
person to practise as a barrister.
20    (1)
During the transitional period, every registered European lawyer registered
with the Inns of Court and the General Council of the Bar is deemed to be
authorised by the General Council of the Bar to provide immigration advice
and immigration services if the registered European lawyer is entitled to
30
provide immigration advice and immigration services under his home
professional title by virtue of the European regulations.
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the General Council of the Bar (as they apply to
the registered European lawyer by virtue of the European regulations).
35
      (3)
In this paragraph—
“European regulations” means the European Communities (Lawyer’s
Practice) Regulations 2000 (S.I. 2000/1119);
“home professional title” and “registered European lawyer” have the
same meaning as in the European regulations.
40

Legal Services Bill [HL]
Schedule 18 — Immigration advice and immigration services
Part 3 — Transitional provision
321

Solicitors etc
21    (1)
During the transitional period, each of the following is deemed to be
authorised by the Law Society to provide immigration advice and
immigration services—
(a)
every qualified solicitor;
5
(b)
every registered foreign lawyer (within the meaning of section 89 of
the Courts and Legal Services Act 1990 (c. 41));
(c)
every legal partnership (within the meaning of paragraph 7(4) of
Schedule 5);
(d)
every body recognised under section 9 of the Administration of
10
Justice Act 1985 (c. 61).
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the Law Society.
      (3)
“Qualified solicitor” means a person who is qualified under section 1 of the
Solicitors Act 1974 (c. 47) to act as a solicitor.
15
22    (1)
During the transitional period, every registered European lawyer registered
with the Law Society is deemed to be authorised by the Law Society to
provide immigration advice and immigration services if the registered
European lawyer is entitled to provide immigration advice and immigration
services under his home professional title by virtue of the European
20
regulations.
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the Law Society (as they apply to the registered
European lawyer by virtue of the European regulations).
      (3)
In this paragraph—
25
“European regulations” means the European Communities (Lawyer’s
Practice) Regulations 2000 (S.I. 2000/1119);
“home professional title” and “registered European lawyer” have the
same meaning as in the European regulations.
Legal Executives
30
23    (1)
During the transitional period, a person who is authorised by the Institute of
Legal Executives to practise as a member of the profession of legal
executives is deemed to be authorised by that Institute to provide
immigration advice and immigration services.
      (2)
That authority is exercisable in accordance with and subject to the regulatory
35
arrangements of the Institute of Legal Executives.
      (3)
A person is not authorised under sub-paragraph (1) unless the person has in
force a certificate issued by the Institute of Legal Executives authorising the
person to practise as a legal executive.

Legal Services Bill [HL]
Schedule 19 — Claims management services
322

Schedule 19
Section 188

Claims management services
1
The Compensation Act 2006 (c. 29) is amended in accordance with this
Schedule.
2     (1)
Section 4 (provision of regulated claims management services) is amended
5
as follows.
      (2)
After subsection (2) insert—
“(2A)
The Secretary of State may not make an order under subsection (2)(e)
unless—
(a)
it is made in accordance with a recommendation made by the
10
Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the order.”
3     (1)
Section 5 (the Regulator) is amended as follows.
      (2)
After subsection (1) insert—
15
“(1A)
The Secretary of State may designate a person only on the
recommendation of the Legal Services Board.”
      (3)
In subsection (2) for “The Secretary of State may designate a person”
substitute “The Legal Services Board may recommend a person for
designation”.
20
      (4)
Omit subsection (3).
      (5)
In subsection (4)—
(a)
in paragraphs (a), (b), (d) and (e) for “Secretary of State” substitute
“Legal Services Board”, and
(b)
omit paragraph (c).
25
      (6)
In subsection (8) after “may” insert “, on the recommendation of the Legal
Services Board,”.
      (7)
In subsection (9) for “Secretary of State” substitute “Legal Services Board”.
      (8)
In subsection (10)—
(a)
after “may” insert “, on the recommendation of the Legal Services
30
Board,”, and
(b)
for “Secretary of State” (in the second place) substitute “Legal
Services Board”.
      (9)
After that subsection insert—
“(11)
In discharging any function by virtue of subsection (9) or (10), the
35
Legal Services Board must take such steps as are necessary to ensure
an appropriate financial and organisational separation between the
activities of the Board that relate to the carrying out of those
functions and the other activities of the Board.”

Legal Services Bill [HL]
Schedule 19 — Claims management services
323

4
In section 6 (exemptions) after subsection (3) insert—
“(3A)
The Secretary of State may not make an order under subsection (1) or
(2) unless—
(a)
it is made in accordance with a recommendation made by the
Legal Services Board, or
5
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the order.”
5     (1)
Section 7 (enforcement: offence) is amended as follows.
      (2)
In subsection (2)(b)—
(a)
in sub-paragraph (i) for “51 weeks” substitute “12 months”, and
10
(b)
in sub-paragraph (ii) for “level 5 on the standard scale” substitute
“the statutory maximum”.
      (3)
For subsection (3) substitute—
“(3)
In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 the reference in
15
subsection (2)(b)(i) to 12 months is to be read as a reference to 6
months.”
6     (1)
Section 8 (enforcement: the Regulator) is amended as follows.
      (2)
In subsection (5)—
(a)
after “the Regulator” (in the second place) insert “—
20
(a)
“, and
(b)
after “Part” insert “, and
(b)
to take possession of any written or electronic records
found on the search for the purposes of subsection
(6).”
25
      (3)
After subsection (8) insert—
“(9)
The Secretary of State may not make regulations under subsection (8)
unless—
(a)
they are made in accordance with a recommendation made
by the Legal Services Board, or
30
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the regulations.”
7
In section 9 (regulations), after subsection (2) insert—
“(2A)
The Secretary of State may not make regulations under this section
unless—
35
(a)
they are made in accordance with a recommendation made
by the Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the regulations.”
8     (1)
Section 11 (pretending to be authorised etc) is amended as follows.
40
      (2)
In subsection (4)(b)—
(a)
in sub-paragraph (i) for “51 weeks” substitute “12 months”, and
(b)
in sub-paragraph (ii) for “level 5 on the standard scale” substitute
“the statutory maximum”.

Legal Services Bill [HL]
Schedule 20 — Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007
324

      (3)
For subsection (6) substitute—
“(6)
In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 the reference in
subsection (4)(b)(i) to 12 months is to be read as a reference to 6
months.”
5
9
In section 13 (appeals and references to Claims Management Services
Tribunal), in subsection (4) for “against” substitute “on a point of law arising
from”.
10
In section 14 (interpretation), in the definition of “the Regulator” for
“Secretary of State” substitute “Legal Services Board”.
10
11    (1)
The Schedule (claims management regulations) is amended as follows.
      (2)
In paragraph 5(3)(a) for “, guidance or a code given or issued” substitute “or
guidance given”.
      (3)
In paragraph 7—
(a)
in paragraph (e) for “Secretary of State” substitute “Legal Services
15
Board”,
(b)
in paragraph (g)—
(i)
for “Secretary of State” substitute “Legal Services Board”, and
(ii)
after “Fund” insert “after consultation with the Secretary of
State”.
20
      (4)
In paragraph 8(2)(a)(ii) for “Secretary of State” substitute “Legal Services
Board”.
      (5)
In paragraph 9(2)(a)(ii) for “Secretary of State” substitute “Legal Services
Board”.
      (6)
In paragraph 14, in sub-paragraph (2) for “to enter” to the end substitute—
25
“(a)
to enter and search premises on which a person conducts
or is alleged to conduct regulated claims management
business, for the purposes of—
(i)
investigating a complaint about the activities of an
authorised person, or
30
(ii)
assessing compliance with terms and conditions of
an authorisation, and
(b)
to take possession of written or electronic records found on
the search for the purposes of taking copies in accordance
with regulations under sub-paragraph (3).”
35
Schedule 20
Section 196

Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act
2007
Solicitors (Scotland) Act 1980 (c. 46)
1     (1)
The Solicitors (Scotland) Act 1980 is amended as follows.
40
      (2)
In section 3A(5), omit paragraphs (a) and (ad).

Legal Services Bill [HL]
Schedule 20 — Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007
325

      (3)
In section 15(2)—
(a)
in paragraph (e), for “38” substitute “62A”, and
(b)
omit paragraph (j).
      (4)
In section 20(2), omit “, 53A(2)(ba)”.
      (5)
In section 24C(2)—
5
(a)
in paragraph (d), for “38” substitute “62A”, and
(b)
omit paragraph (i).
      (6)
In section 34, omit subsections (4), (4C) and (4D).
      (7)
Omit sections 38, 39, 42A and 42B.
      (8)
In section 42C—
10
(a)
in subsection (1)—
(i)
omit paragraphs (a) and (c),
(ii)
omit “to the solicitor or his firm or”, and
(iii)
omit “or, where” to the end,
(b)
in subsection (2), in paragraphs (a) and (b) omit (in each place)
15
“solicitor, firm or”,
(c)
in subsection (3)—
(i)
in paragraph (a), omit “the solicitor or his firm or, as the case
may be,”,
(ii)
in paragraph (b), omit “of which the solicitor” to “be,”,
20
(d)
in subsection (4), omit (in each place) “38,”, and
(e)
omit subsection (5).
      (9)
In section 51—
(a)
in subsection (2)—
(i)
omit “a solicitor may have been guilty” to “Fund) or”, and
25
(ii)
omit “or a solicitor” to “services”, and
(b)
omit subsection (2A).
     (10)
In section 52, in subsection (2)(aa) omit “42A(7) or”.
     (11)
In section 53, omit subsections (3), (10) and (11).
     (12)
Omit sections 53A, 53B and 53C.
30
     (13)
In section 54, omit subsections (1), (2B) and (2C).
     (14)
In section 55, omit subsection (8).
     (15)
Omit section 56A.
     (16)
In section 62A, in subsections (1) and (2) omit (in each place) “38,”.
     (17)
In section 65—
35
(a)
in subsection (1), omit the definition of “inadequate professional
services”, and
(b)
omit subsection (5).
     (18)
In Part 2 of Schedule 3, in paragraph 5(1), (2) and (3) omit (in each place)
“38,”.
40
     (19)
In Part 2 of Schedule 4—

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
326

(a)
in paragraph 9(a) and (b), omit (in each place) “or, as the case may be,
of provision of inadequate professional services”,
(b)
in paragraph 16, omit sub-paragraphs (f) and (g), and
(c)
in paragraph 23, omit “, 42A(7)”.
     (20)
In the side-note to section 62A, omit “38,”.
5
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
2
In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit
section 33.
Schedule 21
Section 209

Minor and consequential amendments
10
Public Notaries Act 1801 (c. 79)
1
The Public Notaries Act 1801 is amended in accordance with paragraphs 2
and 3.
2
In section 1 (no person to be created to act as public notary, to do any notarial
act etc unless duly admitted), omit “, or use and exercise the office of a
15
notary, or do any notarial act,”.
3
In section 14 (Act not to extend to certain persons), omit from “proctor” to
“any other”.
Public Notaries Act 1843 (c. 90)
4
The Public Notaries Act 1843 is amended in accordance with paragraphs 5
20
to 7.
5
After section 7 insert—
“7A
Effect of admission or grant of faculty
(1)
Despite any provision made by the Public Notaries Acts, a person’s
entitlement to carry on an activity which is a notarial activity is to be
25
determined in accordance with the Legal Services Act 2007.
(2)
Nothing in the Public Notaries Acts is to be regarded, for the
purposes of paragraph 5(2) of Schedule 3 to the Legal Services Act
2007 (exempt persons in relation to notarial activities) as authorising
a person to carry on such an activity.
30
(3)
For this purpose—
“the Public Notaries Acts” means this Act and the Public
Notaries Act 1801;
“exempt person” and “notarial activity” have the same meaning
as in the Legal Services Act 2007.”
35
6
In section 8 (Master of Faculties may issue commissions to take oaths)—
(a)
the existing provision becomes subsection (1), and