Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
334

an activity which constitutes the exercise of a right of
audience (within the meaning of that Act).”
Mental Health Act 1983 (c. 20)
53
The Mental Health Act 1983 is amended in accordance with paragraphs 54
to 60.
5
54
In section 35 (remand to hospital for report on accused's mental condition),
in subsection (6) for “counsel or a solicitor and his counsel or solicitor”
substitute “an authorised person who”.
55
In section 36 (removal of accused person to hospital for treatment), in
subsection (5) for “counsel or a solicitor and his counsel or solicitor”
10
substitute “an authorised person who”.
56
In section 38 (interim hospital orders), in subsection (2) for “counsel or a
solicitor and his counsel or solicitor” substitute “an authorised person who”.
57
In section 52 (further provisions as to persons remanded by magistrates'
courts), in subsection (7)(b) for “counsel or a solicitor” substitute “an
15
authorised person”.
58
In section 54 (requirements as to medical evidence), in subsection (3)(a)—
(a)
for “counsel or a solicitor” substitute “an authorised person”, and
(b)
for “his counsel or solicitor” substitute “that authorised person”.
59
In section 55 (interpretation of Part 3), in subsection (1) before the definitions
20
of “child” and “young person” insert—
““authorised person” means a person who, for the purposes of the
Legal Services Act 2007, is an authorised person in relation to an
activity which constitutes the exercise of a right of audience (within
the meaning of that Act);”.
25
60
In section 78 (procedure of Mental Health Review Tribunals), in subsection
(7) for “counsel or a solicitor” substitute “an authorised person (within the
meaning of Part 3)”.
County Courts Act 1984 (c. 28)
61
In section 147 of the County Courts Act 1984 (interpretation), in subsection
30
(1), in the definition of “legal representative” for “an authorised advocate” to
the end substitute “a person who, for the purposes of the Legal Services Act
2007, is an authorised person in relation to an activity which constitutes the
exercise of a right of audience or the conduct of litigation (within the
meaning of that Act);”.
35
Inheritance Tax Act 1984 (c. 51)
62
In section 219 of the Inheritance Tax Act 1984 (power to require
information)—
(a)
in subsection (3) for “barrister or solicitor” substitute “relevant
lawyer”,
40
(b)
in subsection (4) for “solicitor” (in both places) substitute “relevant
lawyer”, and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
335

(c)
after that subsection insert—
“(5)
In this section “relevant lawyer” means a barrister, advocate,
solicitor or other legal representative communications with
whom may be the subject of a claim to professional
privilege.”
5
Companies Act 1985 (c. 6)
63
In Schedule 15D of the Companies Act 1985 (disclosures)—
(a)
the existing paragraph 46 becomes sub-paragraph (1) of that
paragraph,
(b)
in that sub-paragraph for “solicitor, barrister” substitute “relevant
10
lawyer”, and
(c)
after that sub-paragraph insert—
    “(2)
“Relevant lawyer” means—
(a)
a person who, for the purposes of the Legal
Services Act 2007, is an authorised person in
15
relation to an activity which constitutes a reserved
legal activity (within the meaning of that Act),
(b)
a solicitor or barrister in Northern Ireland, or
(c)
a solicitor or advocate in Scotland.”
Prosecution of Offences Act 1985 (c. 23)
20
64
In section 15 of the Prosecution of Offences Act 1985 (interpretation), in
subsection (1), in the definition of “legal representative” for “an authorised
advocate” to the end substitute “a person who, for the purposes of the Legal
Services Act 2007, is an authorised person in relation to an activity which
constitutes the exercise of a right of audience or the conduct of litigation
25
(within the meaning of that Act);”.
Administration of Justice Act 1985 (c. 61)
65
The Administration of Justice Act 1985 is amended in accordance with
paragraphs 66 and 67.
66
In section 41 (application of disciplinary provisions to legal aid complaints
30
against barristers), in subsection (2) after “those provisions” insert “and
despite section 158 of the Legal Services Act 2007 (approved regulators not
to make provision for redress)”.
67
In section 69(2) (commencement) for “Secretary of State” substitute “Lord
Chancellor”.
35
Social Security Act 1986 (c. 50)
68
In section 56 of the Social Security Act 1986 (legal proceedings), in subsection
(1) omit “although not a barrister or solicitor”.
Building Societies Act 1986 (c. 53)
69
The Building Societies Act 1986 is amended in accordance with paragraphs
40
70 to 72.

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
336

70
In section 52 (powers to obtain information and documents etc)—
(a)
in subsection (8) for “barrister, solicitor or advocate” substitute
“relevant lawyer”, and
(b)
in subsection (13) after the definition of “approved” insert—
““relevant lawyer” means a barrister, advocate, solicitor
5
or other legal representative communications with
whom may be the subject of a claim to professional
privilege;”.
71
In section 67 (directors, etc, not to accept commission in connection with
loans), in subsection (7), in the definition of “solicitor” for “licensed
10
conveyancer” substitute “any person who, for the purposes of the Legal
Services Act 2007, is an authorised person in relation to an activity which
constitutes a reserved instrument activity (within the meaning of that Act)”.
72
In section 69 (disclosure and record of income of related businesses), in
subsection (17), in the definition of “solicitor” for “licensed conveyancer” to
15
the end substitute “any person who, for the purposes of the Legal Services
Act 2007, is an authorised person in relation to an activity which constitutes
a reserved instrument activity (within the meaning of that Act).”
Ministry of Defence Police Act 1987 (c. 4)
73
In section 4 of the Ministry of Defence Police Act 1987 (representation at
20
disciplinary proceedings)—
(a)
in subsection (2) for “either by counsel or by a solicitor” substitute
“by a relevant lawyer”,
(b)
in subsection (7) for “counsel or a solicitor” substitute “a relevant
lawyer”, and
25
(c)
after that subsection insert—
“(8)
In this section “relevant lawyer” means—
(a)
in relation to Scotland or Northern Ireland, counsel or
a solicitor, and
(b)
in relation to England and Wales, a person who, for
30
the purposes of the Legal Services Act 2007, is an
authorised person in relation to an activity which
constitutes the exercise of a right of audience (within
the meaning of that Act).”
Income and Corporation Taxes Act 1988 (c. 1)
35
74
In the Income and Corporation Taxes Act 1988, in section 778 (power to
obtain information)—
(a)
in subsection (3) for “solicitor” substitute “relevant lawyer”, and
(b)
after that subsection insert—
“(4)
In subsection (3) “relevant lawyer” means a barrister,
40
advocate, solicitor or other legal representative
communications with whom may be the subject of a claim to
professional privilege or, in Scotland, protected from
disclosure in legal proceedings on the grounds of
confidentiality of communication.”
45

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
337

Copyright, Designs and Patents Act 1988 (c. 48)
75
The Copyright, Designs and Patents Act 1988 is amended in accordance with
paragraphs 76 to 80.
76
In section 276 (persons entitled to describe themselves as patent agents)—
(a)
in subsection (1) for “registered patent agent” substitute “registered
5
patent attorney”, and
(b)
in subsection (4) for “agent” (in the second place) substitute
“attorney”.
77
In section 280 (privilege for communications with patent agents)—
(a)
in subsection (2) for “agent” (in both places) substitute “attorney”,
10
and
(b)
in subsection (3)—
(i)
for “agent” (in each place) substitute “attorney”, and
(ii)
for “agents” substitute “attorneys”.
78
In section 281 (power of comptroller to refuse to deal with certain agents) in
15
subsection (2) for “agents” (in both places) substitute “attorneys”.
79
In section 286 (interpretation)—
(a)
for “agent”” substitute “attorney””, and
(b)
for “(1)” substitute “(2)”.
80
Omit section 292 (rights and duties of registered patent agents in relation to
20
proceedings in patent county courts).
Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)
81
In section 1 of the Law of Property (Miscellaneous Provisions) Act 1989
(deeds and their execution)—
(a)
in subsection (5) for “a solicitor” (in the first place) to “conveyancer”
25
(in the second place) substitute “a relevant lawyer, or an agent or
employee of a relevant lawyer”, and
(b)
in subsection (6) for the definition of “duly certificated notary public”
substitute—
““relevant lawyer” means a person who, for the
30
purposes of the Legal Services Act 2007, is an
authorised person in relation to an activity which
constitutes a reserved instrument activity (within the
meaning of that Act).”
Companies Act 1989 (c. 40)
35
82
In section 87 of the Companies Act 1989 (exceptions from restrictions on
disclosure)—
(a)
in subsection (2), in paragraph (c)(i), for “solicitor” substitute
“relevant lawyer”, and
(b)
after that subsection insert—
40
“(2A)
In subsection (2)(c)(i) “relevant lawyer” means—
(a)
a person who, for the purposes of the Legal Services
Act 2007, is an authorised person in relation to an

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
338

activity which constitutes a reserved legal activity
(within the meaning of that Act),
(b)
a solicitor or barrister in Northern Ireland, or
(c)
a solicitor or advocate in Scotland.”
Courts and Legal Services Act 1990 (c. 41)
5
83
The Courts and Legal Services Act 1990 is amended in accordance with
paragraphs 84 to 101.
84
Omit the following provisions—
(a)
section 17 (the statutory objective and the general principle);
(b)
section 18 (the statutory duty);
10
(c)
section 18A (the Consultative Panel);
(d)
section 27 (rights of audience);
(e)
section 28 (rights to conduct litigation);
(f)
section 29 (authorised bodies);
(g)
section 31 (barristers and solicitors: rights of audience and rights to
15
conduct litigation);
(h)
section 31A (employed advocates).
85
In section 31B (advocates and litigators employed by Legal Services
Commission)—
(a)
for subsection (1) substitute—
20
“(1)
This section applies where a person—
(a)
is authorised by a relevant approved regulator (“the
regulator”) to carry on an activity which constitutes
the exercise of a right of audience or the conduct of
litigation, and
25
(b)
is employed by the Legal Services Commission, or by
any body established and maintained by that
Commission.
(1A)
Any rules of the regulator which fall within subsection (2)
shall not have effect in relation to that person.”,
30
(b)
in subsection (2)—
(i)
for “body” (in each place) substitute “regulator”, and
(ii)
for “rules of conduct” substitute “conduct rules”,
(c)
in subsection (3) for “body” substitute “regulator”, and
(d)
after subsection (3) insert—
35
“(4)
For the purposes of this section “relevant approved
regulator” is to be construed in accordance with section 20(3)
of the Legal Services Act 2007.”
86
In section 31C (change of authorised body)—
(a)
for subsection (1) substitute—
40
“(1)
Where a person—
(a)
has at any time been authorised by a relevant
approved regulator to exercise a right of audience
before a court in relation to proceedings of a
particular description, and
45

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
339

(b)
becomes authorised by another relevant approved
regulator to exercise a right of audience before that
court in relation to that description of proceedings,

any qualification regulations of the relevant approved
regulator mentioned in paragraph (b) which relate to that
5
right are not to have effect in relation to the person.”,
(b)
in subsection (2) for “the body” substitute “the relevant approved
regulator”,
(c)
in subsection (3) for “body” (in each place) substitute “relevant
approved regulator”, and
10
(d)
after that subsection insert—
“(4)
In this section “relevant approved regulator” is to be
construed in accordance with section 20(3) of the Legal
Services Act 2007.”
87
Omit sections 34 to 52 (extension of conveyancing services).
15
88
Omit sections 54 and 55 (preparation of probate papers etc).
89
In section 60 (regulation of right of Scottish and Northern Ireland lawyers to
practise in England and Wales)—
(a)
in subsection (1) for “Secretary of State” substitute “Lord
Chancellor”,
20
(b)
in subsection (2) for “Secretary of State” substitute “Lord
Chancellor”,
(c)
after subsection (2) insert—
“(2A)
Regulations may be made under this section only if—
(a)
the Legal Services Board has made a recommendation
25
under section 60A,
(b)
draft regulations were annexed to the
recommendation, and
(c)
the regulations are in the same form as, or a form not
materially different from, the draft regulations.”, and
30
(d)
in subsection (4) for “Secretary of State” substitute “Lord
Chancellor”.
90
After that section insert—
“60A
Procedural requirements relating to recommendations for the
purposes of section 60
35
(1)
Before making a recommendation under this section, the Legal
Services Board must publish a draft of—
(a)
the proposed recommendation, and
(b)
the proposed draft regulations.
(2)
The draft must be accompanied by a notice which states that
40
representations about the proposals may be made to the Board
within a specified period.
(3)
Before making the recommendation, the Board must have regard to
any representations duly made.
(4)
If the draft regulations to be annexed to the recommendation differ
45
from the draft regulations published under subsection (1)(b) in a way

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
340

which is, in the opinion of the Board, material, the Board must,
before making the recommendation, publish the draft
recommendations along with a statement detailing the changes
made and the reasons for the changes.”
91
Omit section 63 (legal professional privilege).
5
92
Omit section 69 (exemption from liability for damages etc).
93
Omit section 70 (offences).
94
In section 71 (qualification for judicial and certain other appointments)—
(a)
in subsection (4) for “granted by an authorised body” substitute
“exercisable by virtue of an authorisation given by a relevant
10
approved regulator”,
(b)
in subsection (6) for “the authorised body concerned” substitute “the
relevant approved regulator”, and
(c)
after that subsection insert—
“(6A)
In this section “relevant approved regulator” is to be
15
construed in accordance with section 20(3) of the Legal
Services Act 2007.”
95
In section 75 (judges etc barred from legal practice), after paragraph (b)
insert—
“(ba)
carry on any notarial activities (within the meaning of the
20
Legal Services Act 2007);”.
96
Omit section 113 (administration of oaths and taking of affidavits).
97    (1)
Section 119 (interpretation) is amended as follows.
      (2)
In subsection (1) omit the following definitions—
“authorised advocate”
25
“authorised body” and “appropriate authorised body”
“authorised litigator”
“authorised practitioner”
“Consultative Panel”
“duly certificated notary public”
30
“the general principle”
“qualified person”
“the statutory objective”.
      (3)
In that subsection, for the definition of “court” substitute—
““court” has the same meaning as in the Legal Services Act 2007
35
(see section 208 of that Act);”.
      (4)
In that subsection, for the definition of “qualification regulations” and “rules
of conduct” substitute—
““qualification regulations” and “conduct rules”, in relation to a
body, have the same meaning as in the Legal Services Act
40
2007 (see section 21 of that Act);”.
      (5)
In that subsection, in the definition of “right to conduct litigation”—
(a)
in paragraph (a) after “court” insert “in England and Wales”,