Legal Services Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
341

(b)
for “and” at the end of that paragraph substitute—
“(aa)
to commence, prosecute and defend such
proceedings; and”.
      (6)
In subsection (3) for from “(including” to the end substitute “to conduct rules
includes a reference to practice rules (within the meaning of the Legal
5
Services Act 2007 (see section 21 of that Act)).”
98
In section 120 (regulations and orders) omit—
(a)
in subsection (4) —
(i)
“26(1), 37(10), 40(1)”, and
(ii)
from “paragraph 24” to “Schedule 9”, and
10
(b)
subsection (5).
99
In section 125 (power to make provision consequential on provision made
by Part 2 of Administration of Justice Act 1985 etc)—
(a)
in subsection (4) for “Secretary of State” substitute “Lord
Chancellor”, and
15
(b)
for subsection (5) substitute—
“(5)
In subsection (4)—
(a)
“relevant enactments” means such enactments or
instruments passed or made before or in the same
Session as the Legal Services Act 2007 was passed as
20
may be specified in the order, and
(b)
the reference to Part 2 is a reference to that Part as
amended by that Act or any enactment or instruments
passed or made before or in the same Session as that
Act was passed.”
25
100
Omit the following provisions—
(a)
Schedule 4 (authorised bodies);
(b)
Schedule 5 (the Authorised Conveyancing Practitioners Board);
(c)
Schedule 6 (the Conveyancing Appeals Tribunals);
(d)
Schedule 7 (the Conveyancing Ombudsman Scheme);
30
(e)
in Part 2 of Schedule 8 (amendments of provisions relating to powers
of Conveyancing Licensing Council etc), paragraphs 14 to 20 and
21(1)(b);
(f)
Schedule 9 (probate).
101
In paragraph 17 of Schedule 19 (revocation of appointment under section
35
1(1) of the Commissioners for Oaths Act 1889) for “Secretary of State”
substitute “Lord Chancellor”.
Environmental Protection Act 1990 (c. 43)
102
In section 114 (appointment etc of inspectors), in subsection (4) omit “,
although not of counsel or a solicitor,”.
40
Friendly Societies Act 1992 (c. 40)
103
In section 62 of the Friendly Societies Act 1992 (powers to obtain information
and documents etc)—

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
342

(a)
in subsection (7), for paragraphs (a) and (b) substitute—
“(a)
by a relevant lawyer of a document or material
contained in a privileged communication or, in
Scotland, a communication which is protected from
disclosure on the ground of confidentiality, made by
5
or to the relevant lawyer in that capacity or the
furnishing of information contained in such
communication so made;”, and
(b)
in subsection (12), at the end insert “; and
“relevant lawyer” means a barrister, advocate, solicitor
10
or other legal representative communications with
whom may be the subject of a claim to professional
privilege or, in Scotland, be protected from disclosure
in legal proceedings on grounds of confidentiality of
communication.”
15
Trade Union and Labour Relations Consolidation Act 1992 (c.52)
104
The Trade Union and Labour Relations Consolidation Act 1992 is amended
in accordance with paragraphs 105 to 107.
105
In section 194 (offence of failure to notify), in subsection (2) omit “, although
not of counsel or a solicitor,”.
20
106
In section 216 (constitution and proceedings of court of inquiry)—
(a)
in subsection (6) for “counsel or solicitor” (in both places) substitute
“a relevant lawyer”, and
(b)
after subsection (6) insert—
“(7)
In subsection (6) “relevant lawyer” means—
25
(a)
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, or
30
(b)
an advocate or solicitor in Scotland.”
107
In section 288 (restriction on contracting out), in subsection (4B)(a) for “a
barrister” (in the first place) 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
35
conduct of litigation (within the meaning of that Act), and”.
Finance Act 1993 (c. 34)
108
In Schedule 21 of the Finance Act 1993 (oil taxation)—
(a)
the existing paragraph 7 becomes sub-paragraph (1) of that
paragraph,
40
(b)
in that sub-paragraph for “barrister, advocate or a solicitor”
substitute “relevant lawyer”, and
(c)
after that sub-paragraph insert—
    “(2)
“Relevant lawyer” means a barrister, advocate, solicitor or
other legal representative communications with whom
45
may be the subject of a claim to professional privilege.”

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
343

Trade Marks Act 1994 (c. 26)
109
The Trade Marks Act 1994 is amended in accordance with paragraphs 110 to
115.
110
In section 52 (power to make provision in connection with Community trade
mark regulation), in subsection (3)(b) for “trade mark agents and registered
5
trade mark agents” substitute “trade mark attorneys and registered trade
mark attorneys”.
111
In section 84 (unregistered persons not to be described as registered trade
mark agents)—
(a)
in subsection (1)—
10
(i)
for “agent” (in the first place) substitute “attorney”,
(ii)
in paragraph (a) after “agent”” insert “or registered trade
mark attorney”, and
(iii)
in paragraph (b) after “agent” insert “or a registered trade
mark attorney”,
15
(b)
in subsection (2)—
(i)
in paragraph (a) after “agent”” insert “or registered trade
mark attorney”, and
(ii)
in paragraph (b) after “agents”” insert “or registered trade
mark attorneys”, and
20
(c)
in subsection (3)—
(i)
in paragraph (a) after “agent”” insert “or registered trade
mark attorney”, and
(ii)
in paragraph (b) after “agent” insert “or a registered trade
mark attorney”.
25
112
In section 86 (use of the term “trade mark attorney”) in subsection (1) for
“agent” substitute “attorney”.
113
In section 87 (privilege for communications with registered trade mark
agents)—
(a)
in subsection (2) for “agent” (in both places) substitute “attorney”,
30
and
(b)
in subsection (3)—
(i)
for “agent” (in each place) substitute “attorney”, and
(ii)
for “agents” substitute “attorneys”.
114
In section 88 (power of registrar to refuse to deal with certain agents)—
35
(a)
in paragraph (b) for “agents” substitute “attorneys”, and
(b)
in paragraph (c) for “agents” substitute “attorneys”.
115
In section 104 (index of defined expressions, in the entry for “registered trade
mark agent”—
(a)
for “agent” substitute “attorney”, and
40
(b)
for “(1)” substitute “(2)”.
Criminal Justice and Public Order Act 1994 (c. 33)
116
In section 38 of the Criminal Justice and Public Order Act 1994
(interpretation and savings for sections 34 to 37 of that Act) in subsection (1),
in the definition of “legal representative” for “an authorised advocate” to the
45

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
344

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); and”.
Environment Act 1995 (c. 25)
5
117
In section 54 of the Environment Act 1995 (appearance in legal proceedings),
omit “although not of counsel or a solicitor”.
Disability Discrimination Act 1995 (c. 50)
118
In Part 1 of Schedule 3A to the Disability Discrimination Act 1995 (validity
and revision of contracts), in paragraph 2(5)(a) for “a barrister” (in the first
10
place) 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); and”.
Employment Rights Act 1996 (c. 18)
15
119
In section 203 of the Employment Rights Act 1996 (restrictions on
contracting out), in subsection (4)(a) for “a barrister” (in the first place) 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
20
meaning of that Act), and”.
Family Law Act 1996 (c. 27)
120
In Schedule 4 of the Family Law Act 1996—
(a)
for paragraph 1 substitute—
“1
In this Schedule “legal representative” means a person
25
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).”,
(b)
in paragraph 3(3) for “solicitor” substitute “legal representative”, and
30
(c)
in paragraph 5(2)(a) for “solicitor” substitute “legal representative”.
Civil Procedure Act 1997 (c. 12)
121
In section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule
Committee)—
(a)
in subsection (2), in paragraph (f) for from “granted” to “right”
35
substitute “authorised by a relevant approved regulator”, and
(b)
after that subsection insert—
“(2A)
In subsection (2)(f) “relevant approved regulator” is to be
construed in accordance with section 20(3) of the Legal
Services Act 2007.”
40

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
345

Sexual Offences (Protected Material) Act 1997 (c. 39)
122
In section 2 of the Sexual Offences (Protected Material) Act 1997 (meaning of
other expressions), in subsection (1) in the definition of “legal
representative” for “any authorised advocate” to “Act 1990)” substitute “a
person who, for the purposes of the Legal Services Act 2007, is an authorised
5
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) and
who is”.
National Minimum Wage Act 1998 (c. 39)
123
The National Minimum Wage Act 1998 is amended in accordance with
10
paragraphs 124 and 125.
124
In section 33 (proceedings for offences)—
(a)
in subsection (1) omit paragraph (a), and
(b)
after that subsection insert—
“(1A)
The persons who may conduct proceedings for an offence
15
under this Act in England and Wales, before a magistrates’
court, shall include any person authorised for the purpose by
the Secretary of State.”
125
In section 49 (restrictions on contracting out) for subsection (7)(a)
substitute—
20
“(a)
as regards England and Wales, 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);”.
25
Access to Justice Act 1999 (c. 22)
126
The Access to Justice Act 1999 is amended in accordance with paragraphs
127 to 130.
127
In section 16(4) (code of conduct) after “consult” insert “the Legal Services
Board,”.
30
128
In section 44 (barristers employed by solicitors)—
(a)
in subsection (1)—
(i)
omit “is employed by”,
(ii)
for paragraphs (a) and (b) substitute—
“(a)
is employed by an authorised person, or
35
(b)
is a manager of such a person,”, and
(iii)
for “his employer” substitute “the authorised person of
which the barrister is an employee or a manager”,
(b)
in subsection (2) after “employees” insert “or managers of an
authorised person”, and
40
(c)
after that subsection insert—
“(3)
In this section—
“authorised person” means a person who, for the
purposes of the Legal Services Act 2007, is an

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
346

authorised person in relation to an activity which is a
reserved legal activity (within the meaning of that
Act), and
“manager” has the same meaning as in that Act (see
section 208 of that Act).”
5
129
In section 45 (fees on application for appointment as Queen’s Counsel), in
subsections (1) and (2) for “Secretary of State” (in each place) substitute
“Lord Chancellor”.
130
In section 46 (Bar practising certificates)—
(a)
omit subsection (2)(b) and the “but” immediately preceding it, and
10
(b)
omit subsections (3) to (6).
Youth Justice and Criminal Evidence Act 1999 (c. 23)
131
In section 63 of the Youth Justice and Criminal Evidence Act 1999 (general
interpretation etc of Part 2), in subsection (1), in the definition of “legal
representative” for “any authorised advocate” to the end substitute “a
15
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);”.
Criminal Justice and Court Services Act 2000 (c. 43)
132
In section 15 of the Criminal Justice and Court Services Act 2000 (right to
20
conduct litigation and right of audience)—
(a)
in subsection (2) for “section 28(2)(a) of the Courts and Legal Services
Act 1990” substitute “the fact that he is a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in
relation to that activity”, and
25
(b)
in subsection (3) for “section 27(2)(a) of the Courts and Legal Services
Act 1990” substitute “the fact that he is a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in
relation to that activity”.
Finance Act 2002 (c. 23)
30
133
The Finance Act 2002 is amended in accordance with paragraphs 134 and
135.
134
In Schedule 34 (stamp duty: withdrawal of group relief: supplementary
provisions), in paragraph 10—
(a)
in sub-paragraph (2) for “A barrister or solicitor” substitute “A
35
relevant lawyer”, and
(b)
after that sub-paragraph insert—
   “(2A)
“Relevant lawyer” means a barrister, advocate, solicitor or
other legal representative communications with whom
may be the subject of a claim to professional privilege.”
40
135
In Schedule 35 (stamp duty: withdrawal of relief for company acquisitions:
supplementary provisions), in paragraph 11—
(a)
in sub-paragraph (2) for “A barrister or solicitor” substitute “A
relevant lawyer”, and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
347

(b)
after that sub-paragraph insert—
   “(2A)
“Relevant lawyer” means a barrister, advocate, solicitor or
other legal representative communications with whom
may be the subject of a claim to professional privilege.”
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
5
136
In section 343 of the Income Tax (Earnings and Pensions) Act 2003
(deduction for professional membership fees), in the table in subsection
(2)—
(a)
for “patent agent” and “patent agents” (in each place) substitute
“patent attorney” and “patent attorneys” respectively, and
10
(b)
for “trade mark agent” and “trade mark agents” (in each place)
substitute “trade mark attorney” and “trade mark attorneys”
respectively.
Finance Act 2003 (c. 14)
137
In Schedule 13 to the Finance Act 2003 (stamp duty land tax: information
15
powers)—
(a)
in paragraph 22, in sub-paragraphs (1) and (2), for “barrister,
advocate or solicitor” substitute “relevant lawyer”,
(b)
after sub-paragraph (2) of that paragraph insert—
    “(3)
“Relevant lawyer” means a barrister, advocate, solicitor or
20
other professional legal adviser communications with
whom may be the subject of a claim to legal privilege.
      (4)
“Legal privilege” here has the same meaning as in
paragraph 35 of this Schedule.”, and
(c)
in paragraph 25 for “barrister, advocate or solicitor” substitute
25
“relevant lawyer (within the meaning of paragraph 22(3))”.
Licensing Act 2003 (c. 17)
138
The Licensing Act 2003 is amended in accordance with paragraphs 139 and
140.
139
In section 58 (meaning of “certified copy” in section 57 of that Act), after
30
subsection (3) insert—
“(4)
In this section “notary” means a person (other than a solicitor) who,
for the purposes of the Legal Services Act 2007, is an authorised
person in relation to any activity which constitutes a notarial activity
(within the meaning of that Act).”
35
140
In section 95 (meaning of “certified copy” in section 94 of that Act), after
subsection (3) insert—
“(4)
In this section “notary” means a person (other than a solicitor) who,
for the purposes of the Legal Services Act 2007, is an authorised
person in relation to any activity which constitutes a notarial activity
40
(within the meaning of that Act).”