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Legal Services Bill [HL]


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

348

 

Courts Act 2003 (c. 39)

141        

The Courts Act 2003 is amended in accordance with paragraphs 142 and 143.

142        

In section 70 (Criminal Procedure Rule Committee)—

(a)   

in subsection (2), in paragraph (i)(i) for from “granted” to “right”

substitute “authorised by a relevant approved regulator”, and

5

(b)   

after that subsection insert—

“(2A)   

In subsection (2)(i)(i) “relevant approved regulator” is to be

construed in accordance with section 20(3) of the Legal

Services Act 2007.”

143   (1)  

Section 77 (Family Procedure Rule Committee) is amended as follows.

10

      (2)  

In subsection (2)—

(a)   

in paragraph (k) for from “granted” to “right” substitute “authorised

by a relevant approved regulator”,

(b)   

in paragraph (l) for “granted that right” substitute “authorised”, and

(c)   

in paragraph (m) for “granted that right” substitute “authorised”.

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      (3)  

For subsection (5)(b) substitute—

“(b)   

is a relevant approved regulator in relation to the exercise of

a right of audience or the conduct of litigation (or both).”

      (4)  

After subsection (7) insert—

“(8)   

In this section “relevant approved regulator” is to be construed in

20

accordance with section 20(3) of the Legal Services Act 2007.”

Criminal Justice Act 2003 (c. 44)

144        

The Criminal Justice Act 2003 is amended in accordance with paragraphs

145 to 147.

145        

In section 56 (interpretation of Part 8), in subsection (1), in the definition of

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“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),”.

146        

In section 159 (disclosure of pre-sentence reports etc), in subsection (2)(a) for

30

“counsel or solicitor” substitute “legal representative”.

147        

In section 160 (other reports of local probation boards and members of youth

offending teams) in subsection (2)(a) for “counsel or solicitor” substitute

“legal representative”.

Children Act 2004 (c. 31)

35

148        

In section 37 of the Children Act 2004 (Welsh family proceedings officers)—

(a)   

in subsection (2) for “section 28(2)(a) of the Courts and Legal Services

Act 1990 (c 41)” 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

40

(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

 

 

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

349

 

purposes of the Legal Services Act 2007, is an authorised person in

relation to that activity”.

Civil Partnership Act 2004 (c. 33)

149        

In section 42 of the Civil Partnership Act 2004 (attempts at reconciliation of

civil partners) in subsection (2) for “solicitor” substitute “legal

5

representative”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

150        

In section 13 of the Public Ombudsman (Wales) Act 2005 (investigations by

Ombudsman)—

(a)   

in subsection (4)(b), for “counsel, solicitor” substitute “an authorised

10

person”, and

(b)   

after subsection (4) insert—

“(4A)   

In subsection (4) “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

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the exercise of a right of audience or the conduct of litigation

(within the meaning of that Act).”

Equality Act 2006 (c. 3)

151        

In Schedule 2 to the Equality Act 2006 (representations to Commission in

relation to inquiry etc.), in paragraph 8—

20

(a)   

in sub-paragraph (2)(b), for “a barrister, an advocate or a solicitor”

substitute “a relevant lawyer”, and

(b)   

after sub-paragraph (2) insert—

   “(2A)  

“Relevant lawyer” means—

(a)   

an advocate or solicitor in Scotland, or

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(b)   

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).”

30

Natural Environment and Rural Communities Act 2006 (c. 16)

152        

In section 12(2) of the Natural Environment and Rural Communities Act

2006 (power to bring criminal proceedings) omit “even though he is not a

barrister or solicitor”.

National Health Service Act 2006 (c. 41)

35

153        

In section 194(4) of the National Health Service Act 2006 (conduct of

proceedings under section 194) omit “, although he is not a barrister or

solicitor,”.

 

 

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

350

 

National Health Service (Wales) Act 2006 (c. 42)

154        

In section 142(4) of the National Health Service (Wales) Act 2006 (conduct of

proceedings under section 142) omit “, although he is not a barrister or

solicitor,”.”

Companies Act 2006 (c. 46)

5

155        

In Schedule 2 to the Companies Act 2006 (exceptions from restrictions on

disclosure), in paragraph 67—

(a)   

for “solicitor, barrister, advocate” substitute “relevant lawyer”, and

(b)   

for ““Foreign lawyer”” to the end substitute—

           

“In this paragraph—

10

“foreign lawyer” means a person (other than a

relevant lawyer) who is a foreign lawyer within the

meaning of section 89(9) of the Courts and Legal

Services Act 1990;

“relevant lawyer” means—

15

(a)   

a person who, for the purposes of the Legal

Services Act 2007, is an authorised person

in relation to an activity which constitutes a

reserved legal activity (within the meaning

of that Act),

20

(b)   

a solicitor or barrister in Northern Ireland,

or

(c)   

a solicitor or advocate in Scotland.”

Income Tax Act 2007 (c. 3)

156        

The Income Tax Act 2007 is amended in accordance with paragraphs 157 to

25

160.

157        

In section 748 (power to obtain information)—

(a)   

in subsection (4) for “solicitor” substitute “relevant lawyer”,

(b)   

after that subsection insert—

“(4A)   

In this section “relevant lawyer” means a barrister, advocate,

30

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 grounds of confidentiality of

communication.”, and

35

(c)   

in subsection (5) for “solicitors” substitute “relevant lawyers”.

158        

In section 749 (restrictions on particulars to be provided by solicitors)—

(a)   

in the heading for “solicitors” substitute “relevant lawyers”,

(b)   

for “solicitor” (in each place) substitute “relevant lawyer”, and

(c)   

for subsection (7) substitute—

40

“(7)   

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

 

 

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

351

 

privilege or, in Scotland, protected from disclosure in

legal proceedings on grounds of confidentiality of

communication;

“settlement” and “settlor” have the meanings given by

section 620 of ITTOIA 2005.”

5

159        

In section 771 (power to obtain information)—

(a)   

in subsections (5) and (6) for “solicitor” (in each place) substitute

“relevant lawyer”, and

(b)   

after subsection (6) insert—

“(7)   

In this section “relevant lawyer” means a barrister, advocate,

10

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 grounds of confidentiality of

communication.”

15

160        

In section 788 (power to obtain information)—

(a)   

in subsections (5) and (6) for “solicitor” (in each place) substitute

“relevant lawyer”, and

(b)   

after subsection (6) insert—

“(7)   

In this section “relevant lawyer” means a barrister, advocate,

20

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 grounds of confidentiality of

communication.”

25

Tribunals, Courts and Enforcement Act 2007 (c. )

161   (1)  

Section 51 of the Tribunals, Courts and Enforcement Act 2007 (meaning of

“relevant qualification”) is amended as follows.

      (2)  

In subsection (2), for from “awarded” to the end substitute “awarded by a

body which, for the purposes of the Legal Services Act 2007, is an approved

30

regulator in relation to the exercise of a right of audience or the conduct of

litigation (within the meaning of that Act).”

      (3)  

In subsection (4)—

(a)   

in paragraph (b), for “(2)(b)” substitute “(2)”,

(b)   

in paragraph (c), for from “the body” to “of that Act” substitute “, for

35

the purposes of the Legal Services Act 2007, the body—

(i)   

is not an approved regulator in relation to the

exercise of a right of audience (within the

meaning of that Act), and

(ii)   

is not an approved regulator in relation to the

40

conduct of litigation (within the meaning of

that Act,”, and

(c)   

for from “paragraph 33(1)” to the end substitute “section 46 of the

Legal Services Act 2007 (transitional etc. provision in consequence of

cancellation of designation as approved regulator).”

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