Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 22 — Transitional provision
359

list of persons in subsection (2) of that section included a legal partnership
(within the meaning of paragraph 7 of Schedule 5).
      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which section 44B of the Solicitors Act 1974
(as substituted by Schedule 16) comes into force, and
5
(b)
ends with the day appointed for the coming into force of section 13
(entitlement to carry on a reserved legal activity).
14    (1)
During the transitional period, section 69 of the Solicitors Act 1974 (action to
recover solicitor’s costs) has effect as if—
(a)
after subsection (2A)(a) of that section there were inserted—
10
“(aa)
in a case where the costs are due to a firm, signed by
a partner of the firm, either in his own name or in the
name of the firm, or on his behalf by any employee of
the firm authorised by him to sign, or”, and
(b)
in subsection (2A)(b), after “paragraph (a)” there were inserted “or
15
(aa)”.
      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which subsections (2) to (2F) of that section
(as substituted by Schedule 16) come into force, and
(b)
ends with the day appointed for the coming into force of section 13
20
(entitlement to carry on a reserved legal activity).
      (3)
This paragraph does not apply in relation to section 69 of the Solicitors Act
1974 as it has effect by virtue of paragraph 29 of Schedule 2 to the
Administration of Justice Act 1985.
Recognised bodies
25
15    (1)
During the transitional period, any reference in sections 9, 9A, 32 or 32A of,
or Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61)
(recognition of legal services bodies and conveyancing services bodies) to an
authorised person is to be read as a reference to—
(a)
a person who has in force a certificate issued by the General Council
30
of the Bar authorising the person to practise as a barrister,
(b)
a person who is qualified under section 1 of the Solicitors Act 1974
(c. 47) to act as a solicitor,
(c)
a recognised body under section 9 of the Administration of Justice
Act 1985,
35
(d)
a registered European lawyer (within the meaning of the European
Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119)),
(e)
a person who has in force a certificate issued by the Institute of Legal
Executives authorising the person to practise as a legal executive,
(f)
licensed conveyancers (within the meaning of section 11(2) of the
40
Administration of Justice Act 1985),
(g)
a recognised body under section 32 of that Act (other than a
licensable body),
(h)
a duly certificated notary (within the meaning of paragraph 12(4) of
Schedule 5),
45
(i)
a person who, by virtue of paragraph 13 of Schedule 5, is an exempt
person in relation to the carrying on of an activity which is a notarial
activity,

Legal Services Bill [HL]
Schedule 22 — Transitional provision
360

(j)
a registered patent attorney within the meaning given by section
275(1) of the Copyright, Designs and Patents Act 1988 (c. 48),
(k)
a patent attorney body (within the meaning of paragraph 14(7) of
Schedule 5), other than a licensable body,
(l)
a registered trade mark attorney within the meaning of the Trade
5
Marks Act 1994 (c. 26),
(m)
a trade mark attorney body (within the meaning of paragraph 16(7)
of Schedule 5), other than a licensable body,
(n)
an authorised member of the Association of Law Costs Draftsmen
(within the meaning of paragraph 17(2) of Schedule 5), or
10
(o)
a person who, by virtue of paragraph 18 of Schedule 5, is an exempt
person in relation to the carrying on of an activity which is a reserved
legal activity within sub-paragraph (2) of that paragraph.
      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which sections 9, 9A, 32 and 32A of the
15
Administration of Justice Act 1985 (c. 61) (as amended and
substituted by Schedules 16 and 17) come into force, and
(b)
ends with the day appointed for the coming into force of section 13
(entitlement to carry on a reserved legal activity).
Functions transferred to the Lord Chancellor
20
16    (1)
This paragraph applies where, by virtue of an amendment made to an
enactment by this Act, a function of the Secretary of State is transferred to the
Lord Chancellor.
      (2)
In this paragraph such a function is referred to as a “transferred function”.
      (3)
Any subordinate legislation made by the Secretary of State in exercise of a
25
transferred function is to have effect as if made or done by the Lord
Chancellor.
      (4)
So far as is appropriate in consequence of the transfer, anything else done by
the Secretary of State in exercise of a transferred function is to be treated as
if done by the Lord Chancellor.
30

Legal Services Bill [HL]
Schedule 23 — Repeals
361

Schedule 23
Section 211

Repeals

Short title and chapter
Extent of repeal

Public Notaries Act 1801 (c. 79)
In section 1, “, or use and exercise the office of a

notary, or do any notarial act,”.

5

In section 14, from “proctor” to “any other”.

Public Notaries Act 1843 (c. 90)
Section 10.

Commissioners for Oaths Act
In section 1(3), from “in which” (in the first

1889 (c. 10)
place) to “solicitor, or”.

Children and Young Persons
In section 49(11), the definition of “legal

10

Act 1933 (c. 12)
representative”.

Public Records Act 1958 (c. 51)
In Schedule 1, “The Legal Services

Ombudsman.”

Parliamentary Commissioner
In Schedule 2, “Authorised Conveyancing

Act 1967 (c. 13)
Practitioners Board.” and “The Legal Services

15

Complaints Commissioner.”

Superannuation Act 1972 (c. 11)
In Schedule 1, “Employment by the Legal

Services Ombudsman” and “The office of the

Legal Services Ombudsman”.

Poisons Act 1972 (c. 66)
In section 9(7), “notwithstanding that he is not

20

of counsel or a solicitor”.

Solicitors Act 1974 (c. 47)
In section 1A—

(a)
“or” at the end of paragraph (b), and

(b)
in paragraph (c) “by the Council of the

Law Society”.

25

In section 2—

(a)
in subsection (1), “, with the concurrence

of the Secretary of State, the Lord Chief

Justice and the Master of the Rolls,”,

(b)
in subsection (3)(a)(i), “, whether by

30

service under articles or otherwise,”,

(c)
in subsection (3)(a)(v), “articles may be

discharged or”, and

(d)
subsections (4) and (5).

Section 6(2) to (4).

35

Section 8(5).

Section 12.

Section 12A.

Section 14.

In section 17(1) and (2), “in the London

40

Gazette”.

Section 19.

Sections 22 to 23.

In section 26, “, 22 or 23”.

Section 27.

45

Legal Services Bill [HL]
Schedule 23 — Repeals
362

Short title and chapter
Extent of repeal

Solicitors Act 1974 (c. 47)—cont.
In section 28—

(a)
in subsection (1), “, with the concurrence

of the Secretary of State and the Lord

Chief Justice,”,

5

(b)
in subsection (1)(c), “and applications for

them”,

(c)
subsections (2) and (3),

(d)
in subsection (3A), the “and” at the end

of paragraph (b), and

10

(e)
subsections (4) and (5).

In section 31—

(a)
in subsection (1) “, with the concurrence

of the Master of the Rolls,”, and

(b)
subsections (3) and (4).

15

In section 32(1)—

(a)
“, with the concurrence of the Master of

the Rolls,”, and

(b)
from “and the rules” to the end.

Section 32(2).

20

In section 32(4) “or (2)”.

Section 32(6).

In section 33(2), “and the rules” to the end.

In section 33A(1) “, with the concurrence of the

Master of the Rolls,”.

25

Section 34(7) and (8).

Section 37A.

Section 40.

Section 41(5).

In section 43(5)—

30

(a)
“by any solicitor”, and

(b)
from “but” to the end.

Section 46(6) to (8).

In section 46(9) “, with the concurrence of the

Master of the Rolls,”.

35

In section 47—

(a)
in subsection (2)(c), “not exceeding

£5,000”, and

(b)
subsections (4) and (5).

In section 49(4) “and the Master of the Rolls”.

40

Section 49(7).

Section 70(11).

Sections 76 to 78.

Section 80(2).

Sections 81 and 81A.

45

In section 87(1) the definitions of—

(a)
“articles”,

(b)
“controlled trust”,

(c)
“duly certificated notary public”,

(d)
“employee”,

50

(e)
“indemnity conditions”,

(f)
“replacement date”, and

(g)
“training conditions”.

Legal Services Bill [HL]
Schedule 23 — Repeals
363

Short title and chapter
Extent of repeal

Solicitors Act 1974 (c. 47)—cont.
Section 89(7).

In Schedule 1—

(a)
in paragraph 1(1)(h), “sole”, and

(b)
paragraph 1(2).

5

Schedule 1A.

Schedule 2.

In Schedule 3, paragraph 9.

House of Commons
In Part 2 of Schedule 1, “The Authorised

Disqualification Act 1975
Conveyancing Practitioners Board.”

10

(c. 24)
In Part 3 of Schedule 1, “The Legal Services

Complaints Commissioner.” and “The Legal

Services Ombudsman.”

Northern Ireland Assembly
In Part 2 of Schedule 1, “The Authorised

Disqualification Act 1975
Conveyancing Practitioners Board.”

15

(c. 25)
In Part 3 of Schedule 1, “The Legal Services

Complaints Commissioner.” and “The Legal

Services Ombudsman.”

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, “The Legal Services

Consultative Panel.”

20

Patents Act 1977 (c. 37)
Section 102A.

Solicitors (Scotland) Act 1980
Section 3A(5)(a) and (ad).

(c. 46)
Section 15(2)(j).

In section 20(2) “, 53A(2)(ba)”.

Section 24C(2)(i).

25

Section 34(4), (4C) and (4D).

Sections 38, 39, 42A and 42B.

In section 42C(1)—

(a)
paragraphs (a) and (c),

(b)
“to the solicitor or his firm or”, and

30

(c)
“or, where” to the end.

In section 42C(2)(a) and (b) “solicitor, firm or”

(in each place).

In section 42C(3)—

(a)
in paragraph (a) “the solicitor or his firm

35

or, as the case may be,”, and

(b)
in paragraph (b) from “of which the

solicitor” to “be,”.

In section 42C(4) “38,” (in each place).

Section 42C(5).

40

In section 51(2)—

(a)
“a solicitor may have been guilty” to

“Fund) or”, and

(b)
“or a solicitor” to “services”.

Section 51(2A).

45

In section 52(2)(aa) “42A(7) or”.

Section 53(3), (10) and (11).

Sections 53A, 53B and 53C.

Section 54(1), (2B) and (2C).

Section 55(8).

50

Section 56A.

In section 62A(1) and (2) “38,” (in each place).

Legal Services Bill [HL]
Schedule 23 — Repeals
364

Short title and chapter
Extent of repeal

Solicitors (Scotland) Act 1980
In section 65—

(c. 46)—cont.
(a)
in subsection (1), the definition of

“inadequate professional services”, and

(b)
subsection (5).

5

In Schedule 3, in Part 2, in paragraph 5(1), (2)

and (3) “38,” (in each place).

In Schedule 4, in Part 2—

(a)
in paragraph 9(a) and (b) “or, as the case

may be, of provision of inadequate

10

professional services” (in each place),

(b)
paragraph 16(f) and (g), and

(c)
in paragraph 23 “, 42A(7)”.

In the side-note to section 62A “38,”.

Mental Health Act 1983 (c. 20)
In Schedule 4, paragraph 38(a).

15

County Courts Act 1984 (c. 28)
In Schedule 2, paragraph 49.

Prosecution of Offences Act
Section 4(6).

1985 (c. 23)

Administration of Justice Act
Section 2.

1985 (c. 61)
Section 4.

20

Sections 6 and 7.

In section 9—

(a)
in subsection (1)(c) “corporate”,

(b)
subsection (4),

(c)
in subsection (5) “corporate”,

25

(d)
in subsection (8) the definition of

“officer”, and in the definition of

“recognised body”, “corporate”, and

(e)
subsection (9).

In section 10—

30

(a)
in subsection (1) “corporate” (in both

places), and

(b)
in subsection (2) “corporate”.

Section 11(4).

Section 12(2).

35

Section 15(7) and (8).

In section 20(1) “, in pursuance of its general

duty referred to in section 12(2),”.

In section 22(3)(a) “qualified”.

In section 24—

40

(a)
in subsection (1), paragraph (b) and the

“or” immediately preceding it,

(b)
in that subsection the words from “with

a view” to the end,

(c)
subsection (2),

45

(d)
in subsection (3), “or (2)”, “or complaint”

(in both places) and “or paragraph (b)”,

and

(e)
in subsection (5), “or complaint” (in both

places).

50

Section 26(2)(g), (5) and (6).

Legal Services Bill [HL]
Schedule 23 — Repeals
365

Short title and chapter
Extent of repeal

Administration of Justice Act
In section 29(1), “or” at the end of paragraph (b).

1985 (c. 61)—cont.
In section 31—

(a)
in subsection (2), “or complaint” (in each

place) and “or paragraph (b)”, and

5

(b)
in subsection (4), “or complaint”.

In section 32—

(a)
in subsection (2) “corporate”,

(b)
subsection (3)(d),

(c)
in subsection (3)(e) “corporate”,

10

(d)
subsections (4) and (5), and

(e)
in subsection (6)(a) “corporate”.

Section 34(2)(c) to (e).

In section 35(2)—

(a)
in paragraph (a) “corporate”, and

15

(b)
the “and” at the end of paragraph (b).

Section 38(1).

In section 39(1)—

(a)
in the definition of “client”, in paragraph

(a) “or his firm”,

20

(b)
the definitions of “director” and

“officer”, and

(c)
in the definition of “recognised body”,

“corporate”.

In Schedule 1 paragraphs 5, 8(3), 9 and 14.

25