Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 23 — Repeals
366

Short title and chapter
Extent of repeal

Administration of Justice Act
In Schedule 2—

1985 (c. 61)—cont.
(a)
in paragraph 1(1) “corporate”,

(b)
in paragraph 1(2)—

(i)
paragraph (b) and the “or”

5

immediately preceding it,

(ii)
“corporate”, and

(iii)
“or application”,

(c)
paragraph 1(3),

(d)
in paragraph 1(4) from “, and for those

10

purposes” to the end,

(e)
paragraph 4(2),

(f)
paragraphs 11, 12 and 13,

(g)
in paragraph 16(1), in paragraph (a) “in

the United Kingdom”,

15

(h)
in paragraph 17(a) “11(1), 15(2) or” and

“13(3) or”,

(i)
paragraph 18(1)(d) and the “or”

immediately preceding it,

(j)
in paragraph 18(2) “not exceeding

20

£3,000”,

(k)
paragraph 18(3) and (4),

(l)
paragraph 20(2),

(m)
in paragraph 31 “or (2)”,

(n)
paragraph 32(1)(b) and (2),

25

(o)
in paragraph 34(1), “corporate” (in both

places), and

(p)
in paragraph 35, in paragraph (a)

“corporate” and the “and” at the end of

paragraph (b).

30

In Schedule 3, paragraphs 2(3) and 3.

In Schedule 4, paragraphs 1(3) and (4) and 3.

In Schedule 5, paragraph 1(2).

Legal Services Bill [HL]
Schedule 23 — Repeals
367

Short title and chapter
Extent of repeal

Administration of Justice Act
In Schedule 6—

1985 (c. 61)—cont.
(a)
in paragraph 1 “corporate” (in both

places), and in sub-paragraph (2) “or

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

5

(b)
in paragraph 3(1), in paragraph (a)(i) “by

any court in the United Kingdom”,

paragraph (b), and from “with a view” to

the end,

(c)
paragraph 3(2),

10

(d)
paragraph 4(2)(c),

(e)
paragraph 4(3), (3A) and (4),

(f)
in paragraph 7(1) and (2) “corporate”,

(g)
in paragraph 8(1), “corporate”,

(h)
paragraph 9(2),

15

(i)
paragraph 10(2),

(j)
in paragraph 12(1), “corporate” (in both

places),

(k)
in paragraph 13, in paragraph (a)

“corporate”, and the “and” at the end of

20

paragraph (b),

(l)
paragraph 15.

In Schedule 9, paragraphs 2, 4 and 6.

Insolvency Act 1985 (c. 65)
In Schedule 8, paragraph 25.

Social Security Act 1986 (c. 50)
In section 56(1), “although not a barrister or

25

solicitor”.

Building Societies Act 1986
In Schedule 18, paragraph 11(2) and (3).

(c. 53)

Copyright, Designs and Patents
Section 279.

Act 1988 (c. 48)
In section 280(3) “or” at the end of paragraph

30

(b).

Section 292.

Law of Property (Miscellaneous
In Schedule 1, paragraph 8.

Provisions) Act 1989 (c. 34)

Law Reform (Miscellaneous
Section 33.

35

Provisions) (Scotland) Act

1990 (c. 40)

Courts and Legal Services Act
Sections 17, 18 and 18A.

1990 (c. 41)
Sections 21 to 29.

Sections 31 and 31A.

40

Sections 34 to 52.

In section 53—

(a)
subsection (5), and

(b)
subsection (9)(e).

Sections 54 and 55.

45

Section 63.

Sections 68 to 70.

Section 73(5)(d).

Section 86 to 88.

Section 90.

50

Legal Services Bill [HL]
Schedule 23 — Repeals
368

Short title and chapter
Extent of repeal

Courts and Legal Services Act
Section 93.

1990 (c. 41)—cont.
Section 94(1) and (2).

Section 96.

Section 113.

5

In section 119(1), the definitions of—

(a)
“authorised advocate”,

(b)
“authorised body” and “appropriate

authorised body”,

(c)
“authorised litigator”,

10

(d)
“authorised practitioner”,

(e)
“Consultative Panel”,

(f)
“duly certificated notary public”,

(g)
“the general principle”,

(h)
“qualified person”, and

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(i)
“the statutory objective”.

In section 120—

(a)
in subsection (4), “26(1), 37(10), 40(1)”,

and from “paragraph 24” to “Schedule

9”, and

20

(b)
subsection (5).

Schedules 3 to 7.

In Schedule 8, paragraphs 7, 11, 13 to 20, 21(1)(b)

and 23.

Schedule 9.

25

In Schedule 10, paragraph 64.

In Schedule 14—

(a)
in paragraph 1, the definitions of

“controlled trust” and “the Council”,

(b)
paragraph 2(3) and (5),

30

(c)
in paragraph 5—

(i)
in sub-paragraph (3)(a) and (b),

“by virtue of his being a member

of that partnership”, and

(ii)
sub-paragraph (4),

35

(d)
paragraph 14(2),

(e)
in paragraph 14(3) “to him”,

(f)
in paragraph 15, in sub-paragraph (4)(c)

“not exceeding £5,000”, and sub-

paragraph (5),

40

(g)
in paragraph 17(2), “and the Master of

the Rolls”, and

(h)
paragraph 17(4).

Schedule 15.

In Schedule 17, paragraphs 4, 8, 10 and 20.

45

In Schedule 18—

(a)
in paragraph 1(1), ““The Authorised

Conveyancing Practitioners Board”” and

““The Conveyancing Ombudsman””,

(b)
paragraph 1(2), and

50

(c)
paragraphs 9 to 12, 18, 20 and 56.

Legal Services Bill [HL]
Schedule 23 — Repeals
369

Short title and chapter
Extent of repeal

Environmental Protection Act
In section 114(4), “, although not of counsel or a

1990 (c. 43)
solicitor,”.

Friendly Societies Act 1992
In Schedule 21, paragraph 5.

(c. 40)

5

Trade Union and Labour
In section 194(2), “, although not of counsel or a

Relations (Consolidation) Act
solicitor,”.

1992 (c. 52)

Statute Law (Repeals) Act 1993
In Schedule 2, paragraph 3.

(c. 50)

10

Trade Marks Act 1994 (c. 26)
Section 85.

In Schedule 4, paragraph 5.

Agricultural Tenancies Act 1995
Section 35.

(c. 8)

Environment Act 1995 (c. 25)
In section 54, “although not of counsel or a

15

solicitor”.

Bank of England Act 1998 (c. 11)
Section 41(4).

In Schedule 5, paragraph 67.

National Minimum Wage Act
Section 33(1)(a).

1998 (c. 39)

20

Access to Justice Act 1999 (c. 22)
Sections 35(2) to (4), 36, 37 and 40 to 42.

In section 44(1), “is employed by”.

In section 46—

(a)
subsection (2)(b) and the word “but”

immediately preceding it, and

25

(b)
subsections (3) to (6).

Section 47.

Sections 49 to 52.

In Schedule 4, paragraph 46.

Schedule 5.

30

In Schedule 6, paragraphs 1 to 3, 5 to 8 and 11.

In Schedule 7, paragraphs 7(2)(a) and 10 to 12.

Schedule 8.

In Schedule 14, paragraph 14.

Immigration and Asylum Act
In section 86—

35

1999 (c. 33)
(a)
subsections (1)(a), (d) and (e),

(b)
subsection (4)(b),

(c)
in subsection 5(a), “England and Wales

or”, and

(d)
subsection (6)(a).

40

In Schedule 5—

(a)
paragraph 3(6)(b),

(b)
paragraph 4(2)(b),

(c)
in paragraph 4(3)(a) “England and

Wales or”, and

45

(d)
paragraph 4(4)(a).

Trustee Act 2000 (c. 29)
In Schedule 2, paragraph 37.

Legal Services Bill [HL]
Schedule 24 — Index of defined expressions
370

Short title and chapter
Extent of repeal

Freedom of Information Act
In Part 6 of Schedule 1—

2000 (c. 36)
(a)
“The Authorised Conveyancing

Practitioners Board.”,

(b)
“The Legal Services Complaints

5

Commissioner.”,

(c)
“The Legal Services Consultative

Panel.”, and

(d)
“The Legal Services Ombudsman.”

Enterprise Act 2002 (c. 40)
In Schedule 25, paragraph 23(2) to (6) and (10).

10

Pensions Act 2004 (c. 35)
In Schedule 4, paragraph 21.

Constitutional Reform Act 2005
In Schedule 4, paragraphs 92 and 202.

(c. 4)
In Schedule 11, paragraphs 1(2), 21(3) and 23(2)

and (3).

Mental Capacity Act 2005 (c. 9)
In Schedule 6, paragraph 22(2).

15

Serious Organised Crime and
In Part 3 of Schedule 7, paragraph 42(2).

Police Act 2005 (c. 15)

Natural Environment and Rural
In section 12(2) “even though he is not a

Communities Act 2006 (c. 16)
barrister or solicitor”.

Compensation Act 2006 (c. 29)
Section 5(3), (4)(c) and (5).

20

Section 15(6).

National Health Service Act
In section 194(4), “, although he is not a barrister

2006 (c. 41)
or solicitor,”.

National Health Service (Wales)
In section 142(4), “, although he is not a barrister

Act 2006 (c. 42)
or solicitor,”.

25

Legal Profession and Legal Aid
Section 77.

(Scotland) Act 2007 (asp 5)

Schedule 24
Section 214

Index of defined expressions

Expression
Interpretation provisions

30

administration of oaths
Schedule 2

approved regulator
section 20

authorised person, in relation to
section 18

an activity

barrister
section 208

35

the Board
section 2

compensation arrangements
section 21

Legal Services Bill [HL]
Schedule 24 — Index of defined expressions
371

Expression
Interpretation provisions

complainant (in Part 6)
section 161

conduct of litigation
Schedule 2

conduct rules
section 21

consumers
section 208

5

conveyancing services
section 208

court
section 208

discipline rules
section 21

document
section 202

exempt person
section 19 and Schedule 3

10

functions
section 208

“immigration advice” and
section 208

“immigration services”

indemnification arrangements
section 21

interest, in shares in a body
section 72

15

intervention direction
section 41

legal activity
section 12

licensable body
section 72

licensed activity (in Part 5)
section 111

licensed body
section 71

20

licensing authority
section 73

licensing rules
section 83

manager, in relation to a body
section 208

material interest, in a body (in Part
Schedule 13

5)

25

modify
section 208

non-authorised person (in Part 5)
section 111

non-commercial legal services
section 208

non-reserved activity (in Part 5)
section 111

not for profit body
section 208

30

notarial activities
Schedule 2

the OFT
section 208

Legal Services Bill [HL]
Schedule 24 — Index of defined expressions
372

Expression
Interpretation provisions

the OLC
section 114

ombudsman
section 122

the ombudsman scheme
section 115

person
section 208

5

practice rules
section 21

probate activities
Schedule 2

qualification regulations
section 21

regulatory arrangements
section 21

regulatory functions
section 27

10

regulatory objectives
section 1

relevant appellate body (in Part 5)
section 111

relevant approved regulator, in
section 20

relation to an activity

relevant approved regulator, in
section 20

15

relation to a person

relevant authorising body (in Part
section 161

6)

relevant licensing authority, in
section 73

relation to a licensed body (in Part

20

5)

relevant licensing authority, in
section 73

relation to an applicant for a

licence (in Part 5)

representative functions
section 27

25

reserved instrument activities
Schedule 2

reserved legal activity
section 12 and Schedule 2

reserved legal services
section 208

respondent (in Part 6)
section 161

right of audience
Schedule 2

30

scheme rules (in Part 6)
section 115

shares
section 72

solicitor
section 208

terms of a licence (in Part 5)
section 85