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Session 2006 - 07
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Other Bills before Parliament

Legal Services Bill [HL]


 

Legal Services Bill [HL]

 


 

 
 

The Bill is divided into two Volumes. Volume I contains the Clauses. Volume II

contains the Schedules to the Bill.

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Constitutional Affairs,

are published separately as Bill 108—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Bridget Prentice has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Legal Services Bill [HL] are compatible with the

Convention rights.

 

Bill 108                                                                                                

54/2

 

 

 

Legal Services Bill [HL]

 
 

The Bill is divided into two Volumes. Volume I contains the Clauses. Volume II

contains the Schedules to the Bill.

Contents

Part 1

The regulatory objectives

1   

The regulatory objectives

Part 2

The Legal Services Board

Constitution

2   

The Legal Services Board

General functions

3   

The Board’s duty to promote the regulatory objectives etc

4   

Standards of regulation, education and training

5   

Corporate governance

6   

Annual report

7   

Supplementary powers

Consumer Panel

8   

The Consumer Panel

9   

Committees and the procedure of the Consumer Panel

10   

Representations by the Consumer Panel

11   

Advice and research functions of the Consumer Panel

Part 3

Reserved legal activities

Reserved legal activities

12   

Meaning of “reserved legal activity” and “legal activity”

 

Bill 108                                                                                                

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Legal Services Bill [HL]

ii

 

Carrying on the activities

13   

Entitlement to carry on a reserved legal activity

Offences

14   

Offence to carry on a reserved legal activity if not entitled

15   

Carrying on of a reserved legal activity: employers and employees etc

16   

Offence to carry on reserved legal activity through person not entitled

17   

Offence to pretend to be entitled

Interpretation

18   

Authorised persons

19   

Exempt persons

20   

Approved regulators and relevant approved regulators

21   

Regulatory arrangements

Continuity of existing rights and transitional protection

22   

Continuity of existing rights to carry on reserved legal activities

23   

Transitional protection for non-commercial bodies

Alteration of reserved legal activities

24   

Extension of the reserved legal activities

25   

Provisional designation as approved regulators and licensing authorities

26   

Recommendations that activities should cease to be reserved legal activities

Part 4

Regulation of approved regulators

Introductory

27   

Regulatory and representative functions of approved regulators

General duties of approved regulators

28   

Approved regulator’s duty to promote the regulatory objectives etc

Separation of regulatory and representative functions

29   

Prohibition on the Board interfering with representative functions

30   

Rules relating to the exercise of regulatory functions

Performance targets

31   

Performance targets and monitoring

Directions

32   

Directions

33   

Directions: procedure

34   

Enforcement of directions

 
 

Legal Services Bill [HL]

iii

 

Censure

35   

Public censure

36   

Public censure: procedure

Financial penalties

37   

Financial penalties

38   

Financial penalties: procedure

39   

Appeals against financial penalties

40   

Recovery of financial penalties

Intervention

41   

Intervention directions

42   

Intervention directions: further provision

43   

Intervention directions: enforcement

44   

Revocation of intervention directions

Cancellation of approval

45   

Cancellation of designation as approved regulator

46   

Cancellation of designation: further provision

47   

The Board’s power to recommend orders made under section 46

48   

Cancellation of designation: powers of entry etc

Policy statements

49   

The Board’s policy statements

50   

Policy statements: procedure

Practising fees

51   

Control of practising fees charged by approved regulators

Regulatory conflict

52   

Regulatory conflict with approved regulators

53   

Modification of provision made about regulatory conflict

54   

Regulatory conflict with other regulatory regimes

Information

55   

Provision of information to the Board

56   

Enforcement of notices under section 55

Competition

57   

Reports by the OFT

58   

The Board’s response to OFT report

59   

Referral of report by the Lord Chancellor to the Competition Commission

60   

Duties of the Competition Commission

61   

Lord Chancellor’s power to give directions

 
 

 
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Revised 18 May 2007