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House of Commons

Session 2006 - 07 Internet Publications 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                                                                                                 54/2
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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