Public Bill Committee: 19th June 2007

382

Legal Services Bill-[Lords], continued

Members’ explanatory statement

This amendment provides that not only a “communication”, but also “a document, material or in­

formation”, is privileged in like manner as if the persons had been acting as the client’s solicitor.

It also deletes the reference to “legal proceedings”. These changes reflect developments in the

common law of legal professional privilege.

Bridget Prentice

18

Clause  191,  page  103,  line  19,  leave out from ‘applies’ to end of line 20 and insert

‘where an individual (“P”) who is not a barrister or solicitor—’.

Members’ explanatory statement

This amendment is related to amendment 23. Together these amendments provide that not only a

“communication”, but also “a document, material or information” is privileged in like manner as

if the individual in subsection (1) had been acting as P’s solicitor. This reflects developments in

the common law of legal professional privilege.

Bridget Prentice

19

Clause  191,  page  103,  line  21,  leave out ‘providing’ and insert ‘provides’.

Members’ explanatory statement

This amendment is consequential upon amendment 18.

Bridget Prentice

20

Clause  191,  page  103,  line  23,  leave out ‘providing’ and insert ‘provides’.

Members’ explanatory statement

This amendment is consequential upon amendment 18.

Bridget Prentice

21

Clause  191,  page  103,  line  25,  leave out ‘providing’ and insert ‘provides’.

Members’ explanatory statement

This amendment is consequential upon amendment 18.

Bridget Prentice

22

Clause  191,  page  103,  line  27,  leave out ‘providing’ and insert ‘provides’.

Members’ explanatory statement

This amendment is consequential upon amendment 18.

Bridget Prentice

23

Clause  191,  page  103,  line  29,  leave out from ‘Any’ to ‘privileged’ and insert

‘communication, document, material or information relating to the provision of the

services in question is’.

Public Bill Committee: 19th June 2007

383

Legal Services Bill-[Lords], continued

Members’ explanatory statement

This amendment provides that in addition to a “communication”, “a document, material or infor­

mation” is privileged in like manner as if the individual in subsection (1) had been acting as P’s

solicitor. It also deletes the reference to “legal proceedings”. These changes reflect developments

in the common law of legal professional privilege.

Bridget Prentice

24

Clause  191,  page  103,  line  33,  leave out from ‘(a)’ to ‘services’ in line 34 and insert

‘a licensed body provides’.

Members’ explanatory statement

This amendment is related to amendment 25. Together these amendments provide that not only a

“communication”, but also “a document, material or information” is privileged in the circum­

stances set out in subsections (3) and (4). This reflects developments in the common law of legal

professional privilege.

Bridget Prentice

25

Clause  191,  page  103,  line  39,  leave out from ‘(4)’ to ‘privileged’ and insert ‘Any

communication, document, material or information relating to the provision of the

services in question is’.

Members’ explanatory statement

This amendment provides that not only a “communication”, but also “a document, material or in­

formation”, is privileged in the circumstances set out in subsections (3) and (4). It also deletes the

reference to “legal proceedings”. These changes reflect developments in the common law of legal

professional privilege.

Bridget Prentice

26

Clause  191,  page  103,  line  44,  leave out paragraph (b).

Members’ explanatory statement

This amendment is related to amendment 25. The effect of the deleted provision is already achieved

by the wording of amendment 25.

Bridget Prentice

27

Clause  191,  page  104,  line  31,  after ‘communication’, insert ‘, a document,

material or information’.

Members’ explanatory statement

This amendment provides that section 191 is without prejudice to rules by virtue of which not only

a “communication”, but also “a document, material or information” is privileged from disclosure.

This change reflects developments in the common law of legal professional privilege.

Public Bill Committee: 19th June 2007

384

Legal Services Bill-[Lords], continued

Simon Hughes

John Hemming

243

Clause  194,  page  106,  line  41,  leave out subsection (2).

Members’ explanatory statement

This amendment is intended remove the exemption from the requirement to hold a Practising Cer­

tificate which currently applies to solicitors employed by Government departments.

Bridget Prentice

126

Clause  208,  page  118,  line  3,  at end insert—

‘“independent trade union” has the same meaning as in the Trade Union and

Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that

Act);’

Members’ explanatory statement

This amendment is part of a set of amendments that change the Bill’s references to trade unions to

independent trade unions, as defined in this amendment. In the 1992 Act, an independent trade un­

ion means one which is not dominated or controlled by, or liable to interference tending towards

control from, employers.

Bridget Prentice

127

Clause  208,  page  118,  line  18,  leave out ‘a’ and insert ‘an independent’.

Members’ explanatory statement

This amendment is part of a set of amendments that change the Bill’s references to trade unions to

independent trade unions, as defined in amendment 126. This amendment changes the reference

to a trade union in the definition of “non-commercial legal services” to an independent trade un­

ion.

Bridget Prentice

128

Clause  208,  page  118,  leave out lines 33 to 35.

Members’ explanatory statement

This amendment is part of a set of amendments that change the Bill’s references to trade unions to

independent trade unions, as defined in amendment 126. This amendment deletes the definition of

a trade union.

Bridget Prentice

28

Clause  212,  page  120,  line  5,  leave out from ‘Chancellor’ to end of line 24.

Members’ explanatory statement

This amendment reverses one made in the House of Lords imposing two conditions prior to making

an order commencing provisions in Part 5 of the Bill – (a) the commissioning by the Lord Chan­

Public Bill Committee: 19th June 2007

385

Legal Services Bill-[Lords], continued

cellor of research as specified, and (b) approval by both Houses of Parliament of the order in ques­

tion.

Bridget Prentice

29

Clause  215,  page  120,  line  37,  leave out subsection (2).

Members’ explanatory statement

This amendment removes the standard privilege amendment made in the House of Lords.

Bridget Prentice

103

Schedule  21,  page  337,  line  10,  leave out paragraph (a) and insert—

‘( )	in subsection (1), after “to” (in the first place) insert “—

(a)

”,

( )	at the end of that subsection insert “, and

(b)	documents, material or information relating to any

matter mentioned in paragraph (a).”, and

( )	for subsection (2) substitute—

“(2)	Where a patent attorney acts for a client in relation to a matter

mentioned in subsection (1), any communication, document,

material or information to which this section applies is

privileged from disclosure in like manner as if the patent

attorney had at all material times been acting as the client’s

solicitor.”,’.

Members’ explanatory statement

This amendment provides that documents, materials or information are, in addition to communi­

cations, privileged from disclosure in the circumstances set out in section 280 of the Copyright,

Designs and Patents Act 1988. It also deletes the reference to legal proceedings. These changes

reflect developments in the common law of privilege in the United Kingdom.

Bridget Prentice

104

Schedule  21,  page  337,  line  14,  at end insert ‘, and

( )	omit subsection (4).’

Members’ explanatory statement

This amendment is consequential upon amendment 103.

Bridget Prentice

105

Schedule  21,  page  343,  line  30,  leave out paragraph (a) and insert—

‘( )	in subsection (1), after “to” (in the first place) insert “—

(a)

”,

Public Bill Committee: 19th June 2007

386

Legal Services Bill-[Lords], continued

( )	at the end of that subsection insert “, and

(b)	documents, material or information relating to any

matter mentioned in paragraph (a).”, and

( )	for subsection (2) substitute—

“(2)	Where a trade mark attorney acts for a client in relation to a

matter mentioned in subsection (1), any communication,

document, material or information to which this section

applies is privileged from disclosure in like manner as if the

trade mark attorney had at all material times been acting as the

client’s solicitor.”’.

Members’ explanatory statement

This amendment makes documents, materials and information, in addition to communications,

privileged from disclosure in the circumstances set out in section 87 of the Trade Marks Act 1994.

It deletes the reference to legal proceedings. These changes reflect developments in the common

law of privilege in the United Kingdom.

Bridget Prentice

106

Schedule  23,  page  362,  line  39,  column 2, at end insert—

‘In section 48(2)(b) “in the London Gazette”.’.

Members’ explanatory statement

This amendment is consequential upon amendment 81. It repeals the reference to the London Ga­

zette in section 48.

Bridget Prentice

107

Schedule  23,  page  367,  line  30,  column 2, leave out from beginning to end of line

31 and insert—

‘In section 280—

(a)	in subsection (3) “or” at the end of paragraph

(b), and

(b)	subsection (4).’.

Members’ explanatory statement

This amendment is consequential upon amendment 104.

Bridget Prentice

202

Schedule  24,  page  371,  line  14,  at end insert—

Public Bill Committee: 19th June 2007

387

Legal Services Bill-[Lords], continued

‘independent trade union

section 208’.

Members’ explanatory statement

This amendment adds independent trade union to the index of defined expressions.

Bridget Prentice

203

Schedule  24,  page  371,  line  14,  at end insert—

	‘indirect interest (of a non-	section 72’.
	authorised person in a licensable
	body)

Members’ explanatory statement

This amendment adds indirect interest to the list of defined expressions.

Bridget Prentice

204

Schedule  24,  page  371,  line  15,  column 1, leave out ‘in shares’.

Members’ explanatory statement

This amendment is related to amendment 111, which now contains the defined expression interest

in a body, rather than interest in shares in a body.

Bridget Prentice

205

Schedule  24,  page  373,  leave out line 2.

Members’ explanatory statement

This amendment deletes trade union from the index of defined expressions.

New Clauses

Advice and research functions of the Practitioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC1

To move the following Clause:—

‘(1)	The Practitioner Panel may, at the request of the Board—

(a)	carry out research for the Board;

(b)	give advice to the Board.

(2)	The Board must consider any advice given and the results of any research carried

out under this section.

Public Bill Committee: 19th June 2007

388

Legal Services Bill-[Lords], continued

(3)	The Practitioner Panel may publish such information as it thinks fit about advice

it gives, and about the results of research carried out by it, under this section.’.

Paralegals

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC2

To move the following Clause:—

‘(1)	The Board must assist the maintenance and development of standards in relation

to—

(a)	the training of paralegals employed by authorised or exempt persons and

(b)	the proper supervision and monitoring of paralegals.

(2)	For the purposes of this section a “paralegal” is a person providing legal advice,

support, assistance or representation in accordance with regulations prescribed by

the Lord Chancellor.’.

Professional representations

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC3

To move the following Clause:—

‘Section 10 shall apply mutatis mutandis to representations by approved

regulators whether in their regulatory or representive capacity.’.

Representations by the Practioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC4

To move the following Clause:—

‘(1)	The Board must consider any representations made to it by the Practioner Panel.

(2)	If the Board disagrees with a view expressed, or proposal made, in the

representations, it must give the Practioner Panel a notice to that effect stating its

reasons for disagreeing.

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Revised 19 June 2007