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Notices of Amendments
given on
Wednesday 6th June 2007
Public Bill Committee
Legal Services Bill [Lords]
Bridget Prentice
1
Clause 31, page 15, line 30, leave
out from ‘on’ to ‘and’ in line 31 and insert
‘one or more of the regulatory objectives,’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords which changed
one of the conditions for Board action so as to refer to the likelihood
of an adverse impact on the regulatory objectives taken as a whole,
rather than on one or more of those objectives.
Bridget Prentice
2
Clause 32, page 16, line 14, leave
out from ‘have,’ to end of line 15 and insert ‘an
adverse impact on one or more of the regulatory objectives,’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords which changed
a condition for Board action so as to refer to the likelihood of a significant
adverse impact on the regulatory objectives taken as a whole, rather
than an adverse effect on one or more of those objectives.
Bridget Prentice
3
Clause 35, page 17, line 27, leave
out from ‘have,’ to ‘and’ in line 28 and insert
‘an adverse impact on one or more of the regulatory objectives,’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords which changed
a condition for Board action so as to refer to the likelihood of a significant
adverse impact on the regulatory objectives taken as a whole, rather
than an adverse effect on one or more of those objectives.
Bridget Prentice
4
Clause 41, page 21, line 9, leave
out from ‘have,’ to ‘and’ in line 10 and insert
‘an adverse impact on one or more of the regulatory objectives,’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords which changed
a condition for Board action so as to refer to the likelihood of a significant
adverse impact on the regulatory objectives taken as a whole, rather
than an adverse effect on one or more of those objectives.
Bridget Prentice
5
Clause 45, page 23, line 29, leave
out from ‘have,’ to ‘and’ in line 30 and insert
‘an adverse impact on one or more of the regulatory objectives,’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords which changed
a condition for Board action so as to refer to the likelihood of a significant
adverse impact on the regulatory objectives taken as a whole, rather
than an adverse effect on one or more of those objectives.
Bridget Prentice
6
Clause 49, page 27, line 1, leave
out subsection (3) and insert—
(b) specify how, in exercising the functions mentioned in
that subsection, the Board will comply with the requirements of section
3(3) (regulatory activities to be proportionate, consistent and targeted
only at cases in which action is needed, etc).’.
Members’ explanatory statement
This amendment replaces Clause 49(3), inserted by amendment in the House
of Lords, with new subsections setting out the matters that the Board
must have regard to when preparing policy statements pursuant to Clause
49(1) and (2) and imposing requirements as to the content of statements
under Clause 49(1).
Bridget Prentice
7
Clause 83, page 48, line 24, leave
out paragraph (e).
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring licensing
rules to contain provision for specific attention to be paid to the
likely effect on access to justice of each application by a body to
be licensed under Part 5 of the Bill.
Bridget Prentice
8
Clause 133, page 68, line 42, leave
out paragraph (i).
Members’ explanatory statement
This amendment reverses one made in the House of Lords enabling scheme
rules to make provision for the award of costs in favour of the OLC
against the respondent to a complaint in additional circumstances to
those already specified in Clause 133(3).
Bridget Prentice
9
Clause 133, page 69, line 38, leave
out ‘, (i)’.
Members’ explanatory statement
This amendment is consequential on amendment 8, removing a reference
back to the provision which that amendment removes.
Bridget Prentice
10
Clause 136, page 70, line 37, leave
out subsections (2) to (4).
Members’ explanatory statement
This amendment reverses amendments made in the House of Lords which—
(a) limit the circumstances in which a complaint handling charge may
be payable by the respondent to the complaint and (b) require reduction,
waiver or refund of charges in specific circumstances.
Bridget Prentice
11
Clause 136, page 71, leave
out line 19.
Members’ explanatory statement
This amendment is consequential on amendment 10, removing a reference
back to the provision which that amendment removes.
Bridget Prentice
12
Clause 136, page 71, line 22, leave
out from ‘circumstances’ to end of line 23.
Members’ explanatory statement
This amendment is consequential on amendment 10, removing a reference
back to the provision which that amendment removes.
Bridget Prentice
13
Page 75, line 27, leave out
Clause 143.
Members’ explanatory statement
This amendment leaves out Clause 143, which was inserted by amendment
in the House of Lords, and so reverses that amendment, which inserted
provision enabling the Board to delegate to an approved regulator or
regulators the handling of complaints which would otherwise be determined
under the ombudsman scheme.
Bridget Prentice
14
Clause 158, page 83, line 11, leave
out from ‘redress’ to end of line 13.
Members’ explanatory statement
This amendment is consequential on amendment 13, removing a reference
back to the provision which that amendment removes.
Bridget Prentice
15
Clause 158, page 83, line 17, leave
out ‘and except as permitted by subsection (1)’.
Members’ explanatory statement
This amendment is consequential on amendment 13, removing a reference
back to the provision which that amendment removes.
Bridget Prentice
16
Clause 173, page 91, line 25, after
‘Act’, insert ‘or any other enactment’.
Members’ explanatory statement
This amendment extends the power to pay grants to the Board to cover
its functions under “any other enactment”. This ensures
that grants can be paid in respect of Board expenditure resulting from
functions it has under other Acts by virtue of amendments of those Acts
made by the Bill.
Bridget Prentice
17
Clause 174, page 92, line 16, leave
out ‘the Compensation Act 2006’ and insert ‘any other
enactment’.
Members’ explanatory statement
This amendment extends the “leviable Board expenditure”
to include expenditure for the purposes of the Board’s functions
under “any other enactment”. This ensures that the levy
can recover amounts in respect of Board expenditure resulting from functions
it has under other Acts by virtue of amendments of those Acts made by
the Bill.
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’.
Members’ explanatory statement
This amendment provides that in addition to a “communication”,
“a document, material or information” 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 circumstances
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 information”, 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.
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 Chancellor of
research as specified, and (b) approval by both Houses of Parliament
of the order in question.
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
30
Schedule 1, page 121, line 6, leave
out ‘with the concurrence of the Lord Chief Justice’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring the
concurrence of the Lord Chief Justice to the appointment of the chairman
of the Board.
Bridget Prentice
31
Schedule 1, page 121, line 10, leave
out ‘with the concurrence of the Lord Chief Justice’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring the
concurrence of the Lord Chief Justice to the appointment of the members
of the Board other than its chairman and Chief Executive.
Bridget Prentice
32
Schedule 1, page 121, line 16, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendments 30 and 31, removing a
reference to the functions of the Lord Chief Justice which those amendments
remove.
Bridget Prentice
33
Schedule 1, page 122, line 17, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendments 30 and 31, removing a
reference to the functions of the Lord Chief Justice which those amendments
remove.
Bridget Prentice
34
Schedule 1, page 123, line 6, leave
out ‘with the concurrence of the Lord Chief Justice’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring the
concurrence of the Lord Chief Justice to the removal from office of
an ordinary member of the Board (which includes the chairman).
Bridget Prentice
35
Schedule 1, page 123, line 8, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
36
Schedule 1, page 123, line 11, leave
out ‘and Lord Chief Justice are’ and insert ‘is’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
37
Schedule 1, page 123, line 21, leave
out sub-paragraph (5).
Members’ explanatory statement
This amendment reverses one made in the House of Lords which duplicates
the provision made by other amendments requiring concurrence of the
Lord Chief Justice in the removal from office of an ordinary member
of the Board.
Bridget Prentice
38
Schedule 1, page 123, line 23, leave
out ‘the Lord Chancellor and Lord Chief Justice remove’
and insert ‘removing’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
39
Schedule 1, page 123, line 26, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
40
Schedule 1, page 123, line 35, at
end insert—
‘The terms of appointment of the chairman or any
other ordinary member may provide for the Board to pay, or make payments
towards the provision of, a pension, allowance or gratuity to or in
respect of that person.
If the Lord Chancellor thinks there are circumstances
that make it right for a person ceasing to hold office as chairman or
another ordinary member to receive compensation, the Board may pay that
person such compensation as the Lord Chancellor may determine.’.
Members’ explanatory statement
This amendment provides that the terms of appointment of the chairman
or other ordinary members of the Board may provide for pensions, allowances
or gratuities. It also allows the Board to pay compensation to the chairman
or other ordinary members in certain circumstances.
Bridget Prentice
41
Schedule 1, page 124, line 6, at
end insert—
‘The Board may pay compensation for loss of employment
to or in respect of a member (or former member) of staff.’.
Members’ explanatory statement
This amendment allows the Board to pay compensation to its staff or
former staff for loss of employment with the Board.
Bridget Prentice
42
Schedule 15, page 224, line 29, at
end insert—
‘The terms of appointment of the chairman or any
other member may provide for the Board to pay, or make payments towards
the provision of, a pension, allowance or gratuity to or in respect
of that person.
If the Board thinks there are circumstances that make
it right for a person ceasing to hold office as chairman or another
member to receive compensation, the OLC may pay that person such compensation
as the Board may determine.’.
Members’ explanatory statement
This amendment provides that the terms of appointment of the chairman
or other ordinary members of the OLC may provide for pensions, allowances
or gratuities. It also allows the OLC to pay compensation to the chairman
or other ordinary members in certain circumstances.
Bridget Prentice
43
Schedule 15, page 224, line 42, at
end insert—
‘The OLC may pay compensation for loss of employment
to or in respect of an ombudsman (or former ombudsman), or a member
(or former member) of staff appointed under paragraph 11.’.
Members’ explanatory statement
This amendment allows the OLC to pay compensation to its ombudsmen or
former ombudsmen, or to its staff appointed under paragraph 11 of Schedule
15 or former staff, for loss of employment with the OLC.
Bridget Prentice
44
Schedule 16, page 229, line 17, at
end insert—
‘After section 1A insert—
(2) The rules may provide that, for the purposes of the
rules and this Act, a solicitor is not to be regarded as practising
as a sole solicitor in such circumstances as may be prescribed by the
rules.
Members’ explanatory statement
This amendment provides that Law Society rules must provide that a person
may not practise as a sole solicitor without having a practising certificate
and without a sole solicitor endorsement of that certificate. Rules
must prescribe the circumstances in which a solicitor will be suitable
for such authorisation.
Bridget Prentice
45
Schedule 16, page 230, line 12, at
end insert—
Members’ explanatory statement
This amendment is related to amendment 44. It ensures that applications
for practising certificates under section 9 may include applications
for a sole solicitor endorsement.
Bridget Prentice
46
Schedule 16, page 230, line 13, after
‘application’, insert ‘under this section’.
Members’ explanatory statement
This amendment clarifies that the requirements which must be complied
with in section 9(2) relate specifically to applications under section
9.
Bridget Prentice
47
Schedule 16, page 230, line 41, at
end insert ‘(including, if the certificate has a sole solicitor
endorsement, an efficient practice as a sole solicitor);’.
Members’ explanatory statement
This amendment is related to amendment 44. It gives the Law Society
the power to impose conditions, where a solicitor has a sole solicitor
endorsement, requiring specific steps which will be conducive to efficient
practise as a sole solicitor.
Bridget Prentice
48
Schedule 16, page 231, line 11, after
‘certificate,’, insert—
Members’ explanatory statement
This amendment is related to amendment 44. It provides that the register
of solicitors holding practising certificates must state whether the
practising certificate has a sole solicitor endorsement.
Bridget Prentice
49
Schedule 16, page 231, line 40, after
‘application’, insert ‘for a practising certificate,
Members’ explanatory statement
This amendment is related to amendment 45. It enables persons who have
been refused endorsement as a sole solicitor to appeal against that
decision.
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