| Legal Services Bill [Lords] - continued | House of Commons |
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Bridget Prentice 104 Schedule 21, page 337, line 14, at end insert ‘, and ( ) omit subsection (4).’ This amendment is consequential upon amendment 103. Bridget Prentice 105 Schedule 121, page 343, line 30, 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 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.”’. 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—
This amendment is consequential upon amendment 81. It repeals the reference to the London Gazette 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—
This amendment is consequential upon amendment 104. Bridget Prentice 108 Clause 15, page 7, line 15, at end insert— ‘( ) Where P is an independent trade union, persons provided with relevant services by virtue of— (a) their membership or former membership of P, or (b) another person’s membership or former membership of P, do not constitute the public or a section of the public.’. The effect of this amendment is that an independent trade union falls under Clause 15(4), and therefore does not need to be entitled, when it carries out certain member services that are reserved legal activities. The individual through whom the union carries on such services will still have to be entitled. Bridget Prentice 109 Clause 15, page 7, line 16, after ‘(6)’, insert ‘Subject to that,’. This amendment provides that orders under Clause 15(6) are subject to the provision at amendment 108. Bridget Prentice 110 Clause 23, page 12, line 1, leave out ‘a’ and insert ‘an independent’. 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 provides that independent trade unions will have the transitional protection set out in Clause 23. Bridget Prentice 111 Clause 72, page 41, line 10, leave out subsections (1) and (2) and insert— (a) is a manager of B, or (b) has an interest in B. (a) another body (“A”) is a manager of B, or has an interest in B, and (b) non-authorised persons are entitled to exercise, or control the exercise of, at least 10% of the voting rights in A. (a) the person holds shares in the body, or (b) the person is entitled to exercise, or control the exercise of, voting rights in the body. (2B) A body may be licensable by virtue of both subsection (1) and subsection (2). (2C) For the purposes of this Act, a non-authorised person has an indirect interest in a licensable body if the body is licensable by virtue of subsection (2) and the non-authorised person is entitled to exercise, or control the exercise of, voting rights in A.’. This amendment refines the definition of “licensable body”, by replacing the “interest in shares” test with an “interest” test (sub-paragraph (1)(b)) and the test in subsection (2). Subsection (2A) defines “interest”, and subsection (2C) defines non-authorised persons with an “indirect interest” in a body licensable because of subsection (2). Bridget Prentice 112 Clause 72, page 41, line 26, at end insert ‘, and references to the holding of shares, or to a shareholding, are to be construed accordingly.’. This amendment provides that references to the holding of shares or to a shareholding are to be construed in accordance with the definition of “shares” in section 72(3). Bridget Prentice 113 Clause 85, page 49, line 39, leave out ‘persons having an interest in shares,’ and insert ‘non-authorised persons having an interest or an indirect interest,’. This amendment is related to the replacement in amendment 111 of the “interest in shares” test. It also clarifies that it is only non-authorised persons who have an “interest” or “indirect interest” (or a material interest) against whom obligations under subsection (4) may be imposed. Bridget Prentice 114 Clause 90, page 51, line 10, leave out ‘or has an interest in shares’ and insert ‘or has an interest or an indirect interest’. This amendment is related to amendment 111, replacing the reference to a non-authorised person who has an interest in shares with a reference to a non-authorised person who has an interest or an indirect interest. Bridget Prentice 115 Clause 105, page 57, line 5, leave out ‘a’ and insert ‘an independent’. 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 provides that independent trade unions have the exemption set out in Clause 105(1). Bridget Prentice 116 Clause 105, page 57, line 7, leave out second ‘a’ and insert ‘an independent’. 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 provides that independent trade unions have the exemption set out in Clause 105(2). Bridget Prentice 117 Clause 106, page 57, line 10, leave out ‘a’ and insert ‘an independent’. 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 provides that independent trade unions may apply for modifications of licensing rules under Clause 106. Bridget Prentice 118 Clause 106, page 57, line 36, leave out ‘in shares’ and insert ‘or an indirect interest’. This amendment is related to amendment 111, replacing the reference to non-authorised persons who have an interest in shares, with a reference to non-authorised persons who have an interest or an indirect interest. Bridget Prentice 119 Clause 108, page 59, line 7, leave out ‘in which non-authorised persons have an interest’ and insert ‘held by non-authorised persons’. This amendment is related to amendment 111. It refines the first branch of the ownership condition for a low risk body, providing that the proportion of shares in B held by non-authorised persons is less than 10%. Bridget Prentice 120 Clause 108, page 59, line 9, leave out ‘power’ and insert ‘rights’. This amendment refines the second branch of the ownership condition for a low risk body, providing that the proportion of voting rights, rather than voting power, in B which non-authorised persons are entitled to exercise, or control the exercise of, is less than 10%. Bridget Prentice 121 Clause 108, page 59, line 12, leave out ‘in which non-authorised persons have an interest’ and insert ‘held by non-authorised persons’. This amendment is related to amendment 111. It refines the third branch of the ownership condition for a low risk body, providing that the proportion of shares held by a non-authorised person in a parent undertaking of B is less than 10%. Bridget Prentice 122 Clause 108, page 59, line 14, leave out ‘power’ and insert ‘rights’. This amendment refines the third branch of the ownership condition for a low risk body, providing that the proportion of voting rights, rather than voting power, in a parent undertaking of B which non-authorised persons are entitled to exercise, or control the exercise of, is less than 10%. Bridget Prentice 123 Clause 108, page 59, leave out lines 20 to 23. This amendment is related to amendments 120 and 122, which replace the concept of voting power. A definition of voting power is therefore no longer needed. Bridget Prentice 124 Clause 111, page 60, line 21, leave out ‘in shares’. This amendment is related to amendment 111. It refines the test for whether a body falls under sub-paragraph (d), by replacing the reference to persons “with an interest in shares” with a reference to persons “with an interest”. Bridget Prentice 125 Clause 111, page 60, line 24, leave out sub-paragraph (ii) and insert— ‘(ii) are bodies in which persons within paragraphs (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.’. This amendment is related to amendment 111. It refines the test for whether a body falls under sub-paragraph (d), providing that where a manager or person with an interest is a body, persons within (a) – (c) must exercise or control the exercise of more than 90% of voting rights. Bridget Prentice 126 Clause 208, page 118, line 3, at end insert— ‘“independent trade union” has the same
meaning as in the 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 union 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’. 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 union. Bridget Prentice 128 Clause 208, page 118, leave out lines 33 to 35. 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 129 Schedule 3, page 130, line 14, leave out from ‘individual’ to ‘in’ in line 15 and insert ‘whose work includes assisting’. This amends paragraph 1(7)(a) of Schedule 3 in order to clarify the category of persons who, if appropriately supervised, are exempt from the requirement to be authorised in order to exercise rights of audience. It is intended to ensure that, for example, partners in a partnership can be exempt. Bridget Prentice 130 Schedule 3, page 131, line 37, leave out paragraph (b). This amendment removes paragraph 3(4)(b) from the Bill on the basis that this provision is no longer necessary given the effect of amendment 131. Bridget Prentice 131 Schedule 3, page 131, line 39, leave out paragraphs (d) to (f) and insert— ‘( ) P is a manager or employee of a body which is an authorised person in relation to the activity, and E is also a manager or employee of that body.’. This amendment replaces paragraphs 3(4)(d) to (f), which identify connected persons in specific kinds of bodies, with a more general provision which identifies connected persons in any body which is an authorised person. It will, for example, cover recognised bodies which are partnerships. Bridget Prentice 132 Schedule 3, page 133, line 10, leave out paragraph (b). This amendment removes paragraph 4(3)(b) from the Bill on the basis that this provision is no longer necessary given the effect of amendment 133. Bridget Prentice 133 Schedule 3, page 133, line 12, leave out paragraphs (d) and (e) and insert— ‘( ) P is a manager or employee of a body which is an authorised person in relation to the activity, and E is also a manager or employee of that body.’. This amendment replaces paragraphs 4(3)(d) and (e), which identify connected persons in specific kinds of bodies, with a more general provision which identifies connected persons in any body which is an authorised person. It will, for example, cover recognised bodies which are partnerships. Bridget Prentice 134 Schedule 11, page 189, line 43, leave out ‘an interest in shares in the body’ and insert ‘a shareholding in the licensed body, or a parent undertaking of the licensed body,’. This amendment is related to amendment 162 and reflects the changes made to paragraph 38(1)(a) of Schedule 13 by that amendment. Bridget Prentice 135 Schedule 11, page 189, line 44, at end insert— ‘( ) if the relevant licensing rules make the provision mentioned in paragraph 38(1)(aa) of that Schedule, a non-authorised person has under those rules an entitlement to exercise, or control the exercise of, voting rights in the licensed body or a parent undertaking of the licensed body which exceeds the voting limit,’. This amendment is related to amendment 163. It provides that where rules are made under the provision inserted by that amendment setting a voting limit, and that limit is breached, the licensing authority may suspend or revoke the licensed body’s licence. Bridget Prentice 136 Schedule 11, page 190, line 1, leave out ‘in which non-authorised persons have an interest’ and insert ‘or a parent undertaking of the licensed body held by non-authorised persons’. This amendment is related to amendment 164 and reflects the changes made to paragraph 38(1)(b) of Schedule 13 by that amendment. Bridget Prentice 137 Schedule 11, page 190, line 2, at end insert— ‘( ) if the relevant licensing rules make the provision mentioned in paragraph 38(1)(c) of that Schedule, the total proportion of voting rights in the licensed body or a parent undertaking of the licensed body which non-authorised persons are entitled to exercise, or control the exercise of, exceeds the limit specified in the rules.’. This amendment is related to amendment 165. It provides that where rules are made under the provision inserted by that amendment setting a limit on the total proportion of voting rights, and that limit is breached, the licensing authority may suspend or revoke the licensed body’s licence. Bridget Prentice 138 Schedule 12, page 191, line 24, leave out ‘a’ and insert ‘an independent’. This amendment is part of a set of amendments that change references to trade unions to independent trade unions, as defined in amendment 126. This amendment provides that the third ground (see paragraph 1(5)) for an application for a licence to the Board applies in relation to independent trade unions. Bridget Prentice 139 Schedule 12, page 193, line 24, leave out ‘in shares’. This amendment is related to amendment 111, which replaces the concept of “interest in shares” with “interest”. Bridget Prentice 140 Schedule 12, page 193, line 26, leave out ‘in shares’. This amendment is related to amendment 111, which replaces the concept of “interest in shares” with “interest”. Bridget Prentice 141 Schedule 12, page 193, line 29, leave out ‘in shares’. This amendment is related to amendment 111, which replaces the concept of “interest in shares” with “interest”. Bridget Prentice 142 Schedule 12, page 193, line 31, leave out ‘in shares’. This amendment is related to amendment 111, which replaces the concept of “interest in shares” with “interest”. Bridget Prentice 143 Schedule 12, page 193, line 32, at end insert— ‘( ) the kinds of non-authorised persons who have an indirect interest in the licensable body.’. This amendment is related to amendment 111, which introduces the concept of non-authorised persons with an “indirect interest”. Bridget Prentice 144 Schedule 13, page 194, line 25, leave out ‘has an interest in’ and insert ‘holds’. This amendment is related to amendment 111. It amends the first test for a material interest by replacing the 10% interest in shares test with a 10% shareholding test. Bridget Prentice 145 Schedule 13, page 194, line 27, leave out ‘interest in shares’ and insert ‘shareholding’. This amendment is related to amendment 111. It amends the second test for a material interest by replacing the test of significant influence by virtue of an interest in shares with a test of significant influence by virtue of a shareholding. Bridget Prentice 146 Schedule 13, page 194, line 28, leave out ‘has an interest in’ and insert ‘holds’. This amendment is related to amendment 111. It amends the third test for a material interest by replacing the test of 10% interest in shares in a parent undertaking with a test of 10% shareholding in a parent undertaking. Bridget Prentice 147 Schedule 13, page 194, line 31, leave out ‘interest in shares’ and insert ‘shareholding’. This amendment is related to amendment 111. It amends the fourth test for a material interest by replacing the test of significant influence by virtue of an interest in shares in a parent undertaking with a test of significant influence by virtue of a shareholding in a parent undertaking. Bridget Prentice 148 Schedule 13, page 194, line 32, leave out paragraph (e) and insert— ‘( ) is entitled to exercise, or control the exercise of, voting power in B which, if it consists of voting rights, constitutes at least 10% of the voting rights in B,’. This amendment clarifies that any voting power (as defined in paragraph 5(4)) constitutes a material interest, unless it is voting rights, in which case 10% of voting rights in a body constitutes a material interest. Bridget Prentice 149 Schedule 13, page 194, line 35, leave out ‘voting power in B’ and insert ‘entitlement to exercise, or control the exercise of, voting rights in B’. This amendment clarifies that the significant influence test in sub-paragraph (f) is by virtue of voting rights. A test for significant influence by virtue of other voting power is unnecessary, since other voting power inherently gives such influence and is therefore caught by the test in sub-paragraph (e). |
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