| Legal Services Bill [Lords] - continued | House of Commons |
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Directions Simon Hughes
NC9 To move the following Clause:— ‘(1) This section applies if the Board is satisfied— (a) that the OLC has failed to meet the requirement of section (Board’s functions in relation to complaints) (3)(a) or (b), or (b) that the OLC has failed to comply with any requirement imposed on it by or under this Act (including this section) or any other enactment. (2) If, in all the circumstances of the case, the Board is satisfied that it is appropriate to do so, it may direct the OLC to take in a case within subsection (1)(a) or (b) such steps as the Board considers will remedy the failure, mitigate its effect or prevent its recurrence. (3) A direction under subsection (2) may only require the OLC to take steps which it has the power to take. (4) For the purpose of this section, a direction to take steps includes a direction which requires the OLC to refrain from taking a particular course of action. (5) The power to give a direction under this section is subject to any provision made by or under any other enactment. (6) The Board may take steps as it regards as appropriate to monitor and investigate the extent to which a direction under this section is being, or has been, complied with. (7) Where the Board revokes a direction under this section, it must— (a) give the OLC notice of the revocation, and (b) publish that notice.’. See Members’ explanatory statement for NC7. Simon Hughes
228 Clause 133, page 68, line 44, leave out from ‘complaint’ to end of line 4 on page 69. To ensure it is not possible for complainants to be liable to pay costs. Simon Hughes
229 Clause 133, page 69, line 5, leave out paragraph (j). See Members’ explanatory statement for amendment 228. Simon Hughes
230 Clause 133, page 69, line 14, at end insert— ‘( ) for the identity of respondents to be published.’. To prompt the OLC to make rules about identifying those legal services providers it has upheld complaints against. Simon Hughes
231 Clause 136, page 70, line 39, leave out paragraphs (a), (b) and (c) and insert— ‘(a) the complaint against the respondent is determined or otherwise resolved at least partially in favour of the complaint; or (b) in the ombudsman’s in accordance with the regulatory arrangements which the approved regulator has made under section 112.’. This series of amendments requires the OLC to set rules enabling charges payable by respondents to be reduced or waived and indicates appropriate conditions for these to apply. Simon Hughes
232 Clause 136, page 71, line 5, leave out subsections (3) and (4). See Members explanatory statement for amendment 231. Simon Hughes
233 Clause 137, page 71, line 34, at end insert— ‘( ) In considering what is fair and reasonable in the circumstances, the Ombudsman shall take into account the relevant levels of damages awarded by courts in similar circumstances, and relevant codes of practices, professional rules, standards and guidance.’. This amendment is intended to give guidance to the OLC as to the way in which it should determine what is ‘fair and reasonable’ when exercising its powers under the Act. Simon Hughes
234 Clause 138, page 72, line 32, leave out ‘£20,000’ and insert ‘£100,000’. To increase the maximum amount of redress that can be awarded by the OLC ombudsman to £100,000. Simon Hughes
235 Clause 140, page 74, line 19, after ‘complaint’, insert ‘either while the ombudsman is considering the compliant or’. To stop respondents from beginning or continuing legal proceedings against a complainant while the OLC is considering the case (or vice versa). Simon Hughes
236 Clause 150, page 80, line 4, leave out ‘a person (“the defaulter”)’ and insert ‘an authorised person’. This amendment would ensure that the Office for Legal Complaints can enforce requirements to provide information or produce documents only against an authorised person, and not against a complainant. Board’s general duty to consult Simon Hughes
NC10 To move the following Clause:— ‘The Board must make and maintain effective arrangements for consulting representatives of practitioners and consumers on the extent to which its general policies and practices are consistent with its duty under section 3.’. The purpose of these amendments is to ensure that the Legal Services Board consults appropriately about its approach to carrying out its responsibilities generally, rather than merely in respect of individual decisions, especially as to the scope of its proposed workplan. Consultation Simon Hughes
NC11 To move the following Clause:— ‘Arrangements under section (Board’s general duty to consult) must include consultation in advance of the Board setting its workplan for each year, so as to obtain the views of persons consulted on— (a) the degree to which the Board’s proposed activities are appropriately targeted on areas giving rise to the greatest regulatory concern, and (b) whether or not the proposed programme of works is proportionate, having regard to the need to avoid imposing unnecessary regulatory burdens.’. See Members explanatory statement for NC10. Simon Hughes
237 Clause 174, page 92, line 14, after ‘means’, insert ‘two-thirds of’. To ensure that the Government meets one-third of the running costs of the Legal Services Board. Simon Hughes
238 Clause 174, page 92, line 16, leave out ‘including’ and insert ‘excluding’. These amendments are designed to ensure that the start up costs of the new arrangements are borne by the Government, rather than being transferred to the legal profession. Simon Hughes
239 Clause 174, page 92, line 17, leave out ‘and’ and insert ‘but including’. See Members’ explanatory statement for amendment 238. Simon Hughes
240 Clause 174, page 92, line 26, leave out ‘including’ and insert ‘excluding’. See Members’ explanatory statement for amendment 238. Simon Hughes
241 Clause 174, page 92, line 33, leave out ‘means’ and insert ‘excludes’. See Members’ explanatory statement for amendment 238. Simon Hughes
242 Clause 177, page 94, line 33, at end insert— ‘( ) The duty to comply with regulatory arrangements overrides any obligations which a person may have, including to shareholders (otherwise than under the criminal law), if those obligations are inconsistent with the duty to comply with the regulatory arrangements.’. This amendment is intended to put beyond doubt that for all those within the regulated sector, the duty to comply with regulatory arrangements is paramount—irrespective of any other obligations which would otherwise apply, except for those under the criminal law. Simon Hughes
243 Clause 194, page 106, line 41, leave out subsection (2). This amendment is intended remove the exemption from the requirement to hold a Practising Certificate which currently applies to solicitors employed by Government departments. |
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