Notices of Amendments
given on
Thursday 7th June 2007
Public Bill Committee
Legal Services Bill [Lords]
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in
respect of the Bill agreed the following Resolution at its meeting on
Thursday 7th June (Standing Order No. 83C).
Bridget Prentice has given notice of her intention to move
a motion in terms of the Resolution of the Programming Sub-Committee.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
244
Clause 28, page 14, line 9, leave
out ‘, so far as is reasonably practicable,’.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
245
Clause 29, page 14, line 26, leave
out ‘prejudiced’ and insert ‘improperly constrained
or influenced’.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
246
Clause 30, page 15, line 16, at
end insert—
Seperation of funds proportionality
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
NC12
Appeal against public censure
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
NC13
(c) that in all circumstances, the publication of a statement
under section 35 is, or the terms of the statement published or to be
published are (or would be), manifestly unreasonable or inappropriate;
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
247
Clause 36, page 18, line 15, at
end add—
‘(4A) As soon as practicable after deciding to publish
a statement, the Board must give notice to the approved regulator stating
that it has reached that decision and setting out the terms in which
the statement is to be published; and the Board must not publish the
statement until after the expiry of 7 days beginning with the day on
which notice is given under this subsection.’.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
248
Clause 39, page 20, line 3, at
end insert—
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
249
Clause 39, page 20, line 27, leave
out subsection (7).
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
250
Clause 47, page 25, line 27, leave
out subsection (5) and insert—
‘(5) If the order which the Board intends to make
differs from the draft published under subsection (2) in a way which
in the opinion of the Board is material, the Board must, before making
the order, publish the draft order along with a statement detailing
the changes made and the reasons for those changes.’.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
251
Clause 51, page 28, line 4, at
end insert—
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
252
Clause 54, page 30, line 27, at
end insert—
(a) determine whether such regulatory conflict exists with
the external regulatory body’s requirements and, where it so determines,
take such steps as are reasonably practicable to address the regulatory
conflict outlined by the external regulatory body, or,
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Tobias Ellwood
253
Clause 55, page 31, line 6, at
end insert—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
254
Clause 3, page 2, line 34, at
end add—
Members’ explanatory statement
This amendment is designed to ensure that regulation is proportionate
and risk-based.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
255
Schedule 4, page 142, line 14, leave
out sub-parargraph (3) and insert—
Members’ explanatory statement
This amendment is designed to reverse the presumption that the advance
approval of the Legal Services Board should be required to changes to
approved regulators’ regulatory arrangements.
Registration of non-authorised managers
Mr Jonathan Djangoly
Mr Henry Bellingham
Mr Tobais Ellwood
NC14
‘(1) Any body “B” which carries on an
activity under Section 13 of this Act, which is not a “licensable
body” as defined in Section [71(1)] but which has at least one
manager who is not an authorised person, must register any non-authorised
manager with an approved regulator.
(5) B will cease to be entitled to carry on an activity
under Section 13 of this Act if B knowingly carries on reserved activities
whilst a person, disqualified under Section 99, continues to be a manager
of B.’.
Members’ explanatory statement
This would enable practices to have 25% or less on a headcount of managers
who are not lawyers and who are not providing services to clients (so
called Legal Practice Plus), to be operational from enactment alongside
other forms of LDP.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
256
Clause 18, page 8, line 32, at
end insert—
Members’ explanatory statement
See Members’ explanatory statement for NC14.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
257
Clause 72, page 41, line 10, leave
out subsection (1) and insert—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
258
Clause 54, page 30, line 21, at
end insert—
Members’ explanatory statement
This amendment would bring parity between the different forms of conflict
an approved regulator might face - either with external regulators or
with approved regulators.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
259
Clause 72, page 41, line 13, at
end insert—
Members’ explanatory statement
This purpose of this amendment is to enable Legal Disciplinary Practices
to be regulated under the Law Society’s ordinary regulatory regime
providing at least three-quarters of their members are lawyers; substantial
majority of lawyers; they do not have external ownership; and any non-lawyer
partners or members do not provide services direct to clients.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
260
Schedule 16, page 264, line 35, leave
out paragraphs (a) and (b) and insert—
‘at least three-quarters of the partners are authorised persons
or are registered foreign lawyers, and any other partners do not directly
provide services to clients.’.
Members’ explanatory statement
See Members’ explanatory statement for amendment 259.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
261
Schedule 16, page 264, line 43, leave
out paragraphs (a) and (b) and insert—
‘at least three-quarters of the members of the body are authorised
persons or are registered foreign lawyers, and any other members do
not directly provide services to clients.’.
Members’ explanatory statement
See Members’ explanatory statement for amendment 259.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
262
Schedule 16, page 265, line 6, leave
out paragraphs (a) and (b) and insert—
‘at least three-quarters of the persons within subsection (5)
are authorised persons or are registered foreign lawyers, and any other
members do not directly provide services to clients.’.
Members’ explanatory statement
See Members’ explanatory statement for amendment 259.
Mr Kevan Jones
263
Clause 30, page 15, line 8, at
end insert—
Mr Kevan Jones
264
Schedule 1, page 121, line 19, leave
out ‘first’.
Mr Kevan Jones
265
Clause 138, page 72, line 32, leave
out ‘£20,000’ and insert ‘£50,000’.
Mr Kevan Jones
266
Clause 138, page 72, line 39, leave
out subsection (3).
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
267
Clause 4, page 2, line 36, at
beginning insert ‘(1)’.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
268
Clause 71, page 41, line 8, at
end insert ‘, provided that a body is not a “licensable
body” if the only managers who are non-authorised persons are
individuals who do not directly provide any services to consumers.’.
Members’ explanatory statement
To ensure that a law firm or LLP will not become an ABS solely because
it wishes to appoint as a manager non-lawyer professionals. This will
apply only if these appointees only provide services to their firms
internally and do not directly provide services to clients of the firm.
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