Legal Services Bill [Lords] - continued          House of Commons

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Bridget Prentice

95

Schedule 16, page 275, line 29, after ‘solicitor’, insert ‘or employee of a solicitor’.

Members’ explanatory statement
This amendment, together with amendment 96, allows the Tribunal to make an order, on one or more of the grounds set out in subsection (1), prohibiting an employee of a solicitor from employing or remunerating a person who is the subject of that order.

Bridget Prentice

96

Schedule 16, page 275, line 30, leave out ‘his practice as a’ and insert ‘the practice carried on by that’.

Members’ explanatory statement
This amendment, together with amendment 95, allows the Tribunal to make an order, on one or more of the grounds set out in subsection (1), prohibiting an employee of a solicitor from employing or remunerating a person who is the subject of that order.

Bridget Prentice

197

Schedule 16, page 275, line 47, at end insert—

    ‘() For this purpose a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).’.

Members’ explanatory statement
This amendment inserts a definition of “interest in the body”. The definition refers to the definition of interest in a body in Clause 72 of the Bill.

Bridget Prentice

97

Schedule 16, page 277, line 2, after ‘solicitor’, insert ‘or any employee of the solicitor who is an authorised person’.

Members’ explanatory statement
This amendment is consequential upon amendment 85, which inserted a reference to employees into section 56 of the Solicitors Act 1974.

Bridget Prentice

98

Schedule 16, page 277, line 23, at end insert—

      ‘(4) A provision in the agreement that any manager of the body shall be relieved from any responsibility to which the manager would otherwise be subject in the course of the carrying on by the body of its business as a recognised body shall be void.’.

Members’ explanatory statement
This amendment prohibits provision in a contentious business agreement relieving a recognised body’s manager of responsibility.

Bridget Prentice

99

Schedule 16, page 280, line 35, leave out ‘or employee’.

Members’ explanatory statement
This amendment is consequential upon amendment 92.

Bridget Prentice

100

Schedule 16, page 280, line 37, leave out ‘or employee’.

Members’ explanatory statement
This amendment is consequential upon amendment 92.

Bridget Prentice

101

Schedule 16, page 281, line 18, after ‘etc)’, insert ‘—

      (a) for sub-paragraph (1) substitute—

    “(1) Where a recognised body acts as such for a client, any communication, document, material or information is privileged from disclosure in like manner as if the recognised body had at all material times been a solicitor acting for the client.”, and

      (b) ’.

Members’ explanatory statement
This amendment provides that not only a “communication”, but also “a document, material or information”, is privileged in like manner as if the recognised body 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

198

Schedule 17, page 295, line 2, leave out ‘of the persons within subsection (5)’ and insert ‘director of the body’.

Members’ explanatory statement
This amendment adjusts the management and control condition in sub-paragraph (4) to provide that at least one of the directors must be a licensed conveyancer. See also amendment 199.

Bridget Prentice

199

Schedule 17, page 295, leave out lines 4 to 6.

Members’ explanatory statement
This amendment is related to amendment 198, which adjusts the management and control condition such that sub-paragraph (5) is no longer necessary.

Bridget Prentice

200

Schedule 17, page 295, line 17, after ‘managers’, insert ‘or employees’.

Members’ explanatory statement
This amendment alters the definition of “relevant legal services” to refer to employees who are authorised persons, rather than just managers who are authorised persons.

Bridget Prentice

201

Schedule 17, page 295, line 23, leave out ‘in shares’.

Members’ explanatory statement
This amendment is related to amendment 111. It adjusts the meaning of interest in a recognised body to refer to the definition of interest in a body in Clause 72 of the Bill, rather than the former “interest in shares” in a body.

Bridget Prentice

102

Schedule 17, page 295, line 26, leave out from beginning to ‘does’ in line 28 and insert—

‘22 For section 33 (legal professional privilege) substitute—

    33 Legal professional privilege

      (1) Subsection (2) applies where a licensed conveyancer or recognised body acts as such for a client.

      (2) Any communication, document, material or information is privileged from disclosure in like manner as if the licensed conveyancer or body had at all material times been acting as the client’s solicitor.

      (3) This section”.’.

Members’ explanatory statement
This amendment provides that not only a “communication”, but also “a document, material or information”, 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’.

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.

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 Certificate 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 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’.

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 union.

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 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

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 communications, 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) ”,

      ( ) 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 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—

‘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—

‘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-authorised person in a licensable body) section 72’.
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.

      (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.

      (3) The Practioner Panel may publish such information as it thinks fit about any representations made by it to the Board.

      (4) Where the Consumer Panel publishes information about any representations made by it, the Board must publish any notice it gives under subsection (2) in respect of those representations.’.


The Practioner Panel

Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood

NC5

    To move the following Clause:—

      ‘(1) The Board must establish and maintain a panel of persons (to be known as “the Practioner Panel”) to represent the interests of practitioners and consult them on the extent to which its general policies and practices are consistent with its general duties under section 1.

      (2) The Board must appoint one of the members of the Practioner Panel to be the chairman of the Panel.

      (3) The Lord Chancellor’s approval is required for the appointment or dismissal of the chairman.

      (4) The Board must have regard to any representation made to it by the Practioner Panel.

      (5) The Board must appoint to the Practitioner Panel such—

        (a) individuals who are authorised persons,

        (b) persons representing authorised persons,

      as it considers appropriate.

      (6) The chairman and other members of the Practioner Panel are to be—

        (a) appointed on terms and conditions determined by the Board, and

        (b) paid by the Board in accordance with provision made by or under the terms of appointment.’.


Committees and the procedure of the Practioner Panel

Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood

NC6

    To move the following Clause:—

      ‘(1) The Practioner Panel may make such arrangements as it thinks fit for committees established by the Panel to give advice to the Panel about matters relating to the carrying out of the Panel’s functions.

      (2) The Practioner Panel may make such other arrangements for regulating its own procedure, and for regulating the procedure of the committees established by it, as it thinks fit.

      (3) Those arrangements may include arrangements as to quorums and as to the making of decisions by a majority.

      (4) The committees established by the Practioner Panel may include committees the membership of which include persons who are not members of the Panel.

      (5) The membership of every committee established by the Practioner Panel must contain at least one person who is a member of the Panel.

      (6) Where a person who is not a member of the Practioner Panel is a member of a committee established by it, the Board may pay to that person such remuneration and expenses as the Board may determine.’.


 
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Prepared: 11 June 2007