House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament




House of Commons


Notices of Amendments


given on


Thursday 14th June 2007


For other Amendment(s) see the following page(s) of Supplement to Votes:




Public Bill Committee


Legal Services Bill [Lords]


Patent and trade mark agents


Mr Jonathan Djanogly


Mr Henry Bellingham


Mr Tobias Ellwood




To move the following Clause:—


‘A body—



existing at the date this Act comes into force and entitled to use the


description “Registered Trade Mark Agents” or “Registered Patent


Agents”; and



which through the operation of section 72(1)(b) of this Act would


otherwise be a licensable body,


shall not be a licensable body unless it ceases to be entitled to use the said




John Mann




Clause  29,  page  14,  line  30,  at end insert—



When acting under subsections (1) and (2) of this section the Board must satisfy


itself that approved regulators have established organisational structures and


procedural practices which distinguish sufficiently clearly between their


regulatory and representative functions.’.



Members’ explanatory statement


This amendment would enable the Legal Services Board to ensure that the approved regulators


have established an adequate distinction between their regulatory and representative functions.


Notices of Amendments: 14th June 2007                  



Legal Services Bill [Lords], continued


John Mann




Clause  31,  page  15,  line  21,  at end insert—



Investigate the performance by an approved regulator of any of its regulatory




Members’ explanatory statement


This amendment provides the Board with the power to investigate performance of the approved


regulator. Investigating concerns first allows, if necessary, for sensible and reasonable target set­




John Mann




Clause  42,  page  22,  line  25,  at end add—



The Board may, in situations which it considers to constitute an emergency and


in which it is satisfied that delay in securing a warrant under subsection (3) would


be likely to prejudice the performance of its duties, exercise those powers in


respect of which a warrant would otherwise be necessary until such time as an


application under subsection (3) can be heard.’.



Members’ explanatory statement


This amendment would enable the Board to exercise its power of entry and search of a regulator’s


premises in respect of an intervention direction, prior to a successful application to a judge of Jus­


tice of the Peace for a warrant, in an emergency situation.


John Mann




Clause  56,  page  31,  line  31,  at end add—



Without prejudice to subsection (2) the Board may, in exceptional circumstances


and as a temporary measure, issue an order requiring the approved regulator to


comply with the notice or with such directions as would have been contained in


the order had a successful application been made.’.



Members’ explanatory statement


This amendment provides for occasions on which the Board’s power of enforcement proves inad­


equate, including when it is clear that the failure by an Approved Regulator to comply with a notice


of direction will result in continued adverse impacts on consumers.


John Mann




Clause  71,  page  41,  line  8,  at end add—



Without prejudice to the powers vested in the board by this Part of this Act, the


Board must seek to ensure that, as far as is practicable, licenses to permit


alternative business structures for the provision of legal services are issued on an


incremental basis, in order to reduce the risk of a disruption of the market for legal





Members’ explanatory statement


This amendment will enable the Legal Services Board to manage the process via which new busi­


ness structures emerge into the legal services market.


John Mann




Clause  113,  page  61,  line  35,  at end add—


Notices of Amendments: 14th June 2007                  



Legal Services Bill [Lords], continued



Nothing in this Part is intended to prevent an application to the Solicitors’


Compensation Fund for redress in respect of a determination by an ombudsman


with which a solicitor respondent is unable or unwilling to comply.’.



John Mann




Clause  137,  page  72,  line  25,  at end insert—



For the purposes of paragraphs 2(d) and (e), in the event of a respondent’s failure,


within a reasonable period, to act on a determination, the ombudsman may order,


at the expense of the respondent, the necessary rectification to be secured or


action to be taken by an alternative authorised person.’.



John Mann




Clause  121,  page  63,  line  11,  at end insert—



investigate the handling of complaints by the Office for Legal


Complaints (complaints under this subsection include those handled on


behalf of the Office for Legal Complaints and those referred to Approved


Regulators by the Office for Legal Compliants).’.


John Mann




Clause  121,  page  63,  line  24,  at end insert—



The Board may take any steps it considers reasonably necessary to ensure the


OLC’s compliance with any obligations set under section 118(1)(a), (b) and (c).’.


John Mann




Clause  122,  page  63,  line  32,  at end insert—



the majority of persons appointed under paragraph 1(b) must be lay





Members’ explanatory statement


This amendment would ensure that a majority of assistant ombudsman must be lay people.


John Mann




Clause  133,  page  68,  line  11,  at end insert—



The provision of an independent avenue of review for compainants who consider


that an approved regulator’s consideration of a regulatory issue was inadequate


or that its determination was unreasonable.’.


John Mann




Clause  133,  page  68,  line  17,  leave out ‘may’ and insert ‘must’.


John Mann




Clause  133,  page  68,  line  18,  leave out ‘specified’ and insert ‘all’.


Notices of Amendments: 14th June 2007                  



Legal Services Bill [Lords], continued


John Mann




Clause  133,  page  68,  line  18,  at end insert ‘in which he considers it reasonable to do




John Mann




Clause  133,  page  68,  line  22,  at end insert ‘only by the Chief Ombudsman or an


assistant ombudsman.’.


John Mann




Clause  133,  page  68,  line  25,  at end insert ‘but not, for the avoidance of any doubt,


to an approved regulator.’.


John Mann




Clause  134,  page  70,  line  7,  leave out ‘any function’ and insert ‘only those





Members’ explanatory statement


This amendment is intended to ensure that, in designing the scheme rules, powers of delegation


should be limited and decisions to delegate are not made ‘on the hoof’.


John Mann




Clause  160,  page  84,  line  38,  at end add—



The Secretary of State is required before authorising the repeal of those parts,


sections and schedules of the Courts and Legal Services Act 1990 and the Access


to Justice Act 1999 (which relate respectively to the Office of the Legal Services


Ombudsman and the Office of the Legal Services Complaints Commissioner) to


satisfy himself that the interests of the consumers of legal services are being


adequately protected and promoted and that the new regime is providing timely,


high quality, effective outcomes which are consumer focused.



In reaching his decision the Secretary of State must seek, and give due weight to;


the views of the Board, the OLC, the Legal Services Complaints Commissioner


and the Legal Services Ombudsman.’.


House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 15 June 2007