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309

 

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:

 

234-307

 

Public Bill Committee


 

Legal Services Bill [Lords]

 

Patent and trade mark agents

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Tobias Ellwood

 

NC16

 

To move the following Clause:—

 

‘A body—

 

(a)    

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

 

description “Registered Trade Mark Agents” or “Registered Patent

 

Agents”; and

 

(b)    

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

 

descriptions.’.

 

John Mann

 

278

 

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

 

‘(3)    

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                  

310

 

Legal Services Bill [Lords], continued

 
 

John Mann

 

279

 

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

 

‘(2A)    

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

 

functions.’.

 

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

 

ting.

 

John Mann

 

280

 

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

 

‘(11)    

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

 

281

 

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

 

‘(4)    

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

 

282

 

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

 

‘(3)    

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

 

services.’.

 

 

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

 

283

 

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


 
 

Notices of Amendments: 14th June 2007                  

311

 

Legal Services Bill [Lords], continued

 
 

‘(6)    

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

 

284

 

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

 

‘(4A)    

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

 

285

 

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

 

‘(za)    

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

 

286

 

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

 

‘(6)    

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

 

287

 

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

 

‘(za)    

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

 

persons.’.

 

 

Members’ explanatory statement

 

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

 

John Mann

 

288

 

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

 

‘(1A)    

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

 

289

 

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

 

John Mann

 

290

 

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


 
 

Notices of Amendments: 14th June 2007                  

312

 

Legal Services Bill [Lords], continued

 
 

John Mann

 

291

 

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

 

so’.

 

John Mann

 

292

 

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

 

assistant ombudsman.’.

 

John Mann

 

293

 

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

 

to an approved regulator.’.

 

John Mann

 

294

 

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

 

functions’.

 

 

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

 

295

 

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

 

‘(3)    

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.

 

(4)    

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.’.

 


 
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