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

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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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Revised 15 June 2007