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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Legal Services Bill [Lords] |
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| | Patent and trade mark agents |
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| To move the following Clause:— |
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| | (a) | existing at the date this Act comes into force and entitled to use the |
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| | description “Registered Trade Mark Agents” or “Registered Patent |
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| | (b) | which through the operation of section 72(1)(b) of this Act would |
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| | otherwise be a licensable body, |
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| | shall not be a licensable body unless it ceases to be entitled to use the said |
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| Clause 29, page 14, line 30, at end insert— |
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| | ‘(3) | When acting under subsections (1) and (2) of this section the Board must satisfy |
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| | itself that approved regulators have established organisational structures and |
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| | procedural practices which distinguish sufficiently clearly between their |
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| | regulatory and representative functions.’.
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| | Members’ explanatory statement
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| | This amendment would enable the Legal Services Board to ensure that the approved regulators |
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| | have established an adequate distinction between their regulatory and representative functions. |
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| Clause 31, page 15, line 21, at end insert— |
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| | ‘(2A) | Investigate the performance by an approved regulator of any of its regulatory |
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| | Members’ explanatory statement
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| | This amendment provides the Board with the power to investigate performance of the approved |
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| | regulator. Investigating concerns first allows, if necessary, for sensible and reasonable target set |
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| Clause 42, page 22, line 25, at end add— |
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| | ‘(11) | The Board may, in situations which it considers to constitute an emergency and |
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| | in which it is satisfied that delay in securing a warrant under subsection (3) would |
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| | be likely to prejudice the performance of its duties, exercise those powers in |
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| | respect of which a warrant would otherwise be necessary until such time as an |
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| | application under subsection (3) can be heard.’.
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| | Members’ explanatory statement
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| | This amendment would enable the Board to exercise its power of entry and search of a regulator’s |
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| | premises in respect of an intervention direction, prior to a successful application to a judge of Jus |
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| | tice of the Peace for a warrant, in an emergency situation. |
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| Clause 56, page 31, line 31, at end add— |
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| | ‘(4) | Without prejudice to subsection (2) the Board may, in exceptional circumstances |
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| | and as a temporary measure, issue an order requiring the approved regulator to |
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| | comply with the notice or with such directions as would have been contained in |
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| | the order had a successful application been made.’.
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| | Members’ explanatory statement
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| | This amendment provides for occasions on which the Board’s power of enforcement proves inad |
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| | equate, including when it is clear that the failure by an Approved Regulator to comply with a notice |
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| | of direction will result in continued adverse impacts on consumers. |
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| Clause 71, page 41, line 8, at end add— |
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| | ‘(3) | Without prejudice to the powers vested in the board by this Part of this Act, the |
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| | Board must seek to ensure that, as far as is practicable, licenses to permit |
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| | alternative business structures for the provision of legal services are issued on an |
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| | incremental basis, in order to reduce the risk of a disruption of the market for legal |
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| | Members’ explanatory statement
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| | This amendment will enable the Legal Services Board to manage the process via which new busi |
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| | ness structures emerge into the legal services market. |
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| Clause 113, page 61, line 35, at end add— |
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| | ‘(6) | Nothing in this Part is intended to prevent an application to the Solicitors’ |
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| | Compensation Fund for redress in respect of a determination by an ombudsman |
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| | with which a solicitor respondent is unable or unwilling to comply.’.
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| Clause 137, page 72, line 25, at end insert— |
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| | ‘(4A) | For the purposes of paragraphs 2(d) and (e), in the event of a respondent’s failure, |
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| | within a reasonable period, to act on a determination, the ombudsman may order, |
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| | at the expense of the respondent, the necessary rectification to be secured or |
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| | action to be taken by an alternative authorised person.’.
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| Clause 121, page 63, line 11, at end insert— |
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| | ‘(za) | investigate the handling of complaints by the Office for Legal |
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| | Complaints (complaints under this subsection include those handled on |
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| | behalf of the Office for Legal Complaints and those referred to Approved |
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| | Regulators by the Office for Legal Compliants).’. |
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| Clause 121, page 63, line 24, at end insert— |
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| | ‘(6) | The Board may take any steps it considers reasonably necessary to ensure the |
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| | OLC’s compliance with any obligations set under section 118(1)(a), (b) and (c).’. |
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| Clause 122, page 63, line 32, at end insert— |
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| | ‘(za) | the majority of persons appointed under paragraph 1(b) must be lay |
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| | Members’ explanatory statement
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| | This amendment would ensure that a majority of assistant ombudsman must be lay people. |
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| Clause 133, page 68, line 11, at end insert— |
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| | ‘(1A) | The provision of an independent avenue of review for compainants who consider |
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| | that an approved regulator’s consideration of a regulatory issue was inadequate |
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| | or that its determination was unreasonable.’. |
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| Clause 133, page 68, line 17, leave out ‘may’ and insert ‘must’. |
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| Clause 133, page 68, line 18, leave out ‘specified’ and insert ‘all’. |
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| Clause 133, page 68, line 18, at end insert ‘in which he considers it reasonable to do |
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| Clause 133, page 68, line 22, at end insert ‘only by the Chief Ombudsman or an |
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| Clause 133, page 68, line 25, at end insert ‘but not, for the avoidance of any doubt, |
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| to an approved regulator.’. |
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| Clause 134, page 70, line 7, leave out ‘any function’ and insert ‘only those |
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| | Members’ explanatory statement
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| | This amendment is intended to ensure that, in designing the scheme rules, powers of delegation |
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| | should be limited and decisions to delegate are not made ‘on the hoof’. |
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| Clause 160, page 84, line 38, at end add— |
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| | ‘(3) | The Secretary of State is required before authorising the repeal of those parts, |
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| | sections and schedules of the Courts and Legal Services Act 1990 and the Access |
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| | to Justice Act 1999 (which relate respectively to the Office of the Legal Services |
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| | Ombudsman and the Office of the Legal Services Complaints Commissioner) to |
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| | satisfy himself that the interests of the consumers of legal services are being |
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| | adequately protected and promoted and that the new regime is providing timely, |
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| | high quality, effective outcomes which are consumer focused. |
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| | (4) | In reaching his decision the Secretary of State must seek, and give due weight to; |
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| | the views of the Board, the OLC, the Legal Services Complaints Commissioner |
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| | and the Legal Services Ombudsman.’. |
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