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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| Legal Services Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [12th June 2007]. |
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| Clause 4, page 2, line 36, at beginning insert ‘(1)’. |
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| Clause 4, page 2, line 36, leave out ‘assist in the maintenance and development’ |
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| and insert ‘ensure the development and maintenance’. |
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| Clause 4, page 3, line 1, at end insert— |
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| | ‘( ) | In relation to subsection (1)(b), the Board must satisfy itself that appropriate |
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| | standards of education and training, including training in client care, are being |
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| | maintained by approved regulators and, should it not be so satisfied in respect of |
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| | any particular education and training scheme or schemes, the Board must |
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| | consider withdrawal of its approval of that scheme or those schemes.’. |
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| Clause 8, page 3, line 31, at end insert— |
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| | ‘( ) | The approval of the Lord Chancellor is required for the appointment of a person |
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| | to be the chairman or to be another member of the Panel.’.
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| | Members’ explanatory statement
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| | To make the Lord Chancellor responsible for approving appointments to the Consumer Panel. |
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| Clause 8, page 4, line 3, at end insert— |
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| | ‘(c) | corporate users of such services.’. |
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| | Members’ explanatory statement
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| | This amendment makes clear that the Consumer Panel should include representatives of corporate |
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| | users of legal services, as well as individuals and small businesses, and disapplies the prohibition |
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| | on authorised persons serving as members of the Consumer Panel so far as any representative of |
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| | corporate users of legal services is concerned. |
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| Clause 8, page 4, line 3, at end insert ‘, and |
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| | (c) | qualified but non-practising solicitors who, in their professional capacity, |
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| | use or purchase services provided by persons who are authorised persons |
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| | in relation to activities which are reserved legal activities.’. |
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| Clause 8, page 4, line 11, after ‘(d)’ insert ‘save in respect of a person appointed to |
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| represent corporate users of reserved legal activities.’. |
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| | Members’ explanatory statement
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| | See statement for amendment 208. |
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| Clause 8, page 4, line 12, at end insert ‘, except for those authorised persons |
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| referred to under subsection 4(c).’. |
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| Clause 8, page 4, line 21, after ‘appointed’ insert— |
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| | ‘(a) | by the Board following public advertisement and selection by the |
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| | prevailing standards for selection of members of public bodies and’. |
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| Clause 11, page 5, line 10, after ‘Board’, insert ‘or on its own initiative’.
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| | Members’ explanatory statement
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| | To enable the Consumer Panel to carry out research and give advice to the Board on its own ini |
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| | tiative, rather than only being permitted to do so at the Board’s request. |
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| Clause 11, page 5, line 16, at end add— |
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| | ‘(4) | In acting on its own initiative under subsection (1), the Consumer Panel shall not |
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| | impose any costs on any of the approved regulators.’.
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| Clause 11, page 5, line 16, at end add— |
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| | ‘(4) | It shall be the duty of the Board (subject to subsection (5))— |
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| | (a) | to provide the Consumer Panel with all such information as, having |
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| | regard, in particular to the need to preserve commercial confidentiality, |
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| | the Board considers appropriate to disclose to the Panel for the purpose |
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| | of enabling the Panel to carry out their functions; and |
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| | (b) | to provide the Panel with all such further information as the Panel may |
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| | (5) | The Board is not required to provide information by virtue of subsection (4)(b) if, |
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| | (a) | the need to preserve commercial confidentiality, and |
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| | (b) | any other matters that appear to the Board to be relevant, |
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| | | it is reasonable for the Board to refuse to disclose it to the Panel.’ |
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| | Members’ explanatory statement
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| | To ensure the Consumer Panel has access to the information it needs to carry out its functions, |
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| | which is held by the Board, subject to appropriate restrictions. |
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| Clause 12, page 5, line 26, at end insert— |
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| | ‘(ea) | preparation of wills’. |
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| | Members’ explanatory statement
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| | To add will-writing to the list of reserved legal activities which can only be carried out by author |
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| Clause 15, page 7, line 15, at end insert— |
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| | ‘( ) | Where P is an independent trade union, persons provided with relevant services |
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| | (a) | their membership or former membership of P, or |
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| | (b) | another person’s membership or former membership of P, |
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| | | do not constitute the public or a section of the public.’. |
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| | Members’ explanatory statement
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| | The effect of this amendment is that an independent trade union falls under Clause 15(4), and |
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| | therefore does not need to be entitled, when it carries out certain member services that are re |
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| | served legal activities. The individual through whom the union carries on such services will still |
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| Clause 15, page 7, line 16, after ‘(6)’, insert ‘Subject to that,’. |
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| | Members’ explanatory statement
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| | This amendment provides that orders under Clause 15(6) are subject to the provision at amend |
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| Clause 17, page 8, line 22, at end insert— |
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| | ‘(4) | All persons claiming to be entitled to carry on any activity which is a reserved |
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| | legal activity shall have a duty to make clearly known to each client, at the |
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| | beginning of their dealings with each other— |
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| | (a) | their professional title and qualifications; and |
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| | (b) | the most senior member of the firm to whom they are accountable.’. |
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| Clause 18, page 8, line 32, at end insert— |
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| | ‘(c) | A body, which is not a licensable body, but which carries on a relevant |
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| | activity by virtue of Section [Registration of non-authorised managers]’.
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| | Members’ explanatory statement
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| | See Members’ explanatory statement for NC14. |
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| Schedule 3, page 130, line 14, leave out from ‘individual’ to ‘in’ in line 15 and |
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| insert ‘whose work includes assisting’. |
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| | Members’ explanatory statement
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| | This amends paragraph 1(7)(a) of Schedule 3 in order to clarify the category of persons who, if |
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| | appropriately supervised, are exempt from the requirement to be authorised in order to exercise |
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| | rights of audience. It is intended to ensure that, for example, partners in a partnership can be ex |
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| Schedule 3, page 131, line 37, leave out paragraph (b). |
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| | Members’ explanatory statement
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| | This amendment removes paragraph 3(4)(b) from the Bill on the basis that this provision is no |
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| | longer necessary given the effect of amendment 131. |
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| Schedule 3, page 131, line 39, leave out paragraphs (d) to (f) and insert— |
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| | ‘( ) | P is a manager or employee of a body which is an authorised person in |
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| | relation to the activity, and E is also a manager or employee of that |
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| | Members’ explanatory statement
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| | This amendment replaces paragraphs 3(4)(d) to (f), which identify connected persons in specific |
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| | kinds of bodies, with a more general provision which identifies connected persons in any body |
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| | which is an authorised person. It will, for example, cover recognised bodies which are partner |
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| Schedule 3, page 133, line 10, leave out paragraph (b). |
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| | Members’ explanatory statement
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| | This amendment removes paragraph 4(3)(b) from the Bill on the basis that this provision is no |
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| | longer necessary given the effect of amendment 133. |
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| Schedule 3, page 133, line 12, leave out paragraphs (d) and (e) and insert— |
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| | ‘( ) | P is a manager or employee of a body which is an authorised person in |
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| | relation to the activity, and E is also a manager or employee of that |
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| | Members’ explanatory statement
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| | This amendment replaces paragraphs 4(3)(d) and (e), which identify connected persons in specific |
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| | kinds of bodies, with a more general provision which identifies connected persons in any body |
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| | which is an authorised person. It will, for example, cover recognised bodies which are partner |
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| Schedule 4, page 142, line 14, leave out sub-paragraph (3) and insert— |
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| | ‘(3) | Alterations are exempt unless the Board has directed that they are not to be treated |
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| | as exempt for the purposes of this paragraph.’.
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| | Members’ explanatory statement
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| | This amendment is designed to reverse the presumption that the advance approval of the Legal |
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| | Services Board should be required to changes to approved regulators’ regulatory arrangements. |
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| Clause 23, page 12, line 1, leave out ‘a’ and insert ‘an independent’. |
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| | Members’ explanatory statement
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| | This amendment is part of a set of amendments that change the Bill’s references to trade unions to |
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| | independent trade unions, as defined in amendment 126. This amendment provides that independ |
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| | ent trade unions will have the transitional protection set out in Clause 23. |
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| Clause 28, page 14, line 9, leave out ‘, so far as is reasonably practicable,’.
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| Clause 29, page 14, line 26, leave out ‘prejudiced’ and insert ‘improperly |
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| constrained or influenced’.
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| Clause 30, page 15, line 8, at end insert— |
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| | ‘( ) | that the majority of the ordinary members of a committee that an |
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| | approved regulator authorises to exercise its regulatory functions are lay |
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| Clause 30, page 15, line 16, at end insert— |
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| | ‘(3A) | When making rules under subsections (1) to (3), the Board must satisfy itself that |
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| | approved regulators have established organisational structures and procedural |
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| | practices which distinguish sufficiently clearly between their regulatory and |
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| | representative functions.’.
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