House of Commons Amendments

House of Commons

Session 2006 - 07
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Other Bills before Parliament

471

House of Commons

Notices of Amendments

given on

Thursday 21st June 2007

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

417-470

Public Bill Committee

Legal Services Bill [Lords]

Bridget Prentice

      That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Bridget Prentice

323

Clause  195,  page  108,  line  11,  leave out ‘under section 3’ and insert ‘in accordance

with section 3A’.

Members’ explanatory statement

This is a technical amendment which replaces the reference to registration under section 3 of the

Charities Act 1993 with a reference to registration in accordance with section 3A of that Act. It

reflects changes made to the 1993 Act and statutory references to registration by the Charities Act

2006.

Bridget Prentice

324

Schedule  16,  page  281,  line  40,  leave out ‘and’ and insert—

‘( )
in that subsection for “officers” substitute “managers”, and’.

Members’ explanatory statement

The amendments made by Schedule 16 to legislation relating to bodies recognised by the Law So

ciety under the Administration of Justice Act 1985 include amendments changing references to

“officers” of such a body to “managers”. This amendment brings section 89 of the Courts and Le

gal Services Act 1990 into line.

Bridget Prentice

325

Schedule  16,  page  281,  line  46,  at end insert ‘and

Notices of Amendments: 21st June 2007
472

Legal Services Bill [Lords], continued

( )
in subsection (9), after the definition of “foreign lawyer” insert—

““manager”, in relation to a body, has the same meaning as in the

Legal Services Act 2007 (see section 208 of that Act);”.’

Members’ explanatory statement

This amendment is consequential on amendment 324. It inserts the same definition of "manager"

as is used in the Administration of Justice Act 1985.

Bridget Prentice

326

Schedule  21,  page  344,  line  14,  at end insert—

l

‘Police Act 1996 (c. 16)


In section 84 of the Police Act 1996 (representation at disciplinary and other

proceedings), in subsection (2) for “either by counsel or by a solicitor”

substitute “by a person who, for the purposes of the Legal Services Act 2007,

is an authorised person in relation to an activity which constitutes the exercise

of a right of audience (within the meaning of that Act)”.’

Members’ explanatory statement

This amendment enables a member of a police force who has elected to be legally represented at

a disciplinary hearing to be represented by any person authorised to exercise a right of audience,

whether or not a barrister or solicitor.

Bridget Prentice

78

Schedule  16,  page  248,  line  39,  at end insert—


‘After that section insert—

“Disciplinary powers of the Society

44D
Disciplinary powers of the Society

(1)
This section applies where the Society is satisfied—
5
(a)
that a solicitor or an employee of a solicitor has failed to

comply with a requirement imposed by or by virtue of this Act

or any rules made by the Society, or

(b)
that there has been professional misconduct by a solicitor.

(2)
The Society may do one or both of the following—
10
(a)
give the person a written rebuke;

(b)
direct the person to pay a penalty not exceeding £2,000.

(3)
The Society may publish details of any action it has taken under

subsection (2)(a) or (b), if it considers it to be in the public interest to

do so.
15
(4)
Where the Society takes action against a person under subsection

(2)(b), or decides to publish under subsection (3) details of any action

taken under subsection (2)(a) or (b), it must notify the person in

writing that it has done so.

(5)
A penalty imposed under subsection (2)(b) does not become payable
20
until—

Notices of Amendments: 21st June 2007
473

Legal Services Bill [Lords], continued

(a)
the end of the period during which an appeal against the

decision to impose the penalty, or the amount of the penalty,

may be made under section 44E, or

(b)
if such an appeal is made, such time as it is determined or
25
withdrawn.

(6)
The Society may not publish under subsection (3) details of any action

under subsection (2)(a) or (b)—

(a)
during the period within which an appeal against—

(i)
the decision to take the action,
30
(ii)
in the case of action under subsection (2)(b), the

amount of the penalty, or

(iii)
the decision to publish the details,


may be made under section 44E, or

(b)
if such an appeal has been made, until such time as it is
35
determined or withdrawn.

(7)
The Society must make rules—

(a)
prescribing the circumstances in which the Society may

decide to take action under subsection (2)(a) or (b);

(b)
about the practice and procedure to be followed by the Society
40
in relation to such action;

(c)
governing the publication under subsection (3) of details of

action taken under subsection (2)(a) or (b);


and the Society may make such other rules in connection with the

exercise of its powers under this section as it considers appropriate.
45
(8)
Before making rules under subsection (7), the Society must consult the

Tribunal.

(9)
A penalty payable under this section may be recovered as a debt due

to the Society, and is to be forfeited to Her Majesty.

(10)
The Lord Chancellor may, by order, amend paragraph (b) of
50
subsection (2) so as to substitute for the amount for the time being

specified in that paragraph such other amount as may be specified in

the order.

(11)
Before making an order under subsection (10), the Lord Chancellor

must consult the Society.
55
(12)
An order under subsection (10) is to be made by statutory instrument

subject to annulment in pursuance of a resolution of either House of

Parliament.

(13)
This section is without prejudice to any power conferred on the

Society or any other person to make an application or complaint to the
60
Tribunal.

44E
Appeals against disciplinary action under section 44D

(1)
A person may appeal against—

(a)
a decision by the Society to rebuke that person under section

44D(2)(a) if a decision is also made to publish details of the
65
rebuke;

(b)
a decision by the Society to impose a penalty on that person

under section 44D(2)(b) or the amount of that penalty;

Notices of Amendments: 21st June 2007
474

Legal Services Bill [Lords], continued

(c)
a decision by the Society to publish under section 44D(3)

details of any action taken against that person under section
70
44D(2)(a) or (b).

(2)
Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46

(Tribunal rules about procedure for hearings etc) apply in relation to

appeals under this section as they apply in relation to applications or

complaints, except that subsection (11) of that section is to be read as
75
if for “the applicant” to “application)” there were substituted “any

party to the appeal”.

(3)
Rules under section 46(9)(b) may, in particular, make provision about

the period during which an appeal under this section may be made.

(4)
On an appeal under this section, the Tribunal has power to make such
80
order as it thinks fit, and such an order may in particular—

(a)
affirm the decision of the Society;

(b)
revoke the decision of the Society;

(c)
in the case of a penalty imposed under section 44D(2)(b), vary

the amount of the penalty;
85
(d)
in the case of a solicitor, contain provision for any of the

matters mentioned in paragraphs (a) to (d) of section 47(2);

(e)
in the case of an employee of a solicitor, contain provision for

any of the matters mentioned in section 47(2E);

(f)
make such provision as the Tribunal thinks fit as to payment
90
of costs.

(5)
Where by virtue of subsection (4)(e) an order contains provision for

any of the matters mentioned in section 47(2E)(c), section 47(2F) and

(2G) apply as if the order had been made under section 47(2E)(c).

(6)
An appeal from the Tribunal shall lie to the High Court, at the instance
95
of the Society or the person in respect of whom the order of the

Tribunal was made.

(7)
The High Court shall have power to make such order on an appeal

under this section as it may think fit.

(8)
Any decision of the High Court on an appeal under this section shall

be final.
100
(9)
This section is without prejudice to any power conferred on the

Tribunal in connection with an application or complaint made to it.”’.

Members’ explanatory statement

This amendment inserts new sections 44D and 44E into the Solicitors Act 1974 establishing a pro

cedure that allows the Law Society to rebuke or fine a solicitor where he has breached a require

ment of that Act or any rules made by the Society, or been found to have committed professional

misconduct.

As Amendments to Bridget Prentice’s proposed Amendment (No. 78):—

John Mann

(a)

Leave out lines 12 to 14 and insert—

Notices of Amendments: 21st June 2007
475

Legal Services Bill [Lords], continued

    ‘(3)
The Society may publish details of any action it has taken under subsection

(2)(a) or (b), unless it considers that it is not in the public interest to do so.’.

Members’ explanatory statement

This amendment removes any obligation on the Law Society to take positive steps in every case to

satisfy itself that publication is in the public interest.

John Mann

(b)

Line  81,  at end insert—

‘( )
vary the decision of the Society;’.

Members’ explanatory statement

This amendment makes clear that the Tribunal has power to vary the Law Society’s decision.

Bridget Prentice

94

Schedule  16,  page  273,  line  38,  at end insert—


‘After that paragraph insert—

“Disciplinary powers of the Society

14B(1)
This paragraph applies where the Society is satisfied that a

recognised body, or a manager or employee of a recognised body,
5
has failed to comply with a requirement imposed by or by virtue of

this Act or any rules applicable to that person by virtue of section 9

of this Act.

      (2)
The Society may do one or both of the following—

(a)
give the person a written rebuke;
10
(b)
direct the person to pay a penalty not exceeding £2,000.

      (3)
The Society may publish details of any action it has taken under

sub-paragraph (2)(a) or (b), if it considers it to be in the public

interest to do so.

      (4)
Where the Society takes action against a person under sub-
15
paragraph (2)(b), or decides to publish under sub-paragraph (3)

details of such action under sub-paragraph (2)(a) or (b), it must

notify the person in writing that it has done so.

      (5)
A penalty imposed under sub-paragraph (2)(b) does not become

payable until—
20
(a)
the end of the period during which an appeal against the

decision to impose the penalty, or the amount of the

penalty, may be made under paragraph 14C, or

(b)
if such an appeal is made, such time as it is determined or

withdrawn.
25
      (6)
The Society may not publish under sub-paragraph (3) details of any

action under sub-paragraph (2)(a) or (b)—

(a)
during the period within which an appeal against—

(i)
the decision to take the action,

(ii)
in the case of action under sub-paragraph (2)(b),
30
the amount of the penalty, or

Notices of Amendments: 21st June 2007
476

Legal Services Bill [Lords], continued

(iii)
the decision to publish the details,


may be made under paragraph 14C, or

(b)
if such an appeal has been made, until such time as it is

determined or withdrawn.
35
      (7)
The Society must make rules—

(a)
prescribing the circumstances in which the Society may

decide to take action under sub-paragraph (2)(a) or (b);

(b)
about the practice and procedure to be followed by the

Society in relation to such action;
40
(c)
governing the publication under sub-paragraph (3) of

details of action taken under sub-paragraph (2)(a) or (b);


and the Society may make such other rules in connection with the

exercise of its powers under this paragraph as it considers

appropriate.
45
      (8)
Before making rules under sub-paragraph (7), the Society must

consult the Tribunal.

      (9)
A penalty under this paragraph may be recovered as a debt due to

the Society, and is to be forfeited to Her Majesty.

    (10)
The Lord Chancellor may, by order, amend paragraph (b) of sub-
50
paragraph (2) so as to substitute for the amount for the time being

specified in that paragraph such other amount as may be specified

in the order.

    (11)
Before making an order under sub-paragraph (10), the Lord

Chancellor must consult the Society.
55
    (12)
An order under sub-paragraph (10) is to be made by statutory

instrument subject to annulment in pursuance of a resolution of

either House of Parliament.

    (13)
This paragraph is without prejudice to any power conferred on the

Society, or any other person, to make an application or complaint to
60
the Tribunal.

14C(1)
A person may appeal against—

(a)
a decision by the Society to rebuke that person under

paragraph 14B(2)(a) if a decision is also made to publish

details of the rebuke;
65
(b)
a decision by the Society to impose a penalty on that person

under paragraph 14B(2)(b) or the amount of that penalty;

(c)
a decision by the Society to publish under paragraph

14B(3) details of any action taken against that person under

paragraph 14B(2)(a) or (b).
70
      (2)
Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of

the 1974 Act (Tribunal rules about procedure for hearings etc)

apply in relation to appeals under this paragraph as they apply in

relation to applications or complaints, except that subsection (11) of

that section is to be read as if for “the applicant” to “application)”
75
there were substituted “any party to the appeal”.

      (3)
Rules under section 46(9)(b) of the 1974 Act may, in particular,

make provision about the period during which an appeal under this

paragraph may be made.

Notices of Amendments: 21st June 2007
477

Legal Services Bill [Lords], continued

      (4)
On an appeal under this paragraph, the Tribunal has power to make
80
an order which—

(a)
affirms the decision of the Society;

(b)
revokes the decision of the Society;

(c)
in the case of a penalty imposed under paragraph

14B(2)(b), varies the amount of the penalty;
85
(d)
in the case of a recognised body, contains provision for any

of the matters mentioned in paragraph 18(2);

(e)
in the case of a manager or employee of a recognised body,

contains provision for any of the matters mentioned in

paragraph 18A(2);
90
(f)
makes such provision as the Tribunal thinks fit as to

payment of costs.

      (5)
Where, by virtue of sub-paragraph (4)(e), an order contains

provision for any of the matters mentioned in sub-paragraph (2)(c)

of paragraph 18A, sub-paragraphs (4) and (5) of that paragraph
95
apply as if the order had been made under sub-paragraph (2)(c) of

that paragraph.

      (6)
An appeal from the Tribunal shall lie to the High Court, at the

instance of the Society or the person in respect of whom the order

of the Tribunal was made.
100
      (7)
The High Court shall have power to make such order on an appeal

under this paragraph as it may think fit.

      (8)
Any decision of the High Court on an appeal under this section shall

be final.

      (9)
This paragraph is without prejudice to any power conferred on the
105
Tribunal in connection with an application or complaint made to

it.”’.

Members’ explanatory statement

This amendment inserts new paragraphs 14B and 14C into Schedule 2 to the Administration of

Justice Act 1985 which make similar provision for recognised bodies, their managers and employ

ees to that made for solicitors by the new sections 44D and 44E of the Solicitors Act 1974 inserted

by amendment 78.

As Amendments to Bridget Prentice’s proposed Amendment (No. 94):—

John Mann

(a)

Leave out lines 11 to 13 and insert—

    ‘(3)
The Society may publish details of any action it has taken under sub-paragraph

(2)(a) or (b), unless it considers that it is not in the public interest to do so.’.

Members’ explanatory statement

This amendment removes any obligation on the Law Society to take positive steps in every case to

satisfy itself that publication is in the public interest.