|
|
| |
| |
|
| |
| |
| |
| For other Amendment(s) see the following page(s) of Supplement to Votes:
|
|
| |
| |
| Legal Services Bill [Lords] |
|
| |
| | |
| That certain written evidence already reported to the House be appended to the |
|
| proceedings of the Committee. |
|
| |
| | |
| Clause 195, page 108, line 11, leave out ‘under section 3’ and insert ‘in accordance |
|
| |
| |
| | 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 |
|
| | |
| |
| | |
| 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. |
|
| |
| | |
| Schedule 16, page 281, line 46, at end insert ‘and |
|
|
|
| |
| |
|
| | ( ) | 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. |
|
| |
| | |
| Schedule 21, page 344, line 14, at end insert— |
|
| | |
| | |
| | | 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. |
|
| |
| | |
| 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 |
|
| | |
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 | | |
|
|
| |
| |
|
| | (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 | | |
| | (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 | | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 | | |
| | 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 | | |
| | (b) | a decision by the Society to impose a penalty on that person |
|
| | under section 44D(2)(b) or the amount of that penalty; |
|
|
|
| |
| |
|
| | (c) | a decision by the Society to publish under section 44D(3) |
|
| | details of any action taken against that person under section |
|
70 | | |
| | (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 |
|
| | |
| | (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 | | |
| | (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 |
|
| | |
| | (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 |
|
| | |
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 |
|
| | |
| | As Amendments to Bridget Prentice’s proposed Amendment (No. 78):— |
|
| |
| | |
| Leave out lines 12 to 14 and insert— |
|
|
|
| |
| |
|
| | ‘(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. |
|
| |
| | |
| |
| | ‘( ) | 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. |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
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 |
|
| | |
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 |
|
|
|
| |
| |
|
| | (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 |
|
| | |
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 |
|
| | |
45 | | (8) | Before making rules under sub-paragraph (7), the Society must |
|
| | |
| | (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 |
|
| | |
| | (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 | | |
| | 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 |
|
| | |
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 |
|
| | |
|
|
| |
| |
|
| | (4) | On an appeal under this paragraph, the Tribunal has power to make |
|
80 | | |
| | (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 |
|
| | |
90 | | (f) | makes such provision as the Tribunal thinks fit as to |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (9) | This paragraph is without prejudice to any power conferred on the |
|
105 | | Tribunal in connection with an application or complaint made to |
|
| | |
| | |
| | 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 |
|
| | |
| | As Amendments to Bridget Prentice’s proposed Amendment (No. 94):— |
|
| |
| | |
| 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. |
|
|