House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26th June 2007
520

Legal Services Bill [Lords], continued

Bridget Prentice

26

Clause  191,  page  103,  line  44,  leave out paragraph (b).

Members’ explanatory statement

This amendment is related to amendment 25. The effect of the deleted provision is already achieved

by the wording of amendment 25.

Bridget Prentice

27

Clause  191,  page  104,  line  31,  after ‘communication’, insert ‘, a document,

material or information’.

Members’ explanatory statement

This amendment provides that section 191 is without prejudice to rules by virtue of which not only

a “communication”, but also “a document, material or information” is privileged from disclosure.

This change reflects developments in the common law of legal professional privilege.

Simon Hughes

John Hemming

243

Clause  194,  page  106,  line  41,  leave out subsection (2).

Members’ explanatory statement

This amendment is intended remove the exemption from the requirement to hold a Practising

Certificate which currently applies to solicitors employed by Government departments.

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

126

Clause  208,  page  118,  line  3,  at end insert—

‘“independent trade union” has the same meaning as in the Trade Union and

Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that

Act);’

Public Bill Committee: 26th June 2007
521

Legal Services Bill [Lords], continued

Members’ explanatory statement

This amendment is part of a set of amendments that change the Bill’s references to trade unions to

independent trade unions, as defined in this amendment. In the 1992 Act, an independent trade

union means one which is not dominated or controlled by, or liable to interference tending towards

control from, employers.

Bridget Prentice

127

Clause  208,  page  118,  line  18,  leave out ‘a’ and insert ‘an independent’.

Members’ explanatory statement

This amendment is part of a set of amendments that change the Bill’s references to trade unions to

independent trade unions, as defined in amendment 126. This amendment changes the reference

to a trade union in the definition of “non-commercial legal services” to an independent trade

union.

Bridget Prentice

128

Clause  208,  page  118,  leave out lines 33 to 35.

Members’ explanatory statement

This amendment is part of a set of amendments that change the Bill’s references to trade unions to

independent trade unions, as defined in amendment 126. This amendment deletes the definition of

a trade union.

Bridget Prentice

28

Clause  212,  page  120,  line  5,  leave out from ‘Chancellor’ to end of line 24.

Members’ explanatory statement

This amendment reverses one made in the House of Lords imposing two conditions prior to making

an order commencing provisions in Part 5 of the Bill – (a) the commissioning by the Lord

Chancellor of research as specified, and (b) approval by both Houses of Parliament of the order

in question.

Bridget Prentice

29

Clause  215,  page  120,  line  37,  leave out subsection (2).

Members’ explanatory statement

This amendment removes the standard privilege amendment made in the House of Lords.

Public Bill Committee: 26th June 2007
522

Legal Services Bill [Lords], continued

Bridget Prentice

103

Schedule  21,  page  337,  line  10,  leave out paragraph (a) and insert—

‘( )
in subsection (1), after “to” (in the first place) insert “—

(a)
”,

( )
at the end of that subsection insert “, and

(b)
documents, material or information relating to any

matter mentioned in paragraph (a).”, and

( )
for subsection (2) substitute—

“(2)
Where a patent attorney acts for a client in relation to a matter

mentioned in subsection (1), any communication, document,

material or information to which this section applies is

privileged from disclosure in like manner as if the patent

attorney had at all material times been acting as the client’s

solicitor.”,’.

Members’ explanatory statement

This amendment provides that documents, materials or information are, in addition to

communications, privileged from disclosure in the circumstances set out in section 280 of the

Copyright, Designs and Patents Act 1988. It also deletes the reference to legal proceedings. These

changes reflect developments in the common law of privilege in the United Kingdom.

Bridget Prentice

104

Schedule  21,  page  337,  line  14,  at end insert ‘, and

( )
omit subsection (4).’

Members’ explanatory statement

This amendment is consequential upon amendment 103.

Bridget Prentice

105

Schedule  21,  page  343,  line  30,  leave out paragraph (a) and insert—

‘( )
in subsection (1), after “to” (in the first place) insert “—

(a)
”,

( )
at the end of that subsection insert “, and

(b)
documents, material or information relating to any

matter mentioned in paragraph (a).”, and

( )
for subsection (2) substitute—

“(2)
Where a trade mark attorney acts for a client in relation to a

matter mentioned in subsection (1), any communication,

document, material or information to which this section

applies is privileged from disclosure in like manner as if the

trade mark attorney had at all material times been acting as the

client’s solicitor.”’.

Members’ explanatory statement

This amendment makes documents, materials and information, in addition to communications,

privileged from disclosure in the circumstances set out in section 87 of the Trade Marks Act 1994.

It deletes the reference to legal proceedings. These changes reflect developments in the common

Public Bill Committee: 26th June 2007
523

Legal Services Bill [Lords], continued

law of privilege in the United Kingdom.

Bridget Prentice

326

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

‘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

106

Schedule  23,  page  362,  line  39,  column 2, at end insert—

‘In section 48(2)(b) “in the London Gazette”.’.

Members’ explanatory statement

This amendment is consequential upon amendment 81. It repeals the reference to the London

Gazette in section 48.

Bridget Prentice

107

Schedule  23,  page  367,  line  30,  column 2, leave out from beginning to end of line

31 and insert—

‘In section 280—

(a)
in subsection (3) “or” at the end of paragraph

(b), and

(b)
subsection (4).’.



Members’ explanatory statement

This amendment is consequential upon amendment 104.

Bridget Prentice

202

Schedule  24,  page  371,  line  14,  at end insert—

Public Bill Committee: 26th June 2007
524

Legal Services Bill [Lords], continued

‘independent trade union
section 208’.

Members’ explanatory statement

This amendment adds independent trade union to the index of defined expressions.

Bridget Prentice

203

Schedule  24,  page  371,  line  14,  at end insert—

‘indirect interest (of a non-
section 72’.

authorised person in a licensable

body)

Members’ explanatory statement

This amendment adds indirect interest to the list of defined expressions.

Bridget Prentice

204

Schedule  24,  page  371,  line  15,  column 1, leave out ‘in shares’.

Members’ explanatory statement

This amendment is related to amendment 111, which now contains the defined expression interest

in a body, rather than interest in shares in a body.

Bridget Prentice

205

Schedule  24,  page  373,  leave out line 2.

Members’ explanatory statement

This amendment deletes trade union from the index of defined expressions.

New Clauses

Advice and research functions of the Practitioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC1

To move the following Clause:—

‘(1)
The Practitioner Panel may, at the request of the Board—

(a)
carry out research for the Board;

(b)
give advice to the Board.

(2)
The Board must consider any advice given and the results of any research carried

out under this section.

Public Bill Committee: 26th June 2007
525

Legal Services Bill [Lords], continued

(3)
The Practitioner Panel may publish such information as it thinks fit about advice

it gives, and about the results of research carried out by it, under this section.’.

Paralegals

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC2

To move the following Clause:—

‘(1)
The Board must assist the maintenance and development of standards in relation

to—

(a)
the training of paralegals employed by authorised or exempt persons and

(b)
the proper supervision and monitoring of paralegals.

(2)
For the purposes of this section a “paralegal” is a person providing legal advice,

support, assistance or representation in accordance with regulations prescribed by

the Lord Chancellor.’.

Professional representations

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC3

To move the following Clause:—

‘Section 10 shall apply mutatis mutandis to representations by approved

regulators whether in their regulatory or representive capacity.’.

Representations by the Practioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC4

To move the following Clause:—

‘(1)
The Board must consider any representations made to it by the Practioner Panel.

(2)
If the Board disagrees with a view expressed, or proposal made, in the

representations, it must give the Practioner Panel a notice to that effect stating its

reasons for disagreeing.

Public Bill Committee: 26th June 2007
526

Legal Services Bill [Lords], continued

(3)
The Practioner Panel may publish such information as it thinks fit about any

representations made by it to the Board.

(4)
Where the Consumer Panel publishes information about any representations

made by it, the Board must publish any notice it gives under subsection (2) in

respect of those representations.’.

The Practioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC5

To move the following Clause:—

‘(1)
The Board must establish and maintain a panel of persons (to be known as “the

Practioner Panel”) to represent the interests of practitioners and consult them on

the extent to which its general policies and practices are consistent with its

general duties under section 1.

(2)
The Board must appoint one of the members of the Practioner Panel to be the

chairman of the Panel.

(3)
The Lord Chancellor’s approval is required for the appointment or dismissal of

the chairman.

(4)
The Board must have regard to any representation made to it by the Practioner

Panel.

(5)
The Board must appoint to the Practitioner Panel such—

(a)
individuals who are authorised persons,

(b)
persons representing authorised persons,

as it considers appropriate.

(6)
The chairman and other members of the Practioner Panel are to be—

(a)
appointed on terms and conditions determined by the Board, and

(b)
paid by the Board in accordance with provision made by or under the

terms of appointment.’.

Committees and the procedure of the Practioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC6

To move the following Clause:—

‘(1)
The Practioner Panel may make such arrangements as it thinks fit for committees

established by the Panel to give advice to the Panel about matters relating to the

carrying out of the Panel’s functions.