House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12th June 2007
220

Legal Services Bill-[ [], continued

(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 communi

cations, 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

law of privilege in the United Kingdom.

Public Bill Committee: 12th June 2007
221

Legal Services Bill-[ [], continued

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 Ga

zette 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—

‘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.

Public Bill Committee: 12th June 2007
222

Legal Services Bill-[ [], continued

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.

(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.

Public Bill Committee: 12th June 2007
223

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(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.

(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

Public Bill Committee: 12th June 2007
224

Legal Services Bill-[ [], continued

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.

(2)
The Practioner Panel may make such other arrangements for regulating its own

procedure, and for regulating the procedure of the committees established by it,

as it thinks fit.

(3)
Those arrangements may include arrangements as to quorums and as to the

making of decisions by a majority.

(4)
The committees established by the Practioner Panel may include committees the

membership of which include persons who are not members of the Panel.

(5)
The membership of every committee established by the Practioner Panel must

contain at least one person who is a member of the Panel.

(6)
Where a person who is not a member of the Practioner Panel is a member of a

committee established by it, the Board may pay to that person such remuneration

and expenses as the Board may determine.’.

Public Bill Committee: 12th June 2007
225

Legal Services Bill-[ [], continued

Intervention directions

Simon Hughes

John Hemming

NC7

To move the following Clause:—

‘(1)
The Board may give the OLC an intervention direction in relation to any of its

functions if the Board is satisfied—

(a)
that despite notice it has failed to handle complaints about authorised

persons effectively and efficiently, and

(b)
that, in the circumstance of the case, it is appropriate to give the

intervention direction.

(2)
An intervention direction, in relation to the function of the OLC, is a direction

that—

(a)
the function is to be exercised by the Board or a person nominated by it,

and

(b)
the OLC must comply with any instrument of the Board or its nominees

in relation to the exercise of the function.

(3)
The Board may not determine that it is appropriate to given an intervention

direction unless it is satisfied that the matter cannot be adequately addressed by

the Board exercising the powers available to it under section (Board’s functions

in relation to complaints).

(4)
The Board must make rules as to persons it may nominate for the purpose of

subsection (2)(a).’.

Members’ explanatory statement

Currently, the Legal Services Board has no powers to investigate the Office for Legal Complaints.

There is no provision for the Board to intervene if it believes that the OLC is not handling com

plaints properly. The New Clause above transfers to the Board the current powers of the Legal

services Complaints Commissioner.

Board’s function in relation to complaints

Simon Hughes

John Hemming

NC8

To move the following Clause:—

‘(1)
If it appears to the Board that complaints about any authorised person are not

being handled effectively and efficiently by the OLC, the Board may exercise in

relation to the OLC such of the powers in subsection (2) as it considers necessary.

(2)
Those powers are—

(a)
to investigate the handling of complaints about authorised persons;

(b)
to make recommendations in relation to the handling of complaints about

authorised persons; and

(c)
to require the OLC to submit to the Board a plan for the handling of

complaints about authorised persons.

Public Bill Committee: 12th June 2007
226

Legal Services Bill-[ [], continued

(3)
Where the Board requires the OLC to submit to it a plan for the handling of

complaints about authorised persons but the OLC—

(a)
fails to submit to the Board a plan which it considers adequate for

securing that such complaints are handled effectively and efficiently, or

(b)
submits to the Board such a plan but fails to handle complaints in

accordance with it

the Board may give directions to the OLC.’.

Members’ explanatory statement

See Members’ explanatory statement for NC7.

Directions

Simon Hughes

John Hemming

NC9

To move the following Clause:—

‘(1)
This section applies if the Board is satisfied—

(a)
that the OLC has failed to meet the requirement of section (Board’s

functions in relation to complaints) (3)(a) or (b), or

(b)
that the OLC has failed to comply with any requirement imposed on it by

or under this Act (including this section) or any other enactment.

(2)
If, in all the circumstances of the case, the Board is satisfied that it is appropriate

to do so, it may direct the OLC to take in a case within subsection (1)(a) or (b)

such steps as the Board considers will remedy the failure, mitigate its effect or

prevent its recurrence.

(3)
A direction under subsection (2) may only require the OLC to take steps which it

has the power to take.

(4)
For the purpose of this section, a direction to take steps includes a direction which

requires the OLC to refrain from taking a particular course of action.

(5)
The power to give a direction under this section is subject to any provision made

by or under any other enactment.

(6)
The Board may take steps as it regards as appropriate to monitor and investigate

the extent to which a direction under this section is being, or has been, complied

with.

(7)
Where the Board revokes a direction under this section, it must—

(a)
give the OLC notice of the revocation, and

(b)
publish that notice.’.

Members’ explanatory statement

See Members’ explanatory statement for NC7.