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Board’s general duty to consult

Simon Hughes

John Hemming

NC10

To move the following Clause:—

‘The Board must make and maintain effective arrangements for consulting

representatives of practitioners and consumers on the extent to which its general

policies and practices are consistent with its duty under section 3.’.

Members’ explanatory statement

This New Clause and NC11 aim is to ensure that the Legal Services Board consults appropriately

about its approach to carrying out its responsibilities generally, rather than merely in respect of

individual decisions, especially as to the scope of its proposed workplan.

Consultation

Simon Hughes

John Hemming

NC11

To move the following Clause:—

‘Arrangements under section (Board’s general duty to consult) must include

consultation in advance of the Board setting its workplan for each year, so as to

obtain the views of persons consulted on—

(a)	the degree to which the Board’s proposed activities are appropriately

targeted on areas giving rise to the greatest regulatory concern, and

(b)	whether or not the proposed programme of works is proportionate,

having regard to the need to avoid imposing unnecessary regulatory

burdens.’.

Members’ explanatory statement

See Members explanatory statement for NC10.

Seperation of funds proportionality

Mr Henry Bellingham

Mr Jonathan Djanogly

Mr Tobias Ellwood

NC12

To move the following Clause:—

‘(1)	In exercising its functions under sections 29 and 30, the Board shall pay particular

regard to what is proportionate.

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(2)	Without prejudice to subsection (1), nothing in sections 29 or 30 shall exclude—

(a)	the exercise of or involvement in regulatory and representative functions

by the same persons or bodies within an approved regulator;

(b)	the exercise of regulatory and representative functions from common

premises.’.

Appeal against public censure

Mr Henry Bellingham

Mr Jonathan Djanogly

Mr Tobias Ellwood

NC13

To move the following Clause:—

‘(1)	An approved regulator in respect of whom the Board decides to publish a

statement under section 35 may appeal to the court on one or more of the appeal

grounds.

(2)	The appeal grounds are —

(a)	that the decision was not within the power of the Board under section 35;

(b)	that any of the requirements of section 36 have not been complied with

in relation to the imposition of the penalty and the interests of the

approved regulator have been substantially prejudiced by the non-

compliance;

(c)	that in all circumstances, the publication of a statement under section 35

is, or the terms of the statement published or to be published are (or

would be), manifestly unreasonable or inappropriate;

(d)	that the decision is unlawful on any ground that would give rise to a claim

for judicial review.

(e)	that the decsion is unlawful on any ground that would give rise to a claim

for judicial review.

(3)	An appeal under subsection (1) must be made within the period of 42 days

beginning with the day on which the notice was given to the approved regulator.

(4)	Where an appeal is made before the expiry of the 7-day period the Board must not

(unless the court otherwise orders) publish the statement until the appeal has been

withdrawn or dismissed.

(5)	On an appeal under subsection (1), where the court considers it appropriate to do

so in all the circumstances of the case and is satisfied of one or more of the appeal

grounds, the court may—

(a)	quash the decision to publish a statement, or

(b)	vary the terms of the statement (and, where the statement has been

published, direct the Board to publish to the same extent the statement as

varied).

(6)	In this section “the court” means the High Court.’.

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Registration of non-authorised managers

Mr Jonathan Djangoly

Mr Henry Bellingham

Mr Tobais Ellwood

NC14

To move the following Clause:—

‘(1)	Any body “B” which carries on an activity under Section 13 of this Act, which is

not a “licensable body” as defined in Section [71(1)] but which has at least one

manager who is not an authorised person, must register any non-authorised

manager with an approved regulator.

(2)	It is an offence for B to carry on an activity under Section 13 of this Act if B does

not comply with the conditions of this section.

(3)	For the purposes of this section an approved regulator may refuse to register any

non-authorised manager (M) of B if its is not satisfied that:

(a)	M does not provide services to clients, directly or indirectly, or

(b)	M will act in a manner consistent with the “professional principles” set

out in Section 1(3).

(4)	No manager of B may be a person who has been disqualified from acting under

Section 99.

(5)	B will cease to be entitled to carry on an activity under Section 13 of this Act if

B knowingly carries on reserved activities whilst a person, disqualified under

Section 99, continues to be a manager of B.’.

Members’ explanatory statement

This would enable practices to have 25% or less on a headcount of managers who are not lawyers

and who are not providing services to clients (so called Legal Practice Plus), to be operational

from enactment alongside other forms of LDP.

Order of the House [4th JUNE 2007]

That the following provisions shall apply to the Legal Services Bill [Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 28th June 2007.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

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Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

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Revised 12 June 2007