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| | Legal Services Bill [Lords]
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| | [FIFTH AND SIXTH SITTINGS]
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| | | Amendment proposed in page 7, line 15, at end insert— |
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| | | ‘( ) | Where P is an independent trade union, persons provided with relevant services |
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| | | (a) | their membership or former membership of P, or |
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| | | (b) | another person’s membership or former membership of P, |
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| | | | do not constitute the public or a section of the public.’.—(Bridget Prentice.) |
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| | | Question proposed, That the Amendment be made. |
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| | | Agreed to on division 109 |
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| | Clause 15, page 7, line 16, after ‘(6)’, insert ‘Subject to that,’. |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 17, page 8, line 22, at end insert— |
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| | | ‘(4) | All persons claiming to be entitled to carry on any activity which is a reserved |
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| | | legal activity shall have a duty to make clearly known to each client, at the |
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| | | beginning of their dealings with each other— |
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| | | (a) | their professional title and qualifications; and |
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| | | (b) | the most senior member of the firm to whom they are accountable.’. |
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| | Clause 18, page 8, line 32, at end insert— |
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| | | ‘(c) | A body, which is not a licensable body, but which carries on a relevant |
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| | | activity by virtue of Section [Registration of non-authorised managers]’.
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| | Schedule 3, page 130, line 14, leave out from ‘individual’ to ‘in’ in line 15 and |
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| | insert ‘whose work includes assisting’. |
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| | Schedule 3, page 131, line 37, leave out paragraph (b). |
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| | Schedule 3, page 131, line 39, leave out paragraphs (d) to (f) and insert— |
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| | | ‘( ) | P is a manager or employee of a body which is an authorised person in |
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| | | relation to the activity, and E is also a manager or employee of that |
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| | Schedule 3, page 133, line 10, leave out paragraph (b). |
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| | Schedule 3, page 133, line 12, leave out paragraphs (d) and (e) and insert— |
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| | | ‘( ) | P is a manager or employee of a body which is an authorised person in |
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| | | relation to the activity, and E is also a manager or employee of that |
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| | | Schedule, as amended, Agreed to. |
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| | Schedule 4, page 142, line 14, leave out sub-paragraph (3) and insert— |
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| | | ‘(3) | Alterations are exempt unless the Board has directed that they are not to be treated |
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| | | as exempt for the purposes of this paragraph.’.
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| | | Clauses 21 and 22 Agreed to. |
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| | Clause 23, page 12, line 1, leave out ‘a’ and insert ‘an independent’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 24 to 26 Agreed to. |
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| | Clause 28, page 14, line 9, leave out ‘, so far as is reasonably practicable,’.
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| | Clause 29, page 14, line 26, leave out ‘prejudiced’ and insert ‘improperly |
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| | constrained or influenced’.
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| | Clause 29, page 14, line 30, at end add— |
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| | | ‘(3) | When acting under subsections (1) and (2) of this section the Board must satisfy |
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| | | itself that approved regulators have established organisational structures and |
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| | | procedural practices which distinguish sufficiently clearly between their |
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| | | regulatory and representative functions.’.
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| | Clause 30, page 15, line 8, at end insert— |
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| | | ‘( ) | that the majority of the ordinary members of a committee that an |
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| | | approved regulator authorises to exercise its regulatory functions are lay |
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| | Clause 30, page 15, line 16, at end insert— |
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| | | ‘(3A) | When making rules under subsections (1) to (3), the Board must satisfy itself that |
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| | | approved regulators have established organisational structures and procedural |
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| | | practices which distinguish sufficiently clearly between their regulatory and |
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| | | representative functions.’.
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| | Clause 31, page 15, line 22, after (a) insert— |
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| | | ‘(za) | investigate the performance by an approved regulator of any of its |
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| | Clause 31, page 15, line 30, leave out from ‘on’ to ‘and’ in line 31 and insert ‘one |
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| | or more of the regulatory objectives,’.
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| | Clause 32, page 16, line 14, leave out from ‘have,’ to end of line 15 and insert ‘an |
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| | adverse impact on one or more of the regulatory objectives,’.
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| | | Clause, as amended, Agreed to. |
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| | Clause 35, page 17, line 27, leave out from ‘have,’ to ‘and’ in line 28 and insert ‘an |
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| | adverse impact on one or more of the regulatory objectives,’.
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| | | Clause, as amended, Agreed to. |
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| | Clause 36, page 18, line 15, at end add— |
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| | | ‘(4A) | As soon as practicable after deciding to publish a statement, the Board must give |
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| | | notice to the approved regulator stating that it has reached that decision and |
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| | | setting out the terms in which the statement is to be published; and the Board must |
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| | | not publish the statement until after the expiry of 7 days beginning with the day |
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| | | on which notice is given under this subsection.’. |
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| | Clause 37, page 18, line 30, at end insert— |
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| | | ‘( ) | The Board may not determine that it is appropriate to impose a penalty unless it |
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| | | is satisfied that the matter cannot be adequately addressed by the Board |
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| | | exercising the powers available to it under sections 31 to 36.’.
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| | Clause 39, page 20, line 3, at end insert— |
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| | | ‘(da) | that the imposition of the penalty on any ground that would give rise to a |
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| | | claim for judicial review.’. |
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| | Clause 39, page 20, line 27, leave out subsection (7). |
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| | Clause 41, page 21, line 9, leave out from ‘have,’ to ‘and’ in line 10 and insert ‘an |
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| | adverse impact on one or more of the regulatory objectives,’.
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| | | Clause, as amended, Agreed to. |
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| | Clause 42, page 22, line 25, at end add— |
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| | | ‘(11) | The Board may, in situations which it considers to constitute an emergency and |
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| | | in which it is satisfied that delay in securing a warrant under subsection (3) would |
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| | | be likely to prejudice the performance of its duties, exercise those powers in |
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| | | respect of which a warrant would otherwise be necessary until such time as an |
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| | | application under subsection (3) can be heard.’.
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| | | Clauses 43 and 44 Agreed to. |
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| | Clause 45, page 23, line 29, leave out from ‘have,’ to ‘and’ in line 30 and insert ‘an |
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| | adverse impact on one or more of the regulatory objectives,’.
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| | | Clause, as amended, Agreed to. |
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| | Clause 47, page 25, line 27, leave out subsection (5) and insert— |
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| | | ‘(5) | If the order which the Board intends to make differs from the draft published |
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| | | under subsection (2) in a way which in the opinion of the Board is material, the |
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| | | Board must, before making the order, publish the draft order along with a |
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| | | statement detailing the changes made and the reasons for those changes.’. |
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| | Clause 49, page 27, line 1, leave out subsection (3) and insert— |
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| | | ‘( ) | In preparing a statement of policy, the Board must have regard to the principle |
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| | | that its principal role is the oversight of approved regulators. |
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| | | ( ) | The statement of policy prepared under subsection (1) must— |
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