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| Legal Services Bill [Lords]
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| [First and Second SITTINGs]
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | (a) | at 4.00 p.m. on Tuesday 12th June; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 14th June; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 19th June; |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 21st June; |
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| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 26th June; |
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| | (f) | at 9.00 a.m. and 1.00 p.m. on Thursday 28th June; |
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| | (2) | the proceedings shall be taken in the following order: Clauses 1 and 2; |
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| | Schedule 1; Clauses 3 to 12; Schedule 2; Clauses 13 to 19; Schedule 3; Clause |
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| | 20; Schedule 4; Clauses 21 and 22; Schedule 5; Clauses 23 to 26; Schedule |
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| | 6; Clauses 27 to 33; Schedule 7; Clauses 34 to 44; Schedule 8; Clause 45; |
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| | Schedule 9; Clauses 46 to 76; Schedule 10; Clauses 77 to 83; Schedule 11; |
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| | Clause 84; Schedule 12; Clauses 85 to 89; Schedule 13; Clauses 90 to 102; |
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| | Schedule 14; Clauses 103 to 114; Schedule 15; Clauses 115 to 178; Schedule |
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| | 16; Clauses 179 to 183; Schedule 17; Clauses 184 to 187; Schedule 18; |
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| | Clause 188; Schedule 19; Clause 189 to 196; Schedule 20; Clauses 197 to |
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| | 215; Schedules 21 to 24; new Clauses and new Schedules; remaining |
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| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 4.00 p.m. on Thursday 28th June. |
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| | That, subject to the discretion of the Chairman, any written evidence received by the |
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| | Committee shall be reported to the House for publication. |
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| | Negatived on division 217 |
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| Clause 1, page 1, line 10, after ‘(e)’ insert ‘subject to objectives (a) to (d),’. |
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| | Members’ explanatory statement
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| | To ensure that the objective of promoting competition is expressly subordinate to the objectives of |
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| | protecting and promoting the public interest; supporting the constitutional principle of the rule of |
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| | law; improving access to justice; and protecting and promoting the interests of consumers. |
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| Clause 1, page 2, line 7, at end insert— |
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| | ‘(ca) | That authorised persons should not act where there is a conflict between |
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| | the interests of two or more of their clients, or between the authorised |
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| | person and their client.’. |
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| | Members’ explanatory statement
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| | This amendment would ensure that the avoidance of conflict of interest is included within the pro |
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| | fessional principles, promotion of which is (by virtue of Clause 1(1)(h)) one of the regulatory ob |
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| Schedule 1, page 121, line 6, leave out ‘with the concurrence of the Lord Chief |
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| | Members’ explanatory statement
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| | This amendment reverses one made in the House of Lords requiring the concurrence of the Lord |
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| | Chief Justice to the appointment of the chairman of the Board. |
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| Schedule 1, page 121, line 10, leave out ‘with the concurrence of the Lord Chief |
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| | Members’ explanatory statement
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| | This amendment reverses one made in the House of Lords requiring the concurrence of the Lord |
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| | Chief Justice to the appointment of the members of the Board other than its chairman and Chief |
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| Schedule 1, page 121, line 16, leave out ‘and Lord Chief Justice’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendments 30 and 31, removing a reference to the functions |
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| | of the Lord Chief Justice which those amendments remove. |
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| Schedule 1, page 121, line 19, leave out ‘first’. |
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| Schedule 1, page 122, line 17, leave out ‘and Lord Chief Justice’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendments 30 and 31, removing a reference to the functions |
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| | of the Lord Chief Justice which those amendments remove. |
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| Schedule 1, page 123, line 6, leave out ‘with the concurrence of the Lord Chief |
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| | Members’ explanatory statement
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| | This amendment reverses one made in the House of Lords requiring the concurrence of the Lord |
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| | Chief Justice to the removal from office of an ordinary member of the Board (which includes the |
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| Schedule 1, page 123, line 8, leave out ‘and Lord Chief Justice’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 34, removing a reference to the function of the |
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| | Lord Chief Justice which that amendment removes. |
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| Schedule 1, page 123, line 11, leave out ‘and Lord Chief Justice are’ and insert ‘is’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 34, removing a reference to the function of the |
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| | Lord Chief Justice which that amendment removes. |
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| Schedule 1, page 123, line 21, leave out sub-paragraph (5).
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| | Members’ explanatory statement
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| | This amendment reverses one made in the House of Lords which duplicates the provision made by |
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| | other amendments requiring concurrence of the Lord Chief Justice in the removal from office of |
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| | an ordinary member of the Board. |
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| Schedule 1, page 123, line 23, leave out ‘the Lord Chancellor and Lord Chief |
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| Justice remove’ and insert ‘removing’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 34, removing a reference to the function of the |
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| | Lord Chief Justice which that amendment removes. |
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| Schedule 1, page 123, line 26, leave out ‘and Lord Chief Justice’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 34, removing a reference to the function of the |
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| | Lord Chief Justice which that amendment removes. |
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| Schedule 1, page 123, line 35, at end insert— |
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| | | ‘The terms of appointment of the chairman or any other ordinary member may |
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| | provide for the Board to pay, or make payments towards the provision of, a |
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| | pension, allowance or gratuity to or in respect of that person. |
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| | | If the Lord Chancellor thinks there are circumstances that make it right for a |
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| | person ceasing to hold office as chairman or another ordinary member to |
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| | receive compensation, the Board may pay that person such compensation as |
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| | the Lord Chancellor may determine.’. |
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| | Members’ explanatory statement
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| | This amendment provides that the terms of appointment of the chairman or other ordinary mem |
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| | bers of the Board may provide for pensions, allowances or gratuities. It also allows the Board to |
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| | pay compensation to the chairman or other ordinary members in certain circumstances. |
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| Schedule 1, page 124, line 6, at end insert— |
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| | | ‘The Board may pay compensation for loss of employment to or in respect of |
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| | a member (or former member) of staff.’. |
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| | Members’ explanatory statement
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| | This amendment allows the Board to pay compensation to its staff or former staff for loss of em |
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| | Schedule, as amended, Agreed to. |
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| Clause 3, page 2, line 25, leave out ‘so far as is reasonably practicable.’. |
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| | Members’ explanatory statement
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| | To ensure that the Legal Services Board’s duty to act in a way which is compatible with the regu |
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| | latory objectives is not qualified. |
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| Clause 3, page 2, line 34, at end insert— |
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| | ‘(4) | In assessing what is proportionate in the regulation of approved regulators the |
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| | Board shall have regard, inter alia, to— |
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| | (a) | the regulator’s resources (including voluntary resources) and the effect |
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| | on them of the Board’s acts; |
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| | (b) | the effect on regulatory fees; |
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| | (c) | the extent to which the Board’s acts might discourage entry to or |
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| | retention in the regulated sector; |
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| | (d) | the extent to which the number of persons regulated by a regulator might |
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| | be reduced in consequence of the Board’s acts; |
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| | (e) | the extent to which the regulator might be disadvantaged and another |
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| | regulatory might derive an advantage, in particular through the |
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| | movement between regulators of regulated persons as a consequence of |
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| Clause 3, page 2, line 34, at end insert— |
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| | ‘(4) | The role of the Board is to ensure that the approved regulators act in a way which |
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| | is compatible with the regulatory objectives.’. |
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| Clause 3, page 2, line 34, at end add— |
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| | ‘(4) | In considering what degree of protection may be appropriate for consumers, the |
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| | Board must have regard to the differing degrees of experience and expertise that |
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| | different consumers may have in relation to different kinds of regulated activity.’.
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| | Members’ explanatory statement
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| | This amendment is designed to ensure that regulation is proportionate and risk-based. |
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| [Adjourned till Thursday at 9.00 a.m. |
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