House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

37

House of Commons

Tuesday 26th June 2007

Public Bill Committee Proceedings

Legal Services Bill [Lords]

[ninth and tenth SITTINGS]

John Mann

Withdrawn  288

Clause  133,  page  68,  line  11,  at end insert—

‘(c)
The provision of an independent avenue of review for complainants who

consider that an approved regulator’s consideration of a regulatory issue

was inadequate or that its determination was unreasonable.’.

John Mann

Withdrawn  289

Clause  133,  page  68,  line  17,  leave out ‘may’ and insert ‘must’.

John Mann

Not called  290

Clause  133,  page  68,  line  18,  leave out ‘specified’ and insert ‘all’.

John Mann

Not called  291

Clause  133,  page  68,  line  18,  at end insert ‘in which he considers it reasonable to do

so’.

John Mann

Not called  292

Clause  133,  page  68,  line  22,  at end insert ‘only by the Chief Ombudsman or an

assistant ombudsman.’.

John Mann

Withdrawn  293

Clause  133,  page  68,  line  25,  at end insert ‘but not, for the avoidance of any doubt,

to an approved regulator.’.

Bridget Prentice

Agreed to on division  8

Clause  133,  page  68,  line  42,  leave out paragraph (i).

Public Bill Committee Proceedings: 26th June 2007
38

Legal Services Bill-[Lords], continued

Simon Hughes

John Hemming

Not called  228

Clause  133,  page  68,  line  44,  leave out from ‘complaint’ to end of line 4 on page

69.

Simon Hughes

John Hemming

Not called  229

Clause  133,  page  69,  line  5,  leave out paragraph (j).

Simon Hughes

John Hemming

Withdrawn  230

Clause  133,  page  69,  line  14,  at end insert—

‘( )
for the identity of respondents to be published.’.

Bridget Prentice

Agreed to  9

Clause  133,  page  69,  line  38,  leave out ‘, (i)’.

Clause, as amended, Agreed to.

John Mann

Not moved  294

Clause  134,  page  70,  line  7,  leave out ‘any function’ and insert ‘only those

functions’.

Clause Agreed to.

Clause 135 Agreed to.

Bridget Prentice

Agreed to  10

Clause  136,  page  70,  line  37,  leave out subsections (2) to (4).

Simon Hughes

John Hemming

Not called  231

Clause  136,  page  70,  line  39,  leave out paragraphs (a) to (c) and insert—

‘(a)
the complaint against the respondent is determined or otherwise resolved

at least partially in favour of the complaint; or

(b)
in the ombudsman’s opinion the respondent failed to deal with the

complaint in accordance with the regulatory arrangements which the

approved regulator has made under section 112.’.

Public Bill Committee Proceedings: 26th June 2007
39

Legal Services Bill-[Lords], continued

Simon Hughes

John Hemming

Not called  232

Clause  136,  page  71,  line  5,  leave out subsections (3) and (4).

Bridget Prentice

Agreed to  11

Clause  136,  page  71,  leave out line 19.

Bridget Prentice

Agreed to  12

Clause  136,  page  71,  line  22,  leave out from ‘circumstances’ to end of line 23.

Clause, as amended, Agreed to.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Withdrawn  233

Clause  137,  page  71,  line  34,  at end insert—

‘( )
In considering what is fair and reasonable in the circumstances, the Ombudsman

shall take into account the relevant levels of damages awarded by courts in similar

circumstances, and relevant codes of practices, professional rules, standards and

guidance.’.

John Mann

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Withdrawn  284

Clause  137,  page  72,  line  25,  at end insert—

‘(4A)
For the purposes of paragraphs 2(d) and (e), in the event of a respondent’s failure,

within a reasonable period, to act on a determination, the ombudsman may order,

at the expense of the respondent, the necessary rectification to be secured or

action to be taken by an alternative authorised person.’.

Clause Agreed to.

Simon Hughes

John Hemming

Withdrawn  234

Clause  138,  page  72,  line  32,  leave out ‘£20,000’ and insert ‘£100,000’.

Public Bill Committee Proceedings: 26th June 2007
40

Legal Services Bill-[Lords], continued

Mr Kevan Jones

Not called  265

Clause  138,  page  72,  line  32,  leave out ‘£20,000’ and insert ‘£50,000’.

Mr Kevan Jones

Not called  266

Clause  138,  page  72,  line  39,  leave out subsection (3).

Clause Agreed to.

Clause 139 Agreed to.

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not moved  304

Clause  140,  page  74,  line  16,  at end insert—

‘(10A)
Where a determination has become final and binding in accordance with this

section, the respondent may appeal to the High Court against the determination

or any direction made under section 137(2).’.

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  321

Clause  140,  page  74,  line  16,  at end insert—

‘(10B)
Where a determination has become final and binding in accordance with this

section, the compainant may appeal to the High Court against the determination,

the terms of any direction made under section 137(2), or any omission to make

such a direction.’.

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  322

Clause  140,  page  74,  line  17,  at beginning insert ‘Subject to subsections (10A) and

(10B),’.

Simon Hughes

John Hemming

Withdrawn  235

Clause  140,  page  74,  line  19,  after ‘complaint’, insert ‘either while the ombudsman

is considering the complaint or’.

Clause Agreed to.

Clauses 141 and 142 Agreed to.

Public Bill Committee Proceedings: 26th June 2007
41

Legal Services Bill-[Lords], continued

Bridget Prentice

Not selected  13

Page  75,  line  27,  leave out Clause 143.

Clause Negatived on division.

Mr David Kidney

Withdrawn  276

Clause  144,  page  76,  line  17,  leave out ‘may’ and insert ‘must’.

Mr David Kidney

Not called  277

Clause  144,  page  76,  line  19,  at end insert ‘A copy of the report made to the

ombudsman under this section must be sent to the complainant by the ombudsman.’.

Mr David Kidney

Not called  298

Clause  144,  page  76,  line  30,  at end add—

‘(6)
The ombudsman may, when so requested by a complainant, make a request to the

relevant authorising body to review the decision it has made as set out in a report

made under subsection (2), and may request the relevant authorising body to

notify it of the result of any such review.’.

Clause Agreed to.

Clauses 145 to 149 Agreed to.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Withdrawn  236

Clause  150,  page  80,  line  4,  leave out ‘a person (“the defaulter”)’ and insert ‘an

authorised person’.

Clause Agreed to.

Clauses 151 to 157 Agreed to.

Bridget Prentice

Agreed to on division  14

Clause  158,  page  83,  line  11,  leave out from ‘redress’ to end of line 13.

Public Bill Committee Proceedings: 26th June 2007
42

Legal Services Bill-[Lords], continued

Bridget Prentice

Agreed to  15

Clause  158,  page  83,  line  17,  leave out ‘and except as permitted by subsection (1)’.

Clause, as amended, Agreed to.

Clause 159 Agreed to.

John Mann

Not moved  295

Clause  160,  page  84,  line  38,  at end add—

‘(3)
The Secretary of State is required before authorising the repeal of those parts,

sections and schedules of the Courts and Legal Services Act 1990 and the Access

to Justice Act 1999 (which relate respectively to the Office of the Legal Services

Ombudsman and the Office of the Legal Services Complaints Commissioner) to

satisfy himself that the interests of the consumers of legal services are being

adequately protected and promoted and that the new regime is providing timely,

high quality, effective outcomes which are consumer focused.

(4)
In reaching his decision the Secretary of State must seek, and give due weight to;

the views of the Board, the OLC, the Legal Services Complaints Commissioner

and the Legal Services Ombudsman.’.

Clause Agreed to.

Clauses 161 to 172 Agreed to.

Bridget Prentice

Agreed to  16

Clause  173,  page  91,  line  25,  after ‘Act’, insert ‘or any other enactment’.

Clause, as amended, Agreed to.

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Withdrawn  301

Clause  174,  page  92,  line  6,  at end insert—

‘( )
In apportioning or imposing a levy the Board shall have regard to—

(a)
the extent to which any resulting increase in the regulatory fees of a

Regulator will be reasonable and proportionate in comparison to the fees

already levied on relevant regulated persons;

(b)
the extent to which the levy might discourage entry to or retention in the

regulated sector;

Public Bill Committee Proceedings: 26th June 2007
43

Legal Services Bill-[Lords], continued

(c)
the extent to which the number of persons regulated by a regulator might

be reduced in consequence of the amount of the levy;

(d)
the extent to which the regulator might be disadvantaged and another

regulator might derive an advantage, in particular through the movement

between regulators of regulated persons as a consequence of any

differences in the levy imposed;

(e)
the likely ability of the Regulator to raise the levy from Regulated

Persons;

(f)
the impact of the levy on the Regulator’s viability.’.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Withdrawn  237

Clause  174,  page  92,  line  14,  after ‘means’, insert ‘two-thirds of’.

Bridget Prentice

Agreed to  17

Clause  174,  page  92,  line  16,  leave out ‘the Compensation Act 2006’ and insert

‘any other enactment’.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  238

Clause  174,  page  92,  line  16,  leave out ‘including’ and insert ‘excluding’.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  239

Clause  174,  page  92,  line  17,  leave out ‘and’ and insert ‘but including’.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  240

Clause  174,  page  92,  line  26,  leave out ‘including’ and insert ‘excluding’.

Simon Hughes

John Hemming

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  241

Clause  174,  page  92,  line  33,  leave out ‘means’ and insert ‘excludes’.