House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Public Bill Committee Proceedings: 26th June 2007
65

Legal Services Bill-[Lords], continued

40
(c)
governing the publication under sub-paragraph (3) of

details of action taken under sub-paragraph (2)(a) or (b);


and the Society may make such other rules in connection with the

exercise of its powers under this paragraph as it considers

appropriate.
45
      (8)
Before making rules under sub-paragraph (7), the Society must

consult the Tribunal.

      (9)
A penalty under this paragraph may be recovered as a debt due to

the Society, and is to be forfeited to Her Majesty.

    (10)
The Lord Chancellor may, by order, amend paragraph (b) of sub-
50
paragraph (2) so as to substitute for the amount for the time being

specified in that paragraph such other amount as may be specified

in the order.

    (11)
Before making an order under sub-paragraph (10), the Lord

Chancellor must consult the Society.
55
    (12)
An order under sub-paragraph (10) is to be made by statutory

instrument subject to annulment in pursuance of a resolution of

either House of Parliament.

    (13)
This paragraph is without prejudice to any power conferred on the

Society, or any other person, to make an application or complaint to
60
the Tribunal.

14C(1)
A person may appeal against—

(a)
a decision by the Society to rebuke that person under

paragraph 14B(2)(a) if a decision is also made to publish

details of the rebuke;
65
(b)
a decision by the Society to impose a penalty on that person

under paragraph 14B(2)(b) or the amount of that penalty;

(c)
a decision by the Society to publish under paragraph

14B(3) details of any action taken against that person under

paragraph 14B(2)(a) or (b).
70
      (2)
Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of

the 1974 Act (Tribunal rules about procedure for hearings etc)

apply in relation to appeals under this paragraph as they apply in

relation to applications or complaints, except that subsection (11) of

that section is to be read as if for “the applicant” to “application)”
75
there were substituted “any party to the appeal”.

      (3)
Rules under section 46(9)(b) of the 1974 Act may, in particular,

make provision about the period during which an appeal under this

paragraph may be made.

      (4)
On an appeal under this paragraph, the Tribunal has power to make
80
an order which—

(a)
affirms the decision of the Society;

(b)
revokes the decision of the Society;

(c)
in the case of a penalty imposed under paragraph

14B(2)(b), varies the amount of the penalty;
85
(d)
in the case of a recognised body, contains provision for any

of the matters mentioned in paragraph 18(2);

Public Bill Committee Proceedings: 26th June 2007
66

Legal Services Bill-[Lords], continued

(e)
in the case of a manager or employee of a recognised body,

contains provision for any of the matters mentioned in

paragraph 18A(2);
90
(f)
makes such provision as the Tribunal thinks fit as to

payment of costs.

      (5)
Where, by virtue of sub-paragraph (4)(e), an order contains

provision for any of the matters mentioned in sub-paragraph (2)(c)

of paragraph 18A, sub-paragraphs (4) and (5) of that paragraph
95
apply as if the order had been made under sub-paragraph (2)(c) of

that paragraph.

      (6)
An appeal from the Tribunal shall lie to the High Court, at the

instance of the Society or the person in respect of whom the order

of the Tribunal was made.
100
      (7)
The High Court shall have power to make such order on an appeal

under this paragraph as it may think fit.

      (8)
Any decision of the High Court on an appeal under this section shall

be final.

      (9)
This paragraph is without prejudice to any power conferred on the
105
Tribunal in connection with an application or complaint made to

it.”’.

As Amendments to Bridget Prentice’s proposed Amendment (No. 94):—

John Mann

Not moved  (a)

Line  11,  Leave out lines 11 to 13 and insert—

    ‘(3)
The Society may publish details of any action it has taken under sub-paragraph

(2)(a) or (b), unless it considers that it is not in the public interest to do so.’.

John Mann

Not called  (b)

Line  81,  at end insert—

‘( )
varies the decision of the Society;’.

Bridget Prentice

Agreed to  95

Schedule  16,  page  275,  line  29,  after ‘solicitor’, insert ‘or employee of a solicitor’.

Bridget Prentice

Agreed to  96

Schedule  16,  page  275,  line  30,  leave out ‘his practice as a’ and insert ‘the practice

carried on by that’.

Bridget Prentice

Agreed to  197

Schedule  16,  page  275,  line  47,  at end insert—

Public Bill Committee Proceedings: 26th June 2007
67

Legal Services Bill-[Lords], continued

      ‘()
For this purpose a person has an interest in a body if the person has an interest

in the body within the meaning of Part 5 of the Legal Services Act 2007 (see

sections 72 and 109 of that Act).’.

Bridget Prentice

Agreed to  97

Schedule  16,  page  277,  line  2,  after ‘solicitor’, insert ‘or any employee of the

solicitor who is an authorised person’.

Bridget Prentice

Agreed to  98

Schedule  16,  page  277,  line  23,  at end insert—

‘(4)
A provision in the agreement that any manager of the body shall be

relieved from any responsibility to which the manager would

otherwise be subject in the course of the carrying on by the body of its

business as a recognised body shall be void.’.

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  318

Schedule  16,  page  279,  line  7,  leave out sub-paragraph (3) and insert—

    ‘(3)
For sub-paragraph (2)(c) substitute—

“(c)
a relevant insolvency event occurs in relation to a recognised

body;

(ca)
the Society has reason to suspect dishonesty on the part of any

manager of a recognised body; or”.’.

Bridget Prentice

Agreed to  99

Schedule  16,  page  280,  line  35,  leave out ‘or employee’.

Bridget Prentice

Agreed to  100

Schedule  16,  page  280,  line  37,  leave out ‘or employee’.

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  319

Schedule  16,  page  281,  line  14,  leave out from ‘partnership’ to ‘and’ in line 15 and

insert—


‘or the business of a sole principal, to a former manager of the body

(within the meaning of Schedule 2 to the Administration of Justice Act

1985),’.

Bridget Prentice

Agreed to  101

Schedule  16,  page  281,  line  18,  after ‘etc)’, insert ‘—

Public Bill Committee Proceedings: 26th June 2007
68

Legal Services Bill-[Lords], continued

(a)
for sub-paragraph (1) substitute—

  “(1)
Where a recognised body acts as such for a client, any

communication, document, material or information is

privileged from disclosure in like manner as if the

recognised body had at all material times been a solicitor

acting for the client.”, and

(b)
’.

Bridget Prentice

Agreed to  324

Schedule  16,  page  281,  line  40,  leave out ‘and’ and insert—

‘( )
in that subsection for “officers” substitute “managers”, and’.

Bridget Prentice

Agreed to  325

Schedule  16,  page  281,  line  46,  at end insert ‘and

( )
in subsection (9), after the definition of “foreign lawyer” insert—

““manager”, in relation to a body, has the same meaning as in the

Legal Services Act 2007 (see section 208 of that Act);”.’.

Schedule, as amended, Agreed to.

Clauses 179 to 183 Agreed to.

Bridget Prentice

Agreed to  198

Schedule  17,  page  295,  line  2,  leave out ‘of the persons within subsection (5)’ and

insert ‘director of the body’.

Bridget Prentice

Agreed to  199

Schedule  17,  page  295,  leave out lines 4 to 6.

Bridget Prentice

Agreed to  200

Schedule  17,  page  295,  line  17,  after ‘managers’, insert ‘or employees’.

Bridget Prentice

Agreed to  201

Schedule  17,  page  295,  line  23,  leave out ‘in shares’.

Bridget Prentice

Agreed to  102

Schedule  17,  page  295,  line  26,  leave out from beginning to ‘does’ in line 28 and

insert—

‘22
For section 33 (legal professional privilege) substitute—