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| | “33 | Legal professional privilege |
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| | (1) | Subsection (2) applies where a licensed conveyancer or recognised |
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| | body acts as such for a client. |
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| | (2) | Any communication, document, material or information is privileged |
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| | from disclosure in like manner as if the licensed conveyancer or body |
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| | had at all material times been acting as the client’s solicitor. |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 184 to 187 Agreed to. |
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| | Clauses 189 and 190 Agreed to. |
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| Clause 191, page 103, line 19, leave out from ‘applies’ to end of line 20 and insert |
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| ‘where an individual (“P”) who is not a barrister or solicitor—’. |
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| Clause 191, page 103, line 21, leave out ‘providing’ and insert ‘provides’. |
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| Clause 191, page 103, line 23, leave out ‘providing’ and insert ‘provides’. |
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| Clause 191, page 103, line 25, leave out ‘providing’ and insert ‘provides’. |
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| Clause 191, page 103, line 27, leave out ‘providing’ and insert ‘provides’. |
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| Clause 191, page 103, line 29, leave out from ‘Any’ to ‘privileged’ and insert |
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| ‘communication, document, material or information relating to the provision of the |
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| services in question is’.
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| Clause 191, page 103, line 33, leave out from ‘(a)’ to ‘services’ in line 34 and insert |
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| ‘a licensed body provides’.
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| Clause 191, page 103, line 39, leave out from ‘(4)’ to ‘privileged’ and insert ‘Any |
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| communication, document, material or information relating to the provision of the |
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| services in question is’.
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| Clause 191, page 103, line 44, leave out paragraph (b).
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| Clause 191, page 104, line 31, after ‘communication’, insert ‘, a document, |
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| material or information’.
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| | Clause, as amended, Agreed to. |
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| | Clauses 192 and 193 Agreed to. |
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| | Negatived on division 243 |
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| Clause 194, page 106, line 41, leave out subsection (2). |
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| Clause 195, page 108, line 11, leave out ‘under section 3’ and insert ‘in accordance |
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| | Clause, as amended, Agreed to. |
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| | Clauses 197 to 207 Agreed to. |
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| | Agreed to on division 126 |
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| Clause 208, page 118, line 3, at end insert— |
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| | ‘“independent trade union” has the same meaning as in the Trade Union and |
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| | Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that |
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| Clause 208, page 118, line 18, leave out ‘a’ and insert ‘an independent’. |
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| Clause 208, page 118, leave out lines 33 to 35. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 209 to 211 Agreed to. |
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| Clause 212, page 120, line 5, leave out from ‘Chancellor’ to end of line 24.
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| | Clause, as amended, Agreed to. |
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| | Clauses 213 and 214 Agreed to. |
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| Clause 215, page 120, line 37, leave out subsection (2).
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| | Clause, as amended, Agreed to. |
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| Schedule 21, page 337, line 10, leave out paragraph (a) and insert— |
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| | ‘( ) | in subsection (1), after “to” (in the first place) insert “— |
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| | ( ) | at the end of that subsection insert “, and |
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| | (b) | documents, material or information relating to any |
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| | matter mentioned in paragraph (a).”, and |
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| | ( ) | for subsection (2) substitute— |
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| | “(2) | Where a patent attorney acts for a client in relation to a matter |
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| | mentioned in subsection (1), any communication, document, |
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| | material or information to which this section applies is |
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| | privileged from disclosure in like manner as if the patent |
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| | attorney had at all material times been acting as the client’s |
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| Schedule 21, page 337, line 14, at end insert ‘, and |
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| | ( ) | omit subsection (4).’ |
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| Schedule 21, page 343, line 30, leave out paragraph (a) and insert— |
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| | ‘( ) | in subsection (1), after “to” (in the first place) insert “— |
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| | ( ) | at the end of that subsection insert “, and |
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| | (b) | documents, material or information relating to any |
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| | matter mentioned in paragraph (a).”, and |
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| | ( ) | for subsection (2) substitute— |
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| | “(2) | Where a trade mark attorney acts for a client in relation to a |
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| | matter mentioned in subsection (1), any communication, |
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| | document, material or information to which this section |
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| | applies is privileged from disclosure in like manner as if the |
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| | trade mark attorney had at all material times been acting as the |
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| Schedule 21, page 344, line 14, at end insert— |
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| | | In section 84 of the Police Act 1996 (representation at disciplinary and other |
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| | proceedings), in subsection (2) for “either by counsel or by a solicitor” |
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| | substitute “by a person who, for the purposes of the Legal Services Act 2007, |
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| | is an authorised person in relation to an activity which constitutes the exercise |
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| | of a right of audience (within the meaning of that Act)”.’
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| | Schedule, as amended, Agreed to. |
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| Schedule 23, page 362, line 39, column 2, at end insert— |
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| | ‘In section 48(2)(b) “in the London Gazette”.’. |
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| Schedule 23, page 367, line 30, column 2, leave out from beginning to end of line |
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| | | | | | | (a) | in subsection (3) “or” at the end of paragraph |
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| | Schedule, as amended, Agreed to. |
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| Schedule 24, page 371, line 14, at end insert— |
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| Schedule 24, page 371, line 14, at end insert— |
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| ‘indirect interest (of a non- |
| | | | | authorised person in a licensable |
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| Schedule 24, page 371, line 15, column 1, leave out ‘in shares’. |
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| Schedule 24, page 373, leave out line 2. |
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| | Schedule, as amended, Agreed to. |
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| | Advice and research functions of the Practitioner Panel |
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| To move the following Clause:— |
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| | ‘(1) | The Practitioner Panel may, at the request of the Board— |
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| | (a) | carry out research for the Board; |
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| | (b) | give advice to the Board. |
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| | (2) | The Board must consider any advice given and the results of any research carried |
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| | (3) | The Practitioner Panel may publish such information as it thinks fit about advice |
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| | it gives, and about the results of research carried out by it, under this section.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Board must assist the maintenance and development of standards in relation |
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| | (a) | the training of paralegals employed by authorised or exempt persons and |
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| | (b) | the proper supervision and monitoring of paralegals. |
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| | (2) | For the purposes of this section a “paralegal” is a person providing legal advice, |
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| | support, assistance or representation in accordance with regulations prescribed by |
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| | Professional representations |
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| | Second reading negatived on division NC3 |
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| To move the following Clause:— |
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| | ‘Section 10 shall apply mutatis mutandis to representations by approved |
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| | regulators whether in their regulatory or representive capacity.’. |
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| | Representations by the Practioner Panel |
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| To move the following Clause:— |
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| | ‘(1) | The Board must consider any representations made to it by the Practioner Panel. |
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| | (2) | If the Board disagrees with a view expressed, or proposal made, in the |
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| | representations, it must give the Practioner Panel a notice to that effect stating its |
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| | (3) | The Practioner Panel may publish such information as it thinks fit about any |
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| | representations made by it to the Board. |
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| | (4) | Where the Consumer Panel publishes information about any representations |
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| | made by it, the Board must publish any notice it gives under subsection (2) in |
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| | respect of those representations.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Board must establish and maintain a panel of persons (to be known as “the |
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| | Practioner Panel”) to represent the interests of practitioners and consult them on |
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| | the extent to which its general policies and practices are consistent with its |
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| | general duties under section 1. |
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| | (2) | The Board must appoint one of the members of the Practioner Panel to be the |
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| | (3) | The Lord Chancellor’s approval is required for the appointment or dismissal of |
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| | (4) | The Board must have regard to any representation made to it by the Practioner |
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