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
69

Legal Services Bill-[Lords], continued

“33
Legal professional privilege

(1)
Subsection (2) applies where a licensed conveyancer or recognised

body acts as such for a client.

(2)
Any communication, document, material or information is privileged

from disclosure in like manner as if the licensed conveyancer or body

had at all material times been acting as the client’s solicitor.

(3)
This section”.’.

Schedule, as amended, Agreed to.

Clauses 184 to 187 Agreed to.

Schedule 18 Agreed to.

Clause 188 Agreed to.

Schedule 19 Agreed to.

Clauses 189 and 190 Agreed to.

Bridget Prentice

Agreed to  18

Clause  191,  page  103,  line  19,  leave out from ‘applies’ to end of line 20 and insert

‘where an individual (“P”) who is not a barrister or solicitor—’.

Bridget Prentice

Agreed to  19

Clause  191,  page  103,  line  21,  leave out ‘providing’ and insert ‘provides’.

Bridget Prentice

Agreed to  20

Clause  191,  page  103,  line  23,  leave out ‘providing’ and insert ‘provides’.

Bridget Prentice

Agreed to  21

Clause  191,  page  103,  line  25,  leave out ‘providing’ and insert ‘provides’.

Bridget Prentice

Agreed to  22

Clause  191,  page  103,  line  27,  leave out ‘providing’ and insert ‘provides’.

Bridget Prentice

Agreed to  23

Clause  191,  page  103,  line  29,  leave out from ‘Any’ to ‘privileged’ and insert

‘communication, document, material or information relating to the provision of the

services in question is’.

Public Bill Committee Proceedings: 26th June 2007
70

Legal Services Bill-[Lords], continued

Bridget Prentice

Agreed to  24

Clause  191,  page  103,  line  33,  leave out from ‘(a)’ to ‘services’ in line 34 and insert

‘a licensed body provides’.

Bridget Prentice

Agreed to  25

Clause  191,  page  103,  line  39,  leave out from ‘(4)’ to ‘privileged’ and insert ‘Any

communication, document, material or information relating to the provision of the

services in question is’.

Bridget Prentice

Agreed to  26

Clause  191,  page  103,  line  44,  leave out paragraph (b).

Bridget Prentice

Agreed to  27

Clause  191,  page  104,  line  31,  after ‘communication’, insert ‘, a document,

material or information’.

Clause, as amended, Agreed to.

Clauses 192 and 193 Agreed to.

Simon Hughes

John Hemming

Negatived on division  243

Clause  194,  page  106,  line  41,  leave out subsection (2).

Clause Agreed to.

Bridget Prentice

Agreed to  323

Clause  195,  page  108,  line  11,  leave out ‘under section 3’ and insert ‘in accordance

with section 3A’.

Clause, as amended, Agreed to.

Clause 196 Agreed to.

Schedule 20 Agreed to.

Public Bill Committee Proceedings: 26th June 2007
71

Legal Services Bill-[Lords], continued

Clauses 197 to 207 Agreed to.

Bridget Prentice

Agreed to on division  126

Clause  208,  page  118,  line  3,  at end insert—

‘“independent trade union” has the same meaning as in the Trade Union and

Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that

Act);’

Bridget Prentice

Agreed to  127

Clause  208,  page  118,  line  18,  leave out ‘a’ and insert ‘an independent’.

Bridget Prentice

Agreed to  128

Clause  208,  page  118,  leave out lines 33 to 35.

Clause, as amended, Agreed to.

Clauses 209 to 211 Agreed to.

Bridget Prentice

Agreed to on division  28

Clause  212,  page  120,  line  5,  leave out from ‘Chancellor’ to end of line 24.

Clause, as amended, Agreed to.

Clauses 213 and 214 Agreed to.

Bridget Prentice

Agreed to  29

Clause  215,  page  120,  line  37,  leave out subsection (2).

Clause, as amended, Agreed to.

Bridget Prentice

Agreed to  103

Schedule  21,  page  337,  line  10,  leave out paragraph (a) and insert—

‘( )
in subsection (1), after “to” (in the first place) insert “—

Public Bill Committee Proceedings: 26th June 2007
72

Legal Services Bill-[Lords], continued

(a)
”,

( )
at the end of that subsection insert “, and

(b)
documents, material or information relating to any

matter mentioned in paragraph (a).”, and

( )
for subsection (2) substitute—

“(2)
Where a patent attorney acts for a client in relation to a matter

mentioned in subsection (1), any communication, document,

material or information to which this section applies is

privileged from disclosure in like manner as if the patent

attorney had at all material times been acting as the client’s

solicitor.”,’.

Bridget Prentice

Agreed to  104

Schedule  21,  page  337,  line  14,  at end insert ‘, and

( )
omit subsection (4).’

Bridget Prentice

Agreed to  105

Schedule  21,  page  343,  line  30,  leave out paragraph (a) and insert—

‘( )
in subsection (1), after “to” (in the first place) insert “—

(a)
”,

( )
at the end of that subsection insert “, and

(b)
documents, material or information relating to any

matter mentioned in paragraph (a).”, and

( )
for subsection (2) substitute—

“(2)
Where a trade mark attorney acts for a client in relation to a

matter mentioned in subsection (1), any communication,

document, material or information to which this section

applies is privileged from disclosure in like manner as if the

trade mark attorney had at all material times been acting as the

client’s solicitor.”’.

Bridget Prentice

Agreed to  326

Schedule  21,  page  344,  line  14,  at end insert—

‘Police Act 1996 (c. 16)


In section 84 of the Police Act 1996 (representation at disciplinary and other

proceedings), in subsection (2) for “either by counsel or by a solicitor”

substitute “by a person who, for the purposes of the Legal Services Act 2007,

is an authorised person in relation to an activity which constitutes the exercise

of a right of audience (within the meaning of that Act)”.’

Schedule, as amended, Agreed to.

Public Bill Committee Proceedings: 26th June 2007
73

Legal Services Bill-[Lords], continued

Schedule 22 Agreed to.

Bridget Prentice

Agreed to  106

Schedule  23,  page  362,  line  39,  column 2, at end insert—

‘In section 48(2)(b) “in the London Gazette”.’.

Bridget Prentice

Agreed to  107

Schedule  23,  page  367,  line  30,  column 2, leave out from beginning to end of line

31 and insert—

‘In section 280—

(a)
in subsection (3) “or” at the end of paragraph

(b), and

(b)
subsection (4).’.



Schedule, as amended, Agreed to.

Bridget Prentice

Agreed to  202

Schedule  24,  page  371,  line  14,  at end insert—

‘independent trade union
section 208’.

Bridget Prentice

Agreed to  203

Schedule  24,  page  371,  line  14,  at end insert—

‘indirect interest (of a non-
section 72’.

authorised person in a licensable

body)

Bridget Prentice

Agreed to  204

Schedule  24,  page  371,  line  15,  column 1, leave out ‘in shares’.

Public Bill Committee Proceedings: 26th June 2007
74

Legal Services Bill-[Lords], continued

Bridget Prentice

Agreed to  205

Schedule  24,  page  373,  leave out line 2.

Schedule, as amended, Agreed to.

New Clauses

Advice and research functions of the Practitioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  NC1

To move the following Clause:—

‘(1)
The Practitioner Panel may, at the request of the Board—

(a)
carry out research for the Board;

(b)
give advice to the Board.

(2)
The Board must consider any advice given and the results of any research carried

out under this section.

(3)
The Practitioner Panel may publish such information as it thinks fit about advice

it gives, and about the results of research carried out by it, under this section.’.

Paralegals

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  NC2

To move the following Clause:—

‘(1)
The Board must assist the maintenance and development of standards in relation

to—

(a)
the training of paralegals employed by authorised or exempt persons and

(b)
the proper supervision and monitoring of paralegals.

(2)
For the purposes of this section a “paralegal” is a person providing legal advice,

support, assistance or representation in accordance with regulations prescribed by

the Lord Chancellor.’.

Public Bill Committee Proceedings: 26th June 2007
75

Legal Services Bill-[Lords], continued

Professional representations

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Second reading negatived on division  NC3

To move the following Clause:—

‘Section 10 shall apply mutatis mutandis to representations by approved

regulators whether in their regulatory or representive capacity.’.

Representations by the Practioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  NC4

To move the following Clause:—

‘(1)
The Board must consider any representations made to it by the Practioner Panel.

(2)
If the Board disagrees with a view expressed, or proposal made, in the

representations, it must give the Practioner Panel a notice to that effect stating its

reasons for disagreeing.

(3)
The Practioner Panel may publish such information as it thinks fit about any

representations made by it to the Board.

(4)
Where the Consumer Panel publishes information about any representations

made by it, the Board must publish any notice it gives under subsection (2) in

respect of those representations.’.

The Practioner Panel

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

Not called  NC5

To move the following Clause:—

‘(1)
The Board must establish and maintain a panel of persons (to be known as “the

Practioner Panel”) to represent the interests of practitioners and consult them on

the extent to which its general policies and practices are consistent with its

general duties under section 1.

(2)
The Board must appoint one of the members of the Practioner Panel to be the

chairman of the Panel.

(3)
The Lord Chancellor’s approval is required for the appointment or dismissal of

the chairman.

(4)
The Board must have regard to any representation made to it by the Practioner

Panel.