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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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Make provision for the establishment of the Legal Services Board and in |
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respect of its functions; to make provision for, and in connection with, the |
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regulation of persons who carry on certain legal activities; to make provision |
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for the establishment of the Office for Legal Complaints and for a scheme to |
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consider and determine legal complaints; to make provision about claims |
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management services and about immigration advice and immigration |
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services; to make provision in respect of legal representation provided free of |
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charge; to make provision about the application of the Legal Profession and |
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Legal Aid (Scotland) Act 2007; to make provision about the Scottish legal |
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services ombudsman; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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The regulatory objectives |
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1 | The regulatory objectives |
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(1) | In this Act a reference to “the regulatory objectives” is a reference to the |
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(a) | protecting and promoting the public interest; |
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(b) | supporting the constitutional principle of the rule of law; |
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(c) | improving access to justice; |
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(d) | protecting and promoting the interests of consumers; |
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(e) | promoting competition in the provision of services within subsection |
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(f) | encouraging an independent, strong, diverse and effective legal |
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(g) | increasing public understanding of the citizen’s legal rights and duties; |
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(h) | promoting and maintaining adherence to the professional principles. |
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(2) | The services within this subsection are services such as are provided by |
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authorised persons (including services which do not involve the carrying on of |
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activities which are reserved legal activities). |
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(3) | The “professional principles” are— |
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(a) | that authorised persons should act with independence and integrity, |
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(b) | that authorised persons should maintain proper standards of work, |
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(c) | that authorised persons should act in the best interests of their clients, |
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(d) | that persons who exercise before any court a right of audience, or |
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conduct litigation in relation to proceedings in any court, by virtue of |
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being authorised persons should comply with their duty to the court to |
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act with independence in the interests of justice, and |
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(e) | that the affairs of clients should be kept confidential. |
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(4) | In this section “authorised persons” means authorised persons in relation to |
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activities which are reserved legal activities. |
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2 | The Legal Services Board |
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(1) | There is to be a body corporate called the Legal Services Board (“the Board”). |
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(2) | Schedule 1 is about the Board. |
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3 | The Board’s duty to promote the regulatory objectives etc |
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(1) | In discharging its functions the Board must comply with the requirements of |
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(2) | The Board must, so far as is reasonably practicable, act in a way— |
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(a) | which is compatible with the regulatory objectives, and |
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(b) | which the Board considers most appropriate for the purpose of meeting |
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(3) | The Board must have regard to— |
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(a) | the principles under which regulatory activities should be transparent, |
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accountable, proportionate, consistent and targeted only at cases in |
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which action is needed, and |
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(b) | any other principle appearing to it to represent the best regulatory |
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4 | Standards of regulation, education and training |
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The Board must assist in the maintenance and development of standards in |
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(a) | the regulation by approved regulators of persons authorised by them |
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to carry on activities which are reserved legal activities, and |
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(b) | the education and training of persons so authorised. |
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In managing its affairs, the Board must have regard to such generally accepted |
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principles of good corporate governance as it is reasonable to regard as |
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(1) | The Board must prepare a report (“the annual report”) for each financial year. |
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(2) | The annual report must deal with— |
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(a) | the discharge of the Board’s functions, |
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(b) | the extent to which, in the Board’s opinion, the Board has met the |
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regulatory objectives, and |
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(c) | such other matters as the Lord Chancellor may from time to time direct. |
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(3) | As soon as reasonably practicable after the end of each financial year, the Board |
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must give the Lord Chancellor a copy of the annual report prepared for that |
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(4) | The Lord Chancellor must lay a copy of the annual report before Parliament. |
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(5) | In this section “financial year” means— |
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(a) | the period beginning with the day on which the Board is established |
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and ending with the next following 31 March, and |
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(b) | each successive period of 12 months. |
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The Board may do anything calculated to facilitate, or incidental or conducive |
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to, the carrying out of any of its functions. |
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(1) | The Board must establish and maintain a panel of persons (to be known as “the |
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Consumer Panel”) to represent the interests of consumers. |
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(2) | The Board must appoint to the Consumer Panel such consumers, or persons |
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representing the interests of consumers, as the Board considers appropriate. |
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(3) | The Board must appoint one of the members of the Consumer Panel to be the |
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(4) | The Board must secure that the membership of the Consumer Panel is such as |
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to give a fair degree of representation to both— |
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(a) | those who are using (or are or may be contemplating using), in |
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connection with businesses carried on by them, services provided by |
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persons who are authorised persons in relation to activities which are |
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reserved legal activities, and |
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(b) | those who are using (or are or may be contemplating using) such |
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services otherwise than in connection with businesses carried on by |
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(5) | The Consumer Panel must not include any person who is— |
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(a) | a member of the Board or of its staff; |
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(b) | a member of the Office for Legal Complaints (see Part 6), an |
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ombudsman appointed by it or a member of its staff appointed under |
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paragraph 13 of Schedule 15; |
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(c) | a member of the governing body, or of the staff, of an approved |
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(d) | an authorised person in relation to an activity which is a reserved legal |
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(e) | a person authorised, by a person designated under section 5(1) of the |
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Compensation Act 2006 (c. 29), to provide services which are regulated |
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claims management services (within the meaning of that Act); |
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(f) | an advocate in Scotland; |
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(g) | a solicitor in Scotland; |
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(h) | a member of the Bar of Northern Ireland; or |
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(i) | a solicitor of the Court of Judicature of Northern Ireland. |
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(6) | The chairman and other members of the Consumer Panel are to be— |
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(a) | appointed on terms and conditions determined by the Board, and |
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(b) | paid by the Board in accordance with provision made by or under the |
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9 | Committees and the procedure of the Consumer Panel |
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(1) | The Consumer Panel may make such arrangements as it thinks fit for |
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committees established by the Panel to give advice to the Panel about matters |
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relating to the carrying out of the Panel’s functions. |
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(2) | The Consumer Panel may make such other arrangements for regulating its |
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own procedure, and for regulating the procedure of the committees |
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established by it, as it thinks fit. |
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(3) | Those arrangements may include arrangements as to quorums and as to the |
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making of decisions by a majority. |
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(4) | The committees established by the Consumer Panel may include committees |
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the membership of which includes persons who are not members of the Panel. |
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(5) | The membership of every committee established by the Consumer Panel must |
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contain at least one person who is a member of the Panel. |
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(6) | Where a person who is not a member of the Consumer Panel is a member of a |
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committee established by it, the Board may pay to that person such |
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remuneration and expenses as the Board may determine. |
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