Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Part 9 — General
108

Authority has by virtue of Part 20 of that Act arranged for its regulatory
role to be carried out by the Law Society of Scotland;
(f)
exempt regulated activities within the meaning of section 325(2) of the
Financial Services and Markets Act 2000 (c. 8).
(3)
In subsection (1), “complaint” and “practitioner” have the same meaning as in
5
Part 1 of the 2007 Act.
(4)
Omit section 77 of the 2007 Act (advice services and activities to which Act does
not apply).
(5)
Schedule 20 contains minor and consequential amendments in connection with
the application of the 2007 Act by virtue of this section.
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196
Scottish legal services ombudsman: functions
(1)
The functions of the Scottish legal services ombudsman cease to be exercisable
in relation to the advice, services and activities mentioned in section 195(2).
(2)
In the Immigration and Asylum Act 1999 (c. 33)—
(a)
in section 86(4)(c) (designated professional bodies), for “Scottish Legal
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Services Ombudsman” substitute “Scottish Legal Complaints
Commission”, and
(b)
in paragraph 4(2)(c) of Schedule 5 (the Immigration Services
Commissioner), for “Scottish Legal Services Ombudsman” substitute
“Scottish Legal Complaints Commission”.
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Part 9
General
Offences
197
Offences committed by bodies corporate and unincorporated bodies
(1)
Where an offence committed by a body corporate is proved to have been
25
committed with the consent or connivance of or to be attributable to any
neglect on the part of an officer of the body corporate, that officer (as well as
the body corporate) is guilty of the offence and is liable to be proceeded against
and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection
30
(1) applies in relation to the acts and defaults of a member in connection with
the member’s functions of management as it applies to an officer of the body
corporate.
(3)
Proceedings for an offence alleged to have been committed by an
unincorporated body are to be brought in the name of that body (and not in
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that of any of its members) and, for the purposes of any such proceedings, any
rules of court relating to the service of documents have effect as if that body
were a corporation.
(4)
A fine imposed on an unincorporated body on its conviction of an offence is to
be paid out of the funds of that body.
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Legal Services Bill [HL]
Part 9 — General
109

(5)
If an unincorporated body is charged with an offence, section 33 of the
Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act
1980 (c. 43) (procedure on charge of an offence against a corporation) have
effect in like manner as in the case of a corporation so charged.
(6)
Where an offence committed by an unincorporated body (other than a
5
partnership) is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, any officer of the body or
any member of its governing body, that officer or member as well as the
unincorporated body is guilty of the offence and liable to be proceeded against
and punished accordingly.
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(7)
Where an offence committed by a partnership is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of, a partner, that partner as well as the partnership is guilty
of the offence and liable to be proceeded against and punished accordingly.
(8)
In this section—
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“offence” means an offence under this Act;
“officer”, in relation to a body corporate, means—
(a)
any director, secretary or other similar officer of the body
corporate, or
(b)
any person who was purporting to act in any such capacity.
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198
Local weights and measures authorities
(1)
A local weights and measures authority may institute proceedings for an
offence under section 14 if the activity which it is alleged that the accused was
not entitled to carry on constitutes reserved instrument activities.
(2)
A local weights and measures authority may institute proceedings for an
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offence under section 16 if the activity which it is alleged that E was not entitled
to carry on constitutes reserved instrument activities.

“E” has the same meaning as in that section.
(3)
In this section—
“relevant offence” means an offence in relation to which proceedings may
30
be instituted by virtue of subsection (1) or (2);
“weights and measures officer” means an officer of a local weights and
measures authority who is authorised by the authority to exercise the
powers conferred by subsection (4).
(4)
A weights and measures officer who has reasonable cause to suspect that a
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relevant offence may have been committed may, at any reasonable time—
(a)
enter any premises which are not used solely as a dwelling;
(b)
require any officer, agent or other competent person on the premises
who is, or may be, in possession of information relevant to an
investigation of the suspected offence to provide such information;
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(c)
require the production of any document which may be relevant to such
an investigation;
(d)
take copies, or extracts, of any such documents;
(e)
seize and retain any document which the weights and measures officer
has reason to believe may be required as evidence in proceedings for a
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relevant offence.

Legal Services Bill [HL]
Part 9 — General
110

(5)
Any person exercising a power given by subsection (4) must, if asked to do so,
produce evidence that that person is a weights and measures officer.
(6)
A justice of the peace may issue a warrant under this section if satisfied, on
information on oath given by a weights and measures officer, that there is
reasonable cause to believe that a relevant offence may have been committed
5
and that—
(a)
entry to the premises concerned, or production of any documents
which may be relevant to an investigation of the relevant offence, has
been or is likely to be refused to a weights and measures officer, or
(b)
there is reasonable cause to believe that, if production of any such
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document were to be required by the weights and measures officer
without a warrant having been issued under this section, the document
would not be produced but would be removed from the premises or
hidden, tampered with or destroyed.
(7)
A warrant issued under this section must authorise the weights and measures
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officer accompanied, where that officer considers it appropriate, by a constable
or other person—
(a)
to enter the premises specified in the information, using such force as is
reasonably necessary, and
(b)
to exercise any of the powers given to the weights and measures officer
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by subsection (4).
(8)
It is an offence for a person (“P”)—
(a)
intentionally to obstruct a weights and measures officer in the exercise
of any power under this section;
(b)
intentionally to fail to comply with any requirement properly imposed
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on P by a weights and measures officer in the exercise of any such
power;
(c)
to fail, without reasonable excuse, to give a weights and measures
officer any assistance or information which the weights and measures
officer may reasonably require of P for the purpose of exercising any
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such power; or
(d)
in giving to a weights and measures officer any information which P
has been required to give a weights and measures officer exercising any
such power, to make any statement which P knows to be false or
misleading in a material particular.
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(9)
A person who is guilty of an offence under subsection (8) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(10)
Nothing in this section is to be taken to require any person to answer any
question put to that person by a weights and measures officer, or to give any
information to such an officer, if to do so might incriminate that person.
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Protected functions of the Lord Chancellor
199
Protected functions of the Lord Chancellor
(1)
Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of
the Lord Chancellor) is amended as follows.

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Part 9 — General
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(2)
After paragraph 3 insert—
“3A
Any function of the Lord Chancellor under the Legal Services Act
2007.”
(3)
Part A of paragraph 4 is amended in accordance with subsections (4) to (7).
(4)
After the entry for the Juries Act 1974 (c. 23), insert—
5

“Solicitors Act 1974 (c. 47)

Section 56”.
(5)
After the entry for the Reserve Forces (Safeguard of Employment) Act 1985
(c. 17), insert—

“Administration of Justice Act 1985 (c. 61)
10

Section 9(7)

Section 69(2)

Schedule 3”.
(6)
In the entry for the Courts and Legal Services Act 1990 (c. 41)—
(a)
after “Section 1” insert—
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“Section 53

Section 60”, and
(b)
after “Section 72” insert—

“Section 89

Section 125(4)
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Schedule 19, paragraph 17”.
(7)
After the entry for the Finance Act 1999 (c. 16), insert—

“Access to Justice Act 1999 (c. 22)

Section 45”.
Notices etc
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200
Notices and directions
(1)
A requirement or power under this Act to give a notice (or to notify) is a
requirement or power to give notice in writing.
(2)
A requirement or power under this Act to give a direction (or to direct) is a
requirement or power to give a direction in writing.
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(3)
Any power conferred by this Act to give a direction includes power to revoke
the direction.
(4)
Subsection (3) does not apply to the power conferred on an ombudsman to give
a direction under section 137 (directions on a determination of a complaint).
201
Documents
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(1)
In this Act “document” includes anything in which information is recorded in
any form.
(2)
In relation to a document in which information is recorded otherwise than in a
legible form, any reference to the production of the document is a reference to

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the production of the information in a legible form or in a form from which it
can readily be produced in a legible form.
202
The giving of notices, directions and other documents
(1)
This section applies where provision made (in whatever terms) by or under
this Act authorises or requires a notice, direction or any other document
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(including a copy of a document) to be given to a person.
(2)
The notice, direction or document may be given to the person—
(a)
by delivering it to the person,
(b)
by leaving it at the person’s proper address, or
(c)
by sending it by post to the person at that address.
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(3)
The notice, direction or document may be given to a body corporate by being
given to the secretary or clerk of that body.
(4)
The notice, direction or document may be given to a partnership by being
given to—
(a)
a partner in the partnership, or
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(b)
a person having the control or management of the partnership
business.
(5)
The notice, direction or document may be given to any other unincorporated
body by being given to a member of the governing body of the unincorporated
body.
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(6)
For the purposes of this section, and section 7 of the Interpretation Act 1978 (c.
30) (service of documents by post) in its application to this section, the proper
address of a person is—
(a)
in the case of a body corporate, the address of the registered or
principal office of the body;
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(b)
in the case of a partnership, or any other unincorporated body, the
address of the principal office of the partnership or body;
(c)
in the case of a person to whom the notice or other document is given
in reliance on any of subsections (3) to (5), the proper address of the
body corporate, partnership or other unincorporated body in question;
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(d)
in any other case, the last known address of the person in question.
(7)
In the case of—
(a)
a company registered outside the United Kingdom,
(b)
a partnership carrying on business outside the United Kingdom, or
(c)
any other unincorporated body with offices outside the United
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Kingdom,

the references in subsection (6) to its principal office include references to its
principal office within the United Kingdom (if any).
(8)
This section has effect subject to section 203 (notices, directions and documents
in electronic form).
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203
The giving of notices, directions and other documents in electronic form
(1)
This section applies where—
(a)
section 202 authorises the giving of a notice, direction or other
document by its delivery to a particular person (“the recipient”), and

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Part 9 — General
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(b)
the notice, direction or other document is transmitted to the recipient—
(i)
by means of an electronic communications network, or
(ii)
by other means but in a form that nevertheless requires the use
of apparatus by the recipient to render it intelligible.
(2)
The transmission has effect for the purposes of this Act as a delivery of the
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notice, direction or other document to the recipient, but only if the
requirements imposed by or under this section are complied with.
(3)
Where the recipient is the Board, the OLC or an ombudsman—
(a)
the recipient must have indicated its willingness to receive the notice,
direction or other document in a manner mentioned in subsection
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(1)(b),
(b)
the transmission must be made in such manner, and satisfy such other
conditions as the recipient may require, and
(c)
the notice, direction or other document must take such form as the
recipient may require.
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(4)
Where the person making the transmission is the Board, the OLC or an
ombudsman, that person may (subject to subsection (5)) determine—
(a)
the manner in which the transmission is made, and
(b)
the form in which the notice, direction or other document is
transmitted.
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(5)
Where the recipient is a person other than the Board, the OLC or an
ombudsman—
(a)
the recipient, or
(b)
the person on whose behalf the recipient receives the notice, direction
or other document,
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must have indicated to the person making the transmission the recipient’s
willingness to receive notices, directions or other documents transmitted in the
form and manner used.
(6)
An indication to any person for the purposes of subsection (5)—
(a)
must be given to that person in such manner as that person may
30
require;
(b)
may be a general indication or one that is limited to notices or
documents of particular descriptions;
(c)
must state the address to be used and must be accompanied by such
other information as that person requires for the making of the
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transmission;
(d)
may be modified or withdrawn at any time by a notice given to that
person in such manner as that person may require.
(7)
An indication, requirement or determination given, imposed or made by the
Board, the OLC or an ombudsman for the purposes of this section is to be
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given, imposed or made by being published by that person.
(8)
In this section “electronic communications network” has the same meaning as
in the Communications Act 2003 (c. 21).