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Legal Services Bill [HL]


Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

257

 

regulator (within the meaning of that Act) in relation

to that employee, and

(b)   

if the employee carries on activities which are not

reserved legal activities (within the meaning of that

Act), any body which regulates the carrying on of

5

such activities by the employee.”,

(g)   

after subsection (3A) insert—

“(3B)   

For the avoidance of doubt, nothing in this section permits

the Tribunal to make an order requiring redress to be made

in respect of any act or omission of any person.”, and

10

(h)   

omit subsections (4) and (5).

50         

In section 48 (orders of Tribunal)—

(a)   

in subsection (2)(b)—

(i)   

after “(e),” insert “(ea),”, and

(ii)   

omit “in the London Gazette”,

15

(b)   

in subsection (3) for “Subject to section 43(5), any” substitute “Any”,

and

(c)   

after subsection (4) insert—

“(5)   

In the case of orders of the Tribunal under section 44E, the

reference in subsection (2)(a) to the application or complaint

20

is to be read as a reference to the Tribunal’s order.”

51    (1)  

Section 49 (appeals from Tribunal) is amended as follows.

      (2)  

In subsection (1) for “lie—” to the end substitute “lie to the High Court”.

      (3)  

In subsection (2), after “(3)” insert “and to section 43(5) of the Administration

of Justice Act 1985”.

25

      (4)  

In subsection (3) for “legal aid work (within the meaning of that section)”

substitute “providing representation funded by the Legal Services

Commission as part of the Criminal Defence Service”.

      (5)  

In subsection (4)—

(a)   

omit “and the Master of the Rolls”, and

30

(b)   

for “they” substitute “it”.

      (6)  

For subsection (6) substitute—

“(6)   

Any decision of the High Court—

(a)   

on an application under section 43(3) or 47(1)(d), (e), (ea) or

(f), or

35

(b)   

against an order under section 43(3A),

   

shall be final.”

      (7)  

Omit subsection (7).

52         

After that section insert—

“49A    

Appeals to the Tribunal instead of the High Court

40

(1)   

The Society may, with the approval of the Tribunal, make rules

which provide that in such circumstances as may be prescribed by

the rules an appeal under any of the provisions listed in subsection

(2) lies to the Tribunal and not to the High Court.

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

258

 

(2)   

Those provisions are—

(a)   

section 8(4);

(b)   

section 13A(6);

(c)   

section 16(5);

(d)   

section 28(3D);

5

(e)   

section 41(3);

(f)   

paragraph 14 of Schedule 14 to the Courts and Legal Services

Act 1990 (foreign lawyers: appeals against conditions or

refusals).

(3)   

Any decision of the Tribunal on an appeal by virtue of rules made

10

under this section shall be final.”

53         

In section 54 (restrictions on powers to strike names off roll)—

(a)   

in subsection (1) for “service under articles” substitute “persons

seeking admission as solicitors”, and

(b)   

in subsection (2) for paragraphs (a) and (b) substitute—

15

“(a)   

that a solicitor who undertook a training

responsibility for him under training regulations

neglected or omitted to take out a practising

certificate; or

(b)   

that the name of a solicitor who undertook such a

20

responsibility for a period has been removed from or

struck off the roll after the end of that period.”

54    (1)  

Section 56 (orders as to remuneration for non-contentious business) is

amended as follows.

      (2)  

In subsection (1)—

25

(a)   

in paragraph (a) for “Secretary of State” substitute “Lord

Chancellor”,

(b)   

after paragraph (d) insert—

“(da)   

a member of the Legal Services Board nominated by

that Board;”, and

30

(c)   

in paragraph (e) for “Secretary of State” substitute “Lord

Chancellor”.

      (3)  

In subsection (2) for “(the Secretary of State” to “think fit” substitute “(the

Lord Chancellor being one), may make general orders prescribing the

general principles to be applied when determining”.

35

      (4)  

In subsection (3)—

(a)   

for “Secretary of State” substitute “Lord Chancellor”, and

(b)   

for “Council” (in both places) substitute “Society”.

      (5)  

In subsection (4) for “An order” to the end of paragraph (a) substitute—

   

“The principles prescribed by an order under this section may

40

provide that solicitors should be remunerated—”.

      (6)  

In subsection (5)—

(a)   

for “An order” to “reference” substitute—

   

“The general principles prescribed by an order under this section

may provide that the amount of such remuneration is to be

45

determined by having regard”, and

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

259

 

(b)   

in paragraph (d) after “solicitor” insert “, or any employee of his who

is an authorised person,”.

      (7)  

After that subsection insert—

“(5A)   

In subsection (5) “authorised person” means a person who is an

authorised person in relation to an activity which is a reserved legal

5

activity, within the meaning of the Legal Services Act 2007 (see

section 18 of that Act).”

      (8)  

In subsection (6)(a) for “taxation” substitute “assessment”.

      (9)  

In subsection (7)—

(a)   

for “taxation” substitute “assessment”, and

10

(b)   

for “regulated by” substitute “subject to”.

55         

In section 57 (non-contentious business agreements)—

(a)   

in subsection (2) for “stamps” substitute “taxes”,

(b)   

in subsection (5)—

(i)   

for “taxation” substitute “assessment”, and

15

(ii)   

for “taxing officer” substitute “costs officer”, and

(c)   

in subsection (7)—

(i)   

for “taxation” substitute “assessment”, and

(ii)   

for “taxing officer” substitute “costs officer”.

56         

In section 60 (effect of contentious business agreements)—

20

(a)   

in subsection (1) for “taxation” substitute “assessment”,

(b)   

in subsection (2)—

(i)   

for “taxed” substitute “assessed”, and

(ii)   

for “taxation” substitute “assessment”, and

(c)   

for subsection (5) substitute—

25

“(5)   

A provision in a contentious business agreement that the

solicitor shall not be liable for his negligence, or that of any

employee of his, shall be void if the client is a natural person

who, in entering that agreement, is acting for purposes which

are outside his trade, business or profession.

30

(6)   

A provision in a contentious business agreement that the

solicitor shall be relieved from any responsibility to which he

would otherwise be subject as a solicitor shall be void.”

57         

In section 61 (enforcement of contentious business agreements)—

(a)   

in subsection (2)(b) for “taxed” substitute “assessed”,

35

(b)   

in subsection (3) for “taxing officer” substitute “costs officer”,

(c)   

in subsection (4)—

(i)   

for “taxing officer” substitute “costs officer”, and

(ii)   

for “taxed” substitute “assessed”,

(d)   

in subsection (4B)—

40

(i)   

for “taxation” substitute “assessment”, and

(ii)   

for “taxing officer” substitute “costs officer”, and

(e)   

in subsection (5) for “taxed” substitute “assessed”.

58         

In section 62 (contentious business agreements by certain representatives)—

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

260

 

(a)   

in subsection (1) for “taxing officer” substitute “costs officer”, and

(b)   

in subsection (2)—

(i)   

for “taxing officer” substitute “costs officer”, and

(ii)   

for “taxed” substitute “assessed”.

59         

In section 63 (effect on contentious business agreement of death etc)—

5

(a)   

in subsection (2)—

(i)   

for “taxation” substitute “assessment”, and

(ii)   

for “taxing officer” substitute “costs officer”, and

(b)   

in subsection (3)—

(i)   

for “taxation” substitute “assessment”,

10

(ii)   

for “taxing officer” (in both places) substitute “costs officer”,

and

(iii)   

after “solicitor” (in the third place) insert “, or any of his

employees,”.

60         

In section 64 (form of bill of costs for contentious business)—

15

(a)   

in subsection (3) for “taxed” substitute “assessed”, and

(b)   

in subsection (4)—

(i)   

for “taxed” substitute “assessed”,

(ii)   

for “taxation” substitute “assessment”, and

(iii)   

for “taxing officer” (in both places) substitute “costs officer”.

20

61         

In section 65 (security for costs and termination of retainer), in subsection (1)

for “taxation” substitute “assessment”.

62         

In section 66 (taxations with respect to contentious business)—

(a)   

in the section heading for “Taxations” substitute “Assessments”,

(b)   

for “taxation” substitute “assessment”,

25

(c)   

for “taxing officer” substitute “costs officer”,

(d)   

in paragraph (a), after “solicitor” (in the second place) insert “or an

employee of the solicitor”, and

(e)   

in paragraph (b), after “him” insert “or by any employee of his who

is an authorised person (within the meaning of section 56(5A))”.

30

63         

In section 67 (inclusion of disbursements in bill of costs), in paragraph (b)—

(a)   

for “taxed” substitute “assessed”,

(b)   

for “taxing officer” substitute “costs officer”, and

(c)   

for “taxation” substitute “assessment”.

64    (1)  

Section 69 (action to recover solicitor’s costs) is amended as follows.

35

      (2)  

In subsection (1) for “taxed” substitute “assessed”.

      (3)  

For subsection (2) substitute—

“(2)   

The requirements referred to in subsection (1) are that the bill must

be—

(a)   

signed in accordance with subsection (2A), and

40

(b)   

delivered in accordance with subsection (2C).

(2A)   

A bill is signed in accordance with this subsection if it is—

(a)   

signed by the solicitor or on his behalf by an employee of the

solicitor authorised by him to sign, or

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

261

 

(b)   

enclosed in, or accompanied by, a letter which is signed as

mentioned in paragraph (a) and refers to the bill.

(2B)   

For the purposes of subsection (2A) the signature may be an

electronic signature.

(2C)   

A bill is delivered in accordance with this subsection if—

5

(a)   

it is delivered to the party to be charged with the bill

personally,

(b)   

it is delivered to that party by being sent to him by post to, or

left for him at, his place of business, dwelling-house or last

known place of abode, or

10

(c)   

it is delivered to that party—

(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

15

render it intelligible,

   

and that party has indicated to the person making the

delivery his willingness to accept delivery of a bill sent in the

form and manner used.

(2D)   

An indication to any person for the purposes of subsection (2C)(c)—

20

(a)   

must state the address to be used and must be accompanied

by such other information as that person requires for the

making of the delivery;

(b)   

may be modified or withdrawn at any time by a notice given

to that person.

25

(2E)   

Where a bill is proved to have been delivered in compliance with the

requirements of subsections (2A) and (2C), it is not necessary in the

first instance for the solicitor to prove the contents of the bill and it is

to be presumed, until the contrary is shown, to be a bill bona fide

complying with this Act.

30

(2F)   

A bill which is delivered as mentioned in subsection (2C)(c) is to be

treated as having been delivered on the first working day after the

day on which it was sent (unless the contrary is proved).”

      (4)  

At the end insert—

“(5)   

In this section references to an electronic signature are to be read in

35

accordance with section 7(2) of the Electronic Communications Act

2000 (c. 7).

(6)   

In this section—

“electronic communications network” has the same meaning as

in the Communications Act 2003 (c. 21);

40

“working day” means a day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a bank holiday in England

and Wales under the Banking and Financial Dealings Act

1971 (c. 80).”

65         

In section 70 (taxation on application of party chargeable or solicitor)—

45

(a)   

in the section heading for “Taxation” substitute “Assessment”,

(b)   

in subsection (1)—

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

262

 

(i)   

for “taxed” substitute “assessed”, and

(ii)   

for “taxation” substitute “assessment”,

(c)   

in subsection (2)—

(i)   

for “taxation” (in both places) substitute “assessment”, and

(ii)   

for “taxed” substitute “assessed”,

5

(d)   

in subsections (3) to (5) for “taxation” (in each place) substitute

“assessment”,

(e)   

in subsection (6)—

(i)   

for “taxation” substitute “assessment”, and

(ii)   

for “taxed” substitute “assessed”,

10

(f)   

in subsection (7)—

(i)   

for “taxation” (in each place) substitute “assessment”,

(ii)   

for “taxing officer” substitute “costs officer”, and

(iii)   

for “tax” substitute “assess”,

(g)   

in subsection (8) for “taxation” (in each place) substitute

15

“assessment”,

(h)   

in subsection (9)—

(i)   

for “for taxation” (in both places) substitute “for assessment”,

(ii)   

for “the taxation” (in both places) substitute “the assessment”,

(iii)   

for “a taxation” substitute “an assessment”, and

20

(iv)   

for “one fifth of the amount of the bill is taxed off” substitute

“the amount of the bill is reduced by one fifth”,

(i)   

in subsection (10)—

(i)   

for “taxing officer” substitute “costs officer”, and

(ii)   

for “taxation” (in both places) substitute “assessment”,

25

(j)   

omit subsection (11), and

(k)   

in subsection (12)—

(i)   

for “of the bill taxed off” substitute “of the reduction in the

bill”,

(ii)   

for “taxation” substitute “assessment”, and

30

(iii)   

for “taxed” (in the second place) substitute “assessed”.

66         

In section 71 (taxation on application of third parties)—

(a)   

in the section heading for “Taxation” substitute “Assessment”,

(b)   

in subsection (1) for “taxation” substitute “assessment”,

(c)   

in subsection (3) —

35

(i)   

for “taxed” substitute “assessed”, and

(ii)   

for “taxation” substitute “assessment”,

(d)   

in subsection (4) for “taxation” substitute “assessment”,

(e)   

in subsection (6)—

(i)   

for “taxation” substitute “assessment”, and

40

(ii)   

for “taxed” substitute “assessed”, and

(f)   

in subsection (7) for “taxed” substitute “assessed”.

67         

In section 72 (supplementary provisions as to taxations)—

(a)   

in the section heading for “taxations” substitute “assessments”,

(b)   

in subsection (1) for “taxation” substitute “assessment”,

45

(c)   

in subsection (2)—

(i)   

for “taxing officer” (in each place) substitute “costs officer”,

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

263

 

(ii)   

for second and fourth “taxing” substitute “assessing”, and

(iii)   

for “tax” substitute “assess”,

(d)   

in subsection (3)—

(i)   

for “taxing officer” (in both places) substitute “costs officer”,

(ii)   

for “tax” substitute “assess”, and

5

(iii)   

for “taxing” (in second place) substitute “assessing”, and

(e)   

in subsection (4)—

(i)   

for “taxing officer” substitute “costs officer”, and

(ii)   

for “taxed” substitute “assessed”.

68         

In section 73 (charging orders), in subsection (1)—

10

(a)   

for “taxed” substitute “assessed”, and

(b)   

for “taxation” substitute “assessment”.

69         

In section 74 (special provisions as to contentious business done in county

courts)—

(a)   

in subsection (2)—

15

(i)   

for “registrar” substitute “district judge”,

(ii)   

for “taxing officer” substitute “costs officer”, and

(iii)   

for “taxation” (in both places) substitute “assessment”, and

(b)   

in subsection (3) for “taxation” substitute “assessment”.

70         

Omit the following provisions—

20

section 76 (non-practising solicitors eligible for membership of Society),

section 77 (annual subscription to Society), and

section 78 (cessation and suspension of membership of Society).

71         

For section 79 (committees and sub-committees of the Council) substitute—

“79     

Discharge of the Council’s functions

25

(1)   

The Council may arrange for any function of the Council (including

any function exercisable by the Council by virtue of section 80) to be

exercised by—

(a)   

a committee of the Council,

(b)   

a sub-committee of such a committee,

30

(c)   

a body corporate which is established for the purpose of

providing services to the Council (or any committee of the

Council) and is a wholly-owned subsidiary of the Society, or

(d)   

an individual (whether or not a member of the Society’s

staff).

35

(2)   

Where by virtue of subsection (1) any function may be discharged by

a committee, the committee may arrange for the discharge of the

function by—

(a)   

a sub-committee of that committee,

(b)   

a body corporate which is established for the purpose of

40

providing services to the Council (or any committee of the

Council) and is a wholly-owned subsidiary of the Society, or

(c)   

an individual (whether or not a member of the Society’s

staff).

(3)   

Where, by virtue of subsection (1) or (2), any function may be

45

discharged by a sub-committee, that sub-committee may arrange for

 

 

 
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