|
| |
|
regulator (within the meaning of that Act) in relation |
| |
| |
(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”, |
| |
| |
(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 |
| |
| 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”. |
| |
| |
(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 |
| |
| 35 |
(b) | against an order under section 43(3A), |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
(2) | Those provisions are— |
| |
| |
| |
| |
| 5 |
| |
(f) | paragraph 14 of Schedule 14 to the Courts and Legal Services |
| |
Act 1990 (foreign lawyers: appeals against conditions or |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 25 |
(a) | in paragraph (a) for “Secretary of State” substitute “Lord |
| |
| |
(b) | after paragraph (d) insert— |
| |
“(da) | a member of the Legal Services Board nominated by |
| |
| 30 |
(c) | in paragraph (e) for “Secretary of State” substitute “Lord |
| |
| |
(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 |
| |
(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—”. |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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”. |
| |
| |
(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”, |
| |
| |
(i) | for “taxation” substitute “assessment”, and |
| 15 |
(ii) | for “taxing officer” substitute “costs officer”, and |
| |
| |
(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”, |
| |
| |
(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”, |
| |
| |
(i) | for “taxing officer” substitute “costs officer”, and |
| |
(ii) | for “taxed” substitute “assessed”, |
| |
| 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)— |
| |
|
| |
|
| |
|
(a) | in subsection (1) for “taxing officer” substitute “costs officer”, and |
| |
| |
(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 |
| |
(i) | for “taxation” substitute “assessment”, and |
| |
(ii) | for “taxing officer” substitute “costs officer”, and |
| |
| |
(i) | for “taxation” substitute “assessment”, |
| 10 |
(ii) | for “taxing officer” (in both places) substitute “costs officer”, |
| |
| |
(iii) | after “solicitor” (in the third place) insert “, or any of his |
| |
| |
60 | In section 64 (form of bill of costs for contentious business)— |
| 15 |
(a) | in subsection (3) for “taxed” substitute “assessed”, and |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 10 |
(c) | it is delivered to that party— |
| |
(i) | by means of an electronic communications network, |
| |
| |
(ii) | by other means but in a form that nevertheless |
| |
requires the use of apparatus by the recipient to |
| 15 |
| |
| and that party has indicated to the person making the |
| |
delivery his willingness to accept delivery of a bill sent in the |
| |
| |
(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 |
| |
| |
(b) | may be modified or withdrawn at any time by a notice given |
| |
| 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 |
| |
| 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).” |
| |
| |
“(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 |
| |
| |
| |
“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 |
| |
| |
65 | In section 70 (taxation on application of party chargeable or solicitor)— |
| 45 |
(a) | in the section heading for “Taxation” substitute “Assessment”, |
| |
| |
|
| |
|
| |
|
(i) | for “taxed” substitute “assessed”, and |
| |
(ii) | for “taxation” substitute “assessment”, |
| |
| |
(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 |
| |
| |
| |
(i) | for “taxation” substitute “assessment”, and |
| |
(ii) | for “taxed” substitute “assessed”, |
| 10 |
| |
(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 |
| |
| |
(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) | for “taxing officer” substitute “costs officer”, and |
| |
(ii) | for “taxation” (in both places) substitute “assessment”, |
| 25 |
(j) | omit subsection (11), and |
| |
| |
(i) | for “of the bill taxed off” substitute “of the reduction in the |
| |
| |
(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”, |
| |
| 35 |
(i) | for “taxed” substitute “assessed”, and |
| |
(ii) | for “taxation” substitute “assessment”, |
| |
(d) | in subsection (4) for “taxation” substitute “assessment”, |
| |
| |
(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 |
| |
(i) | for “taxing officer” (in each place) substitute “costs officer”, |
| |
|
| |
|
| |
|
(ii) | for second and fourth “taxing” substitute “assessing”, and |
| |
(iii) | for “tax” substitute “assess”, |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|