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]
Schedule 17 — Licensed conveyancing
Part 1 — Administration of Justice Act 1985 (c. 61)
320

who is or was a manager or employee of
that body is or was a trustee in his capacity
as such a manager or employee, and
(ii)
as applying to a person who is or was a
manager or employee of the recognised
5
body and documents and property in his
possession or under his control in
connection with such a trust as it applies to
a recognised body and documents and
property in the possession or under the
10
control of that body;
(f)
paragraph 10A(1) of that Schedule is to be
construed as including power for the Council to
apply to the High Court for an order for the
appointment of a new trustee to a trust in
15
substitution for a person who is a trustee in his
capacity as a manager or employee of the
recognised body; and
(g)
paragraph 12A of that Schedule is to be read as if
the references to a former partner were
20
references—
(i)
in the case of a recognised body which is a
partnership, to a former partner in the
partnership, and
(ii)
in any other case to a manager or former
25
manager of the recognised body.”
     (16)
In paragraph 14 (examination of files)—
(a)
for sub-paragraph (1) substitute—
    “(1)
Where the Investigating Committee are satisfied that it is
necessary to do so for the purpose of investigating any
30
such allegation as is mentioned in paragraph 3(1)(a)(ii),
(aa) or (ab), the Committee may give an information notice
to a relevant person.
     (1A)
An information notice is a notice requiring the production
or delivery to any person appointed by the Committee, at
35
a time and a place to be fixed by the Committee, of all
documents in the possession or under the control of the
relevant person in connection with the matters to which
the allegation relates (whether or not they relate also to
other matters).
40
     (1B)
In this section “relevant person” means—
(a)
in the case of an allegation against a recognised
body, the recognised body or any of its managers
or employees, and
(b)
in the case of an allegation against a manager or
45
employee of a recognised body, the manager or
employee, the recognised body or any other
manager or employee of the recognised body.”,
and
(b)
in sub-paragraph (2)—
50
(i)
for “and 12” substitute “to 12A”,

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing
Part 2 — Courts and Legal Services Act 1990 (c. 41)
321

(ii)
for “sub-paragraph (1) of this paragraph” (except where it
appears in paragraph (d)) substitute “sub-paragraphs (1) and
(1A) of this paragraph”,
(iii)
in paragraph (b) after “body” insert “, manager or employee”,
and
5
(iv)
in paragraph (d) for “sub-paragraph (1)” substitute “sub-
paragraph (1A)”.
     (17)
Omit paragraph 15 (application of rules relating to accounts etc).
     (18)
In paragraph 16 (interest on client’s money)—
(a)
in sub-paragraph (1)—
10
(i)
after “recognised bodies” insert “or managers or employees
of such bodies,”,
(ii)
after “recognised body” insert “, manager or employee”,
(iii)
for “it keeps” substitute “it or he keeps”,
(iv)
for “its clients” substitute “clients of the recognised body”,
15
and
(v)
after “received by it” insert “or him”, and
(b)
in sub-paragraph (2), for “and any of its clients” substitute “, or any
manager or employee of such a body, and any of the clients of the
recognised body”.
20
Part 2
Courts and Legal Services Act 1990 (c. 41)
33
The Courts and Legal Services Act 1990 is amended in accordance with this
Part.
34    (1)
Section 53 (the Council for Licensed Conveyancers) is amended as follows.
25
      (2)
For subsections (1) to (3) substitute—
“(1)
The Council for Licensed Conveyancers has the powers necessary to
enable it to become designated as an approved regulator in relation
to one or more of the reserved legal activities within subsection (1A).
(1A)
The reserved legal activities to which this subsection applies are—
30
(a)
the exercise of a right of audience;
(b)
the conduct of litigation;
(c)
probate activities.
(2)
If the Council becomes an approved regulator in relation to one or
more of those activities, it may, in that capacity, authorise a person to
35
carry on a relevant activity only if the person is a licensed
conveyancer.
(3)
Where the Council authorises a licensed conveyancer to carry on a
relevant activity, it is to do so by issuing a licence to the licensed
conveyancer.”
40
      (3)
Omit subsection (5).
      (4)
For subsection (6) substitute—
“(6)
Where the Council exercises any of its powers in connection with—

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing
Part 2 — Courts and Legal Services Act 1990 (c. 41)
322

(a)
an application for designation as an approved regulator in
relation to a reserved legal activity within subsection (1A), or
(b)
the authorising of a person to carry on a relevant activity,

it is to do so subject to any requirements to which it is subject in
accordance with the provisions of the Legal Services Act 2007.”
5
      (5)
In subsection (8), for “Secretary of State” substitute “Lord Chancellor”.
      (6)
In subsection (9)—
(a)
for “Secretary of State” substitute “Lord Chancellor”, and
(b)
omit paragraph (e).
      (7)
After that subsection insert—
10
“(10)
For the purposes of this section—
(a)
“right of audience”, “conduct of litigation”, “probate
activities” and “reserved legal activity” have the same
meaning as in the Legal Services Act 2007;
(b)
references to designation as an approved regulator are to
15
designation as an approved regulator—
(i)
by Part 1 of Schedule 4 to the Legal Services Act 2007,
by virtue of an order under paragraph 5 of Schedule
22 to that Act, or
(ii)
under Part 2 of Schedule 4 to that Act;
20
(c)
“relevant activity” means an activity which is a reserved legal
activity—
(i)
which is within subsection (1A), and
(ii)
in relation to which the Council is designated as an
approved regulator by Part 1 of Schedule 4 to that Act
25
(by virtue of an order under paragraph 5 of Schedule
22 to that Act) or under Part 2 of that Schedule.”
35    (1)
Schedule 8 (licensed conveyancers) is amended as follows.
      (2)
In paragraph 1 (definitions)—
(a)
in the definition of “advocacy licence” for “and constituting” to the
30
end substitute “by which the Council authorises the licensed
conveyancer concerned to exercise a right of audience;”,
(b)
in the definition of “litigation licence” for “and constituting” to the
end substitute “by which the Council authorises the licensed
conveyancer concerned to carry on activities which constitute the
35
conduct of litigation;”,
(c)
in the definition of “probate licence” for “and constituting” to the end
substitute “by which the Council authorises the licensed
conveyancer concerned to carry on activities which constitute
probate activities;”, and
40
(d)
at the end insert—
““reserved legal activity” has the same meaning as in the
Legal Services Act 2007 (see section 12 of and
Schedule 2 to that Act).”
      (3)
In paragraph 2 (qualification regulations and rules of conduct), in sub-
45
paragraph (1)—
(a)
for “rules of conduct” substitute “conduct rules”, and

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing
Part 2 — Courts and Legal Services Act 1990 (c. 41)
323

(b)
for “granting of the rights or exemption” substitute “carrying on of
the reserved legal activities”.
      (4)
In paragraph 4 (issue of licences), in sub-paragraph (1)—
(a)
in paragraph (a) for “rules of conduct” substitute “conduct rules”,
and
5
(b)
in paragraph (c) for “provide the advocacy, litigation or probate
services” substitute “carry on the reserved legal activities”.
      (5)
In paragraph 5 (conditional licences)—
(a)
for sub-paragraph (1)(d) substitute—
“(d)
after the Investigating Committee have made any
10
order in his case under section 24A(1) of the Act of
1985 or the Discipline and Appeals Committee
have made any order in his case under section 26(1)
of that Act.”,
(b)
in sub-paragraph (6)—
15
(i)
in paragraph (a) for “service that may be provided” substitute
“activities that may be carried on”, and
(ii)
in paragraph (b) for “provides the additional services”
substitute “carries on the additional activities”, and
(c)
after sub-paragraph (7) insert—
20
    “(8)
Where a person applies for an advocacy, litigation or
probate licence at a time when this paragraph has effect in
relation to that person by reason of the circumstances
mentioned in section 16(1)(ea) of the Act of 1985, section
16A(2) of that Act has effect as it has effect in relation to an
25
application for a licence under Part 2 of that Act.”
      (6)
Omit paragraph 7 (code of conduct).
      (7)
In paragraph 9 (removal of disqualification from holding a licence) after sub-
paragraph (2) insert—
    “(3)
In relation to proceedings on an application under sub-paragraph
30
(1), the Discipline and Appeals Committee may make such order
as they consider fit as to the payment of costs by—
(a)
the Council;
(b)
the applicant.”
      (8)
In paragraph 10 (revocation on grounds of error or fraud), after sub-
35
paragraph (4) insert—
    “(5)
In relation to proceedings for the revocation of a licence under
sub-paragraph (1), the Discipline and Appeals Committee may
make such order as they consider fit as to the payment of costs
by—
40
(a)
the Council;
(b)
the licensed conveyancer to whose licence the proceedings
relate.
      (6)
In relation to proceedings on an application under sub-paragraph
(2), the Discipline and Appeals Committee may make such order
45
as they consider fit as to the payment of costs by—
(a)
the Council;

Legal Services Bill [HL]
Schedule 17 — Licensed conveyancing
Part 2 — Courts and Legal Services Act 1990 (c. 41)
324

(b)
the applicant.”
      (9)
Omit paragraph 11.
     (10)
In paragraph 12 (delegation of powers etc)—
(a)
in sub-paragraph (1) for “Subject” to “enactment, the” substitute
“The”,
5
(b)
in that sub-paragraph, for paragraph (b) substitute—
“(b)
by a sub-committee of such a committee; or
(c)
by an individual (whether or not a member of the
Council’s staff).”,
(c)
after that sub-paragraph insert—
10
   “(1A)
Where by virtue of sub-paragraph (1) any function may be
discharged by a committee, the committee may arrange for
the discharge of that function by—
(a)
a sub-committee of that committee; or
(b)
an individual, whether or not a member of the
15
Council’s staff.
     (1B)
Sub-paragraph (1A) is subject to any contrary direction
given by the Council.
     (1C)
Arrangements made under sub-paragraph (1) or (1A) in
respect of a function may provide that the function is to be
20
exercised in accordance with the arrangements only (and
not by the delegating body).
     (1D)
For this purpose “the delegating body” means—
(a)
in the case of arrangements under sub-paragraph
(1), the Council, and
25
(b)
in the case of arrangements under sub-paragraph
(1A), the committee.”,
(d)
for sub-paragraph (3) substitute—
    “(3)
Any power conferred by sub-paragraph (1), (1A) or (2)
may be exercised so as to impose restrictions or conditions
30
on the body or individual by whom the function is to be
discharged.”,
(e)
for sub-paragraphs (6) and (7) substitute—
    “(6)
A committee or sub-committee established under this
paragraph may include or consist of individuals other
35
than—
(a)
members of the Council;
(b)
licensed conveyancers.
      (7)
A sub-committee of a committee established under this
paragraph may also include or consist of individuals other
40
than members of the committee.
     (7A)
The Council may make arrangements for the appointment
and removal of members of any committee to be made
other than by the Council.
     (7B)
A committee or sub-committee may regulate its own
45
procedure, including quorum.”, and

Legal Services Bill [HL]
Schedule 18 — Immigration advice and immigration services
Part 1 — Qualifying regulators
325

(f)
after sub-paragraph (9) insert—
   “(10)
This paragraph is subject to any provision to the contrary
made by or under any enactment.”
     (11)
Omit paragraph 13 (Council’s intervention powers).
Schedule 18
5
Section 186

Immigration advice and immigration services
Part 1
Qualifying regulators
Designation orders
1
In this Part of this Schedule “designation order” means an order made under
10
section 86A(6) of the Immigration and Asylum Act 1999 (c. 33) (designated
qualifying regulators entitled to authorise persons to provide immigration
advice and immigration services).
Continuity of existing rights
2
Each of the following bodies is a qualifying regulator for the purposes of
15
Part 5 of the Immigration and Asylum Act 1999—
(a)
the Law Society;
(b)
the Institute of Legal Executives;
(c)
the General Council of the Bar.
Application to become a qualifying regulator
20
3     (1)
This paragraph applies where a body wishes to become a qualifying
regulator for the purposes of Part 5 of the Immigration and Asylum Act
1999.
      (2)
A body may apply to the Board for the Board—
(a)
to designate the body as a qualifying regulator for those purposes,
25
and
(b)
to approve what the applicant proposes as its regulatory
arrangements if a designation order is made (“the proposed
regulatory arrangements”).
      (3)
But a body may make an application under this paragraph only if—
30
(a)
it is an approved regulator (other than the Board), or
(b)
it has made an application under Part 2 of Schedule 4 (designation of
approved regulators).
      (4)
An application under this paragraph must be made in such form and
manner as the Board may specify in rules and must be accompanied by—
35
(a)
details of the applicant’s proposed regulatory arrangements,
(b)
such explanatory material as the applicant considers is likely to be
needed for the purposes of this Part of this Schedule, and

Legal Services Bill [HL]
Schedule 18 — Immigration advice and immigration services
Part 1 — Qualifying regulators
326

(c)
the prescribed fee.
      (5)
The prescribed fee is the fee prescribed in, or determined in accordance with,
rules made by the Board with the consent of the Lord Chancellor.
      (6)
An applicant may, at any time, withdraw the application by giving notice to
that effect to the Board.
5
Consultation and representations
4
Paragraphs 4 to 12 of Schedule 4 (consultation requirements etc in relation
to applications for designation as approved regulator) apply in relation to an
application under paragraph 3 as they apply in relation to an application
under paragraph 3 of that Schedule, but as if—
10
(a)
in paragraphs 6(2), 7(2), and 9(3) of that Schedule the references to
making an order under paragraph 17 in accordance with the
recommendation were references to making a designation order in
respect of the applicant, and
(b)
in paragraph 6(2) of that Schedule the reference to the market for
15
reserved legal services were a reference to the market for
immigration advice and immigration services.
Determination of application
5     (1)
The Board must make rules specifying how it will determine applications
under paragraph 3.
20
      (2)
Rules under sub-paragraph (1) must, in particular, provide that the Board
may grant an application only if it is satisfied—
(a)
that, if a designation order were to be made in relation to the
applicant, the applicant would have appropriate internal
governance arrangements in place at the time the order takes effect,
25
(b)
that, if such an order were made, the applicant would be competent
to perform the role of designated qualifying regulator (within the
meaning of section 86A of the Immigration and Asylum Act 1999
(c. 33)) at that time,
(c)
that the arrangements made by the applicant for authorising persons
30
to provide immigration advice or immigration services provide that
persons may not be so authorised unless they are persons who are
also authorised by the applicant to carry on activities which are
reserved legal activities,
(d)
that the applicant’s proposed regulatory arrangements make
35
appropriate provision, and
(e)
that the applicant’s proposed regulatory arrangements comply with
the requirements imposed by sections 112 and 145 (requirements
imposed in relation to the handling of complaints).
      (3)
The rules made for the purposes of sub-paragraph (2)(a) must in particular
40
require the Board to be satisfied—
(a)
that the exercise of the applicant’s regulatory functions would not be
prejudiced by any of its representative functions, and
(b)
that decisions relating to the exercise of its regulatory functions
would so far as reasonably practicable be taken independently from
45
decisions relating to the exercise of its representative functions.