Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 19 — Claims management services
333

Schedule 19
Section 187

Claims management services
1
The Compensation Act 2006 (c. 29) is amended in accordance with this
Schedule.
2     (1)
Section 4 (provision of regulated claims management services) is amended
5
as follows.
      (2)
After subsection (2) insert—
“(2A)
The Secretary of State may not make an order under subsection (2)(e)
unless—
(a)
it is made in accordance with a recommendation made by the
10
Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the order.”
3     (1)
Section 5 (the Regulator) is amended as follows.
      (2)
After subsection (1) insert—
15
“(1A)
The Secretary of State may designate a person only on the
recommendation of the Legal Services Board.”
      (3)
In subsection (2) for “The Secretary of State may designate a person”
substitute “The Legal Services Board may recommend a person for
designation”.
20
      (4)
Omit subsection (3).
      (5)
In subsection (4)—
(a)
in paragraphs (a), (b), (d) and (e) for “Secretary of State” substitute
“Legal Services Board”, and
(b)
omit paragraph (c).
25
      (6)
In subsection (8) after “may” insert “, on the recommendation of the Legal
Services Board,”.
      (7)
In subsection (9) for “Secretary of State” substitute “Legal Services Board”.
      (8)
In subsection (10)—
(a)
after “may” insert “, on the recommendation of the Legal Services
30
Board,”, and
(b)
for “Secretary of State” (in the second place) substitute “Legal
Services Board”.
      (9)
After that subsection insert—
“(11)
In discharging any function by virtue of subsection (9) or (10), the
35
Legal Services Board must take such steps as are necessary to ensure
an appropriate financial and organisational separation between the
activities of the Board that relate to the carrying out of those
functions and the other activities of the Board.”

Legal Services Bill [HL]
Schedule 19 — Claims management services
334

4
In section 6 (exemptions) after subsection (3) insert—
“(3A)
The Secretary of State may not make an order under subsection (1) or
(2) unless—
(a)
it is made in accordance with a recommendation made by the
Legal Services Board, or
5
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the order.”
5     (1)
Section 7 (enforcement: offence) is amended as follows.
      (2)
In subsection (2)(b)—
(a)
in sub-paragraph (i) for “51 weeks” substitute “12 months”, and
10
(b)
in sub-paragraph (ii) for “level 5 on the standard scale” substitute
“the statutory maximum”.
      (3)
For subsection (3) substitute—
“(3)
In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 the reference in
15
subsection (2)(b)(i) to 12 months is to be read as a reference to 6
months.”
6     (1)
Section 8 (enforcement: the Regulator) is amended as follows.
      (2)
In subsection (5)—
(a)
after “the Regulator” (in the second place) insert “—
20
(a)
”, and
(b)
after “Part” insert “, and
(b)
to take possession of any written or electronic records
found on the search for the purposes of subsection
(6).”
25
      (3)
After subsection (8) insert—
“(9)
The Secretary of State may not make regulations under subsection (8)
unless—
(a)
they are made in accordance with a recommendation made
by the Legal Services Board, or
30
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the regulations.”
7
In section 9 (regulations), after subsection (2) insert—
“(2A)
The Secretary of State may not make regulations under this section
unless—
35
(a)
they are made in accordance with a recommendation made
by the Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the regulations.”
8     (1)
Section 11 (pretending to be authorised etc) is amended as follows.
40
      (2)
In subsection (4)(b)—
(a)
in sub-paragraph (i) for “51 weeks” substitute “12 months”, and
(b)
in sub-paragraph (ii) for “level 5 on the standard scale” substitute
“the statutory maximum”.

Legal Services Bill [HL]
Schedule 20 — Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007
335

      (3)
For subsection (6) substitute—
“(6)
In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 the reference in
subsection (4)(b)(i) to 12 months is to be read as a reference to 6
months.”
5
9
In section 13 (appeals and references to Claims Management Services
Tribunal), in subsection (4) for “against” substitute “on a point of law arising
from”.
10
In section 14 (interpretation), in the definition of “the Regulator” for
“Secretary of State” substitute “Legal Services Board”.
10
11    (1)
The Schedule (claims management regulations) is amended as follows.
      (2)
In paragraph 5(3)(a) for “, guidance or a code given or issued” substitute “or
guidance given”.
      (3)
In paragraph 7—
(a)
in paragraph (e) for “Secretary of State” substitute “Legal Services
15
Board”,
(b)
in paragraph (g)—
(i)
for “Secretary of State” substitute “Legal Services Board”, and
(ii)
after “Fund” insert “after consultation with the Secretary of
State”.
20
      (4)
In paragraph 8(2)(a)(ii) for “Secretary of State” substitute “Legal Services
Board”.
      (5)
In paragraph 9(2)(a)(ii) for “Secretary of State” substitute “Legal Services
Board”.
      (6)
In paragraph 14, in sub-paragraph (2) for “to enter” to the end substitute—
25
“(a)
to enter and search premises on which a person conducts
or is alleged to conduct regulated claims management
business, for the purposes of—
(i)
investigating a complaint about the activities of an
authorised person, or
30
(ii)
assessing compliance with terms and conditions of
an authorisation, and
(b)
to take possession of written or electronic records found on
the search for the purposes of taking copies in accordance
with regulations under sub-paragraph (3).”
35
Schedule 20
Section 195

Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act
2007
Solicitors (Scotland) Act 1980 (c. 46)
1     (1)
The Solicitors (Scotland) Act 1980 is amended as follows.
40
      (2)
In section 3A(5), omit paragraphs (a) and (ad).

Legal Services Bill [HL]
Schedule 20 — Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007
336

      (3)
In section 15(2)—
(a)
in paragraph (e), for “38” substitute “62A”, and
(b)
omit paragraph (j).
      (4)
In section 20(2), omit “, 53A(2)(ba)”.
      (5)
In section 24C(2)—
5
(a)
in paragraph (d), for “38” substitute “62A”, and
(b)
omit paragraph (i).
      (6)
In section 34, omit subsections (4), (4C) and (4D).
      (7)
Omit sections 38, 39, 42A and 42B.
      (8)
In section 42C—
10
(a)
in subsection (1)—
(i)
omit paragraphs (a) and (c),
(ii)
omit “to the solicitor or his firm or”, and
(iii)
omit “or, where” to the end,
(b)
in subsection (2), in paragraphs (a) and (b) omit (in each place)
15
“solicitor, firm or”,
(c)
in subsection (3)—
(i)
in paragraph (a), omit “the solicitor or his firm or, as the case
may be,”,
(ii)
in paragraph (b), omit “of which the solicitor” to “be,”,
20
(d)
in subsection (4), omit (in each place) “38,”, and
(e)
omit subsection (5).
      (9)
In section 51—
(a)
in subsection (2)—
(i)
omit “a solicitor may have been guilty” to “Fund) or”, and
25
(ii)
omit “or a solicitor” to “services”, and
(b)
omit subsection (2A).
     (10)
In section 52, in subsection (2)(aa) omit “42A(7) or”.
     (11)
In section 53, omit subsections (3), (10) and (11).
     (12)
Omit sections 53A, 53B and 53C.
30
     (13)
In section 54, omit subsections (1), (2B) and (2C).
     (14)
In section 55, omit subsection (8).
     (15)
Omit section 56A.
     (16)
In section 62A, in subsections (1) and (2) omit (in each place) “38,”.
     (17)
In section 65—
35
(a)
in subsection (1), omit the definition of “inadequate professional
services”, and
(b)
omit subsection (5).
     (18)
In Part 2 of Schedule 3, in paragraph 5(1), (2) and (3) omit (in each place)
“38,”.
40
     (19)
In Part 2 of Schedule 4—

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
337

(a)
in paragraph 9(a) and (b), omit (in each place) “or, as the case may be,
of provision of inadequate professional services”,
(b)
in paragraph 16, omit sub-paragraphs (f) and (g), and
(c)
in paragraph 23, omit “, 42A(7)”.
     (20)
In the side-note to section 62A, omit “38,”.
5
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
2
In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit
section 33.
Schedule 21
Section 208

Minor and consequential amendments
10
Public Notaries Act 1801 (c. 79)
1
The Public Notaries Act 1801 is amended in accordance with paragraphs 2
and 3.
2
In section 1 (no person to be created to act as public notary, to do any notarial
act etc unless duly admitted), omit “, or use and exercise the office of a
15
notary, or do any notarial act,”.
3
In section 14 (Act not to extend to certain persons), omit from “proctor” to
“any other”.
Public Notaries Act 1843 (c. 90)
4
The Public Notaries Act 1843 is amended in accordance with paragraphs 5
20
to 7.
5
After section 7 insert—
“7A
Effect of admission or grant of faculty
(1)
Despite any provision made by the Public Notaries Acts, a person’s
entitlement to carry on an activity which is a notarial activity is to be
25
determined in accordance with the Legal Services Act 2007.
(2)
Nothing in the Public Notaries Acts is to be regarded, for the
purposes of paragraph 5(2) of Schedule 3 to the Legal Services Act
2007 (exempt persons in relation to notarial activities) as authorising
a person to carry on such an activity.
30
(3)
For this purpose—
“the Public Notaries Acts” means this Act and the Public
Notaries Act 1801;
“exempt person” and “notarial activity” have the same meaning
as in the Legal Services Act 2007.”
35
6
In section 8 (Master of Faculties may issue commissions to take oaths)—
(a)
the existing provision becomes subsection (1), and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
338

(b)
after that subsection insert—
“(2)
For the purposes of the Legal Services Act 2007, the issue of a
commission under subsection (1) is to be treated as an
authorisation to carry on the relevant activities by virtue of
another enactment (see paragraph 6(2) of Schedule 3 to that
5
Act).
(3)
In subsection (2), “relevant activities” means the activities
authorised by the commission.”
7
Omit section 10 (offence of practising as notary without authorisation).
Bills of Exchange Act 1882 (c. 61)
10
8
The Bills of Exchange Act 1882 is amended in accordance with paragraphs 9
and 10.
9
In section 51 (noting or protest of bill), after subsection (7) insert—
“(7A)
In subsection (7) “notary” includes a person who, for the
purposes of the Legal Services Act 2007, is an authorised
15
person in relation to any activity which constitutes a notarial
activity (within the meaning of that Act).”
10
In section 94 (protest when notary not accessible)—
(a)
the existing provision becomes subsection (1), and
(b)
after that subsection insert—
20
“(2)
In subsection (1), “notary” includes a person who, for the
purposes of the Legal Services Act 2007, is an authorised
person in relation to any activity which constitutes a notarial
activity (within the meaning of that Act).”
Commissioners for Oaths Act 1889 (c. 10)
25
11
The Commissioners for Oaths Act 1889 is amended in accordance with
paragraphs 12 and 13.
12
In section 1(3) (powers of commissioners for oaths) omit from “in which” (in
the first place) to “solicitor, or”.
13
In section 6 (powers as to oaths and notarial acts abroad), after subsection (1)
30
insert—
“(1A)
In subsection (1), “notary public” includes a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in
relation to any activity which constitutes a notarial activity (within
the meaning of that Act).”
35
Benefices Act 1898 (c. 48)
14
In section 3 of the Benefices Act 1898 (appeal against refusal of benefice)—
(a)
in subsection (2) for “counsel or a solicitor” substitute “an authorised
person”, and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
339

(b)
after that subsection insert—
“(2A)
In subsection (2) “authorised person” means a person who,
for the purposes of the Legal Services Act 2007, is an
authorised person in relation to an activity which constitutes
the exercise a right of audience (within the meaning of that
5
Act).”
Children and Young Persons Act 1933 (c. 12)
15
The Children and Young Persons Act 1933 is amended in accordance with
paragraphs 16 to 20.
16
In section 37(1) (power to clear court while child or young person giving
10
evidence), for “counsel or solicitors” substitute “legal representatives”.
17
In section 43 (admission of deposition in evidence), for “counsel or solicitor”
substitute “legal representative”.
18
In section 47(2)(b) (procedure in youth courts), for “solicitors and counsel”
substitute “legal representatives”.
15
19
In section 49(11) (restrictions on reports of proceedings), omit the definition
of “legal representative”.
20
In section 107 (interpretation), after the definition of “legal guardian”
insert—
““legal representative” means a person who, for the purposes of
20
the Legal Services Act 2007, is an authorised person in
relation to an activity which constitutes the exercise of a right
of audience or the conduct of litigation (within the meaning
of that Act);”.
London Building Acts (Amendment) Act 1939 (c. xcvii)
25
21
In section 115 of the London Building Acts (Amendment) Act 1939
(jurisdiction of tribunal of appeal)—
(a)
in subsection (2), for “counsel solicitor” substitute “an authorised
person”, and
(b)
after that subsection insert—
30
“(2A)
In subsection (2) “authorised person” means a person who,
for the purposes of the Legal Services Act 2007, is an
authorised person in relation to an activity which constitutes
the exercise of a right of audience (within the meaning of that
Act).”
35
Accommodation Agencies Act 1953 (c. 23)
22
In section 1 of the Accommodation Agencies Act 1953 (illegal commissions
and advertisements)—
(a)
in subsection (3), after “solicitor” insert “or an authorised person”,
and
40
(b)
in subsection (6), after “say:—” insert—
““authorised person” means a person (other than a
solicitor) who, for the purposes of the Legal Services