Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
347

70
In section 52 (powers to obtain information and documents etc)—
(a)
in subsection (8) for “barrister, solicitor or advocate” substitute
“relevant lawyer”, and
(b)
in subsection (13) after the definition of “approved” insert—
““relevant lawyer” means a barrister, advocate, solicitor
5
or other legal representative communications with
whom may be the subject of a claim to professional
privilege;”.
71
In section 67 (directors, etc, not to accept commission in connection with
loans), in subsection (7), in the definition of “solicitor” for “licensed
10
conveyancer” substitute “any person who, for the purposes of the Legal
Services Act 2007, is an authorised person in relation to an activity which
constitutes a reserved instrument activity (within the meaning of that Act)”.
72
In section 69 (disclosure and record of income of related businesses), in
subsection (17), in the definition of “solicitor” for “licensed conveyancer” to
15
the end substitute “any person who, for the purposes of the Legal Services
Act 2007, is an authorised person in relation to an activity which constitutes
a reserved instrument activity (within the meaning of that Act).”
Ministry of Defence Police Act 1987 (c. 4)
73
In section 4 of the Ministry of Defence Police Act 1987 (representation at
20
disciplinary proceedings)—
(a)
in subsection (2) for “either by counsel or by a solicitor” substitute
“by a relevant lawyer”,
(b)
in subsection (7) for “counsel or a solicitor” substitute “a relevant
lawyer”, and
25
(c)
after that subsection insert—
“(8)
In this section “relevant lawyer” means—
(a)
in relation to Scotland or Northern Ireland, counsel or
a solicitor, and
(b)
in relation to England and Wales, a person who, for
30
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).”
Income and Corporation Taxes Act 1988 (c. 1)
35
74
In the Income and Corporation Taxes Act 1988, in section 778 (power to
obtain information)—
(a)
in subsection (3) for “solicitor” substitute “relevant lawyer”, and
(b)
after that subsection insert—
“(4)
In subsection (3) “relevant lawyer” means a barrister,
40
advocate, solicitor or other legal representative
communications with whom may be the subject of a claim to
professional privilege or, in Scotland, protected from
disclosure in legal proceedings on the grounds of
confidentiality of communication.”
45

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
348

Copyright, Designs and Patents Act 1988 (c. 48)
75
The Copyright, Designs and Patents Act 1988 is amended in accordance with
paragraphs 76 to 80.
76
In section 276 (persons entitled to describe themselves as patent agents)—
(a)
in subsection (1) for “registered patent agent” substitute “registered
5
patent attorney”, and
(b)
in subsection (4) for “agent” (in the second place) substitute
“attorney”.
77
In section 280 (privilege for communications with patent agents)—
(a)
in subsection (1), after “to” (in the first place) insert “—
10
(a)
“,
(b)
at the end of that subsection insert “, and
(b)
documents, material or information relating to any
matter mentioned in paragraph (a).”,
(c)
for subsection (2) substitute—
15
“(2)
Where a patent attorney acts for a client in relation to a matter
mentioned in subsection (1), any communication, document,
material or information to which this section applies is
privileged from disclosure in like manner as if the patent
attorney had at all material times been acting as the client’s
20
solicitor.”,
(d)
in subsection (3)—
(i)
for “agent” (in each place) substitute “attorney”, and
(ii)
for “agents” substitute “attorneys”, and
(e)
omit subsection (4).
25
78
In section 281 (power of comptroller to refuse to deal with certain agents) in
subsection (2) for “agents” (in both places) substitute “attorneys”.
79
In section 286 (interpretation)—
(a)
for “agent”” substitute “attorney””, and
(b)
for “(1)” substitute “(2)”.
30
80
Omit section 292 (rights and duties of registered patent agents in relation to
proceedings in patent county courts).
Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)
81
In section 1 of the Law of Property (Miscellaneous Provisions) Act 1989
(deeds and their execution)—
35
(a)
in subsection (5) for “a solicitor” (in the first place) to “conveyancer”
(in the second place) substitute “a relevant lawyer, or an agent or
employee of a relevant lawyer”, and
(b)
in subsection (6) for the definition of “duly certificated notary public”
substitute—
40
““relevant lawyer” means a person who, for the
purposes of the Legal Services Act 2007, is an
authorised person in relation to an activity which
constitutes a reserved instrument activity (within the
meaning of that Act).”
45

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
349

Companies Act 1989 (c. 40)
82
In section 87 of the Companies Act 1989 (exceptions from restrictions on
disclosure)—
(a)
in subsection (2), in paragraph (c)(i), for “solicitor” substitute
“relevant lawyer”, and
5
(b)
after that subsection insert—
“(2A)
In subsection (2)(c)(i) “relevant lawyer” means—
(a)
a person who, for the purposes of the Legal Services
Act 2007, is an authorised person in relation to an
activity which constitutes a reserved legal activity
10
(within the meaning of that Act),
(b)
a solicitor or barrister in Northern Ireland, or
(c)
a solicitor or advocate in Scotland.”
Courts and Legal Services Act 1990 (c. 41)
83
The Courts and Legal Services Act 1990 is amended in accordance with
15
paragraphs 84 to 101.
84
Omit the following provisions—
(a)
section 17 (the statutory objective and the general principle);
(b)
section 18 (the statutory duty);
(c)
section 18A (the Consultative Panel);
20
(d)
section 27 (rights of audience);
(e)
section 28 (rights to conduct litigation);
(f)
section 29 (authorised bodies);
(g)
section 31 (barristers and solicitors: rights of audience and rights to
conduct litigation);
25
(h)
section 31A (employed advocates).
85
In section 31B (advocates and litigators employed by Legal Services
Commission)—
(a)
for subsection (1) substitute—
“(1)
This section applies where a person—
30
(a)
is authorised by a relevant approved regulator (“the
regulator”) to carry on an activity which constitutes
the exercise of a right of audience or the conduct of
litigation, and
(b)
is employed by the Legal Services Commission, or by
35
any body established and maintained by that
Commission.
(1A)
Any rules of the regulator which fall within subsection (2)
shall not have effect in relation to that person.”,
(b)
in subsection (2)—
40
(i)
for “body” (in each place) substitute “regulator”, and
(ii)
for “rules of conduct” substitute “conduct rules”,
(c)
in subsection (3) for “body” substitute “regulator”, and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
350

(d)
after subsection (3) insert—
“(4)
For the purposes of this section “relevant approved
regulator” is to be construed in accordance with section 20(3)
of the Legal Services Act 2007.”
86
In section 31C (change of authorised body)—
5
(a)
for subsection (1) substitute—
“(1)
Where a person—
(a)
has at any time been authorised by a relevant
approved regulator to exercise a right of audience
before a court in relation to proceedings of a
10
particular description, and
(b)
becomes authorised by another relevant approved
regulator to exercise a right of audience before that
court in relation to that description of proceedings,

any qualification regulations of the relevant approved
15
regulator mentioned in paragraph (b) which relate to that
right are not to have effect in relation to the person.”,
(b)
in subsection (2) for “the body” substitute “the relevant approved
regulator”,
(c)
in subsection (3) for “body” (in each place) substitute “relevant
20
approved regulator”, and
(d)
after that subsection insert—
“(4)
In this section “relevant approved regulator” is to be
construed in accordance with section 20(3) of the Legal
Services Act 2007.”
25
87
Omit sections 34 to 52 (extension of conveyancing services).
88
Omit sections 54 and 55 (preparation of probate papers etc).
89
In section 60 (regulation of right of Scottish and Northern Ireland lawyers to
practise in England and Wales)—
(a)
in subsection (1) for “Secretary of State” substitute “Lord
30
Chancellor”,
(b)
in subsection (2) for “Secretary of State” substitute “Lord
Chancellor”,
(c)
after subsection (2) insert—
“(2A)
Regulations may be made under this section only if—
35
(a)
the Legal Services Board has made a recommendation
under section 60A,
(b)
draft regulations were annexed to the
recommendation, and
(c)
the regulations are in the same form as, or a form not
40
materially different from, the draft regulations.”, and
(d)
in subsection (4) for “Secretary of State” substitute “Lord
Chancellor”.

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
351

90
After that section insert—
“60A
Procedural requirements relating to recommendations for the
purposes of section 60
(1)
Before making a recommendation under this section, the Legal
Services Board must publish a draft of—
5
(a)
the proposed recommendation, and
(b)
the proposed draft regulations.
(2)
The draft must be accompanied by a notice which states that
representations about the proposals may be made to the Board
within a specified period.
10
(3)
Before making the recommendation, the Board must have regard to
any representations duly made.
(4)
If the draft regulations to be annexed to the recommendation differ
from the draft regulations published under subsection (1)(b) in a way
which is, in the opinion of the Board, material, the Board must,
15
before making the recommendation, publish the draft
recommendations along with a statement detailing the changes
made and the reasons for the changes.”
91
Omit section 63 (legal professional privilege).
92
Omit section 69 (exemption from liability for damages etc).
20
93
Omit section 70 (offences).
94
In section 71 (qualification for judicial and certain other appointments)—
(a)
in subsection (4) for “granted by an authorised body” substitute
“exercisable by virtue of an authorisation given by a relevant
approved regulator”,
25
(b)
in subsection (6) for “the authorised body concerned” substitute “the
relevant approved regulator”, and
(c)
after that subsection insert—
“(6A)
In this section “relevant approved regulator” is to be
construed in accordance with section 20(3) of the Legal
30
Services Act 2007.”
95
In section 75 (judges etc barred from legal practice), after paragraph (b)
insert—
“(ba)
carry on any notarial activities (within the meaning of the
Legal Services Act 2007);”.
35
96
Omit section 113 (administration of oaths and taking of affidavits).
97    (1)
Section 119 (interpretation) is amended as follows.
      (2)
In subsection (1) omit the following definitions—
“authorised advocate”
“authorised body” and “appropriate authorised body”
40
“authorised litigator”
“authorised practitioner”
“Consultative Panel”
“duly certificated notary public”

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
352

“the general principle”
“qualified person”
“the statutory objective”.
      (3)
In that subsection, for the definition of “court” substitute—
““court” has the same meaning as in the Legal Services Act 2007
5
(see section 207 of that Act);”.
      (4)
In that subsection, for the definition of “qualification regulations” and “rules
of conduct” substitute—
““qualification regulations” and “conduct rules”, in relation to a
body, have the same meaning as in the Legal Services Act
10
2007 (see section 21 of that Act);”.
      (5)
In that subsection, in the definition of “right to conduct litigation”—
(a)
in paragraph (a) after “court” insert “in England and Wales”,
(b)
for “and” at the end of that paragraph substitute—
“(aa)
to commence, prosecute and defend such
15
proceedings; and”.
      (6)
In subsection (3) for from “(including” to the end substitute “to conduct rules
includes a reference to practice rules (within the meaning of the Legal
Services Act 2007 (see section 21 of that Act)).”
98
In section 120 (regulations and orders) omit—
20
(a)
in subsection (4) —
(i)
“26(1), 37(10), 40(1)”, and
(ii)
from “paragraph 24” to “Schedule 9”, and
(b)
subsection (5).
99
In section 125 (power to make provision consequential on provision made
25
by Part 2 of Administration of Justice Act 1985 etc)—
(a)
in subsection (4) for “Secretary of State” substitute “Lord
Chancellor”, and
(b)
for subsection (5) substitute—
“(5)
In subsection (4)—
30
(a)
“relevant enactments” means such enactments or
instruments passed or made before or in the same
Session as the Legal Services Act 2007 was passed as
may be specified in the order, and
(b)
the reference to Part 2 is a reference to that Part as
35
amended by that Act or any enactment or instruments
passed or made before or in the same Session as that
Act was passed.”
100
Omit the following provisions—
(a)
Schedule 4 (authorised bodies);
40
(b)
Schedule 5 (the Authorised Conveyancing Practitioners Board);
(c)
Schedule 6 (the Conveyancing Appeals Tribunals);
(d)
Schedule 7 (the Conveyancing Ombudsman Scheme);
(e)
in Part 2 of Schedule 8 (amendments of provisions relating to powers
of Conveyancing Licensing Council etc), paragraphs 14 to 20 and
45
21(1)(b);

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
353

(f)
Schedule 9 (probate).
101
In paragraph 17 of Schedule 19 (revocation of appointment under section
1(1) of the Commissioners for Oaths Act 1889) for “Secretary of State”
substitute “Lord Chancellor”.
Environmental Protection Act 1990 (c. 43)
5
102
In section 114 (appointment etc of inspectors), in subsection (4) omit “,
although not of counsel or a solicitor,”.
Friendly Societies Act 1992 (c. 40)
103
In section 62 of the Friendly Societies Act 1992 (powers to obtain information
and documents etc)—
10
(a)
in subsection (7), for paragraphs (a) and (b) substitute—
“(a)
by a relevant lawyer of a document or material
contained in a privileged communication or, in
Scotland, a communication which is protected from
disclosure on the ground of confidentiality, made by
15
or to the relevant lawyer in that capacity or the
furnishing of information contained in such
communication so made;”, and
(b)
in subsection (12), at the end insert “; and
“relevant lawyer” means a barrister, advocate, solicitor
20
or other legal representative communications with
whom may be the subject of a claim to professional
privilege or, in Scotland, be protected from disclosure
in legal proceedings on grounds of confidentiality of
communication.”
25
Trade Union and Labour Relations Consolidation Act 1992 (c.52)
104
The Trade Union and Labour Relations Consolidation Act 1992 is amended
in accordance with paragraphs 105 to 107.
105
In section 194 (offence of failure to notify), in subsection (2) omit “, although
not of counsel or a solicitor,”.
30
106
In section 216 (constitution and proceedings of court of inquiry)—
(a)
in subsection (6) for “counsel or solicitor” (in both places) substitute
“a relevant lawyer”, and
(b)
after subsection (6) insert—
“(7)
In subsection (6) “relevant lawyer” means—
35
(a)
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 or the conduct of litigation within the
meaning of that Act, or
40
(b)
an advocate or solicitor in Scotland.”
107
In section 288 (restriction on contracting out), in subsection (4B)(a) for “a
barrister” (in the first place) to the end substitute “a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in relation