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 21 — Minor and consequential amendments
361

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).”
Equality Act 2006 (c. 3)
152
In Schedule 2 to the Equality Act 2006 (representations to Commission in
5
relation to inquiry etc.), in paragraph 8—
(a)
in sub-paragraph (2)(b), for “a barrister, an advocate or a solicitor”
substitute “a relevant lawyer”, and
(b)
after sub-paragraph (2) insert—
   “(2A)
“Relevant lawyer” means—
10
(a)
an advocate or solicitor in Scotland, or
(b)
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
15
(within the meaning of that Act).”
Natural Environment and Rural Communities Act 2006 (c. 16)
153
In section 12(2) of the Natural Environment and Rural Communities Act
2006 (power to bring criminal proceedings) omit “even though he is not a
barrister or solicitor”.
20
National Health Service Act 2006 (c. 41)
154
In section 194(4) of the National Health Service Act 2006 (conduct of
proceedings under section 194) omit “, although he is not a barrister or
solicitor,”.
National Health Service (Wales) Act 2006 (c. 42)
25
155
In section 142(4) of the National Health Service (Wales) Act 2006 (conduct of
proceedings under section 142) omit “, although he is not a barrister or
solicitor,”.”
Companies Act 2006 (c. 46)
156
In Schedule 2 to the Companies Act 2006 (exceptions from restrictions on
30
disclosure), in paragraph 67—
(a)
for “solicitor, barrister, advocate” substitute “relevant lawyer”, and
(b)
for ““Foreign lawyer”” to the end substitute—

“In this paragraph—
“foreign lawyer” means a person (other than a
35
relevant lawyer) who is a foreign lawyer within the
meaning of section 89(9) of the Courts and Legal
Services Act 1990;
“relevant lawyer” means—
(a)
a person who, for the purposes of the Legal
40
Services Act 2007, is an authorised person
in relation to an activity which constitutes a

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
362

reserved legal activity (within the meaning
of that Act),
(b)
a solicitor or barrister in Northern Ireland,
or
(c)
a solicitor or advocate in Scotland.”
5
Income Tax Act 2007 (c. 3)
157
The Income Tax Act 2007 is amended in accordance with paragraphs 158 to
161.
158
In section 748 (power to obtain information)—
(a)
in subsection (4) for “solicitor” substitute “relevant lawyer”,
10
(b)
after that subsection insert—
“(4A)
In this section “relevant lawyer” means a barrister, 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
15
proceedings on grounds of confidentiality of
communication.”, and
(c)
in subsection (5) for “solicitors” substitute “relevant lawyers”.
159
In section 749 (restrictions on particulars to be provided by solicitors)—
(a)
in the heading for “solicitors” substitute “relevant lawyers”,
20
(b)
for “solicitor” (in each place) substitute “relevant lawyer”, and
(c)
for subsection (7) substitute—
“(7)
In this section—
“relevant lawyer” means a barrister, advocate, solicitor
or other legal representative communications with
25
whom may be the subject of a claim to professional
privilege or, in Scotland, protected from disclosure in
legal proceedings on grounds of confidentiality of
communication;
“settlement” and “settlor” have the meanings given by
30
section 620 of ITTOIA 2005.”
160
In section 771 (power to obtain information)—
(a)
in subsections (5) and (6) for “solicitor” (in each place) substitute
“relevant lawyer”, and
(b)
after subsection (6) insert—
35
“(7)
In this section “relevant lawyer” means a barrister, 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 grounds of confidentiality of
40
communication.”
161
In section 788 (power to obtain information)—
(a)
in subsections (5) and (6) for “solicitor” (in each place) substitute
“relevant lawyer”, and

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
363

(b)
after subsection (6) insert—
“(7)
In this section “relevant lawyer” means a barrister, 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
5
proceedings on grounds of confidentiality of
communication.”
Tribunals, Courts and Enforcement Act 2007 (c. )
162   (1)
Section 51 of the Tribunals, Courts and Enforcement Act 2007 (meaning of
“relevant qualification”) is amended as follows.
10
      (2)
In subsection (2), for from “awarded” to the end substitute “awarded by a
body which, for the purposes of the Legal Services Act 2007, is an approved
regulator in relation to the exercise of a right of audience or the conduct of
litigation (within the meaning of that Act).”
      (3)
In subsection (4)—
15
(a)
in paragraph (b), for “(2)(b)” substitute “(2)”,
(b)
in paragraph (c), for from “the body” to “of that Act” substitute “, for
the purposes of the Legal Services Act 2007, the body—
(i)
is not an approved regulator in relation to the
exercise of a right of audience (within the
20
meaning of that Act), and
(ii)
is not an approved regulator in relation to the
conduct of litigation (within the meaning of
that Act),”, and
(c)
for from “paragraph 33(1)” to the end substitute “section 46 of the
25
Legal Services Act 2007 (transitional etc. provision in consequence of
cancellation of designation as approved regulator).”
Schedule 22
Section 209

Transitional and transitory provision
Transitory power to modify the functions of bodies
30
1     (1)
Paragraphs 2 to 4 have effect until such time as the Board is first constituted
in accordance with paragraph 1 of Schedule 1.
      (2)
Where an order under paragraph 2 has effect immediately before that time,
it is to be treated from that time as if it were an order made by the Lord
Chancellor under section 69 (and in accordance with that section and section
35
70).
      (3)
Where that order is made by virtue of paragraph 4, the reference in sub-
paragraph (2) to section 69 is a reference to that section as modified by
section 180.
2     (1)
The Lord Chancellor may by order modify, or make any other provision
40
relating to, the functions of a designated regulator or any other body.
      (2)
For this purpose “designated regulator” means—

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
364

(a)
The Law Society;
(b)
The General Council of the Bar;
(c)
The Master of the Faculties;
(d)
The Institute of Legal Executives;
(e)
the Council for Licensed Conveyancers;
5
(f)
The Chartered Institute of Patent Attorneys;
(g)
The Institute of Trade Mark Attorneys;
(h)
The Association of Law Costs Draftsmen;
(i)
any other body which is a body to which sub-paragraph (3) applies.
      (3)
This sub-paragraph applies to—
10
(a)
a body designated as an authorised body for the purposes of section
27 or 28 of the Courts and Legal Services Act 1990 (c. 41) (rights of
audience and rights to conduct litigation);
(b)
a body approved under Schedule 9 to that Act (approval of body to
grant exemption from prohibition on preparation of probate papers
15
etc);
(c)
a body prescribed by regulations under section 113 of that Act
(administration of oaths and taking of affidavits).
      (4)
The Lord Chancellor may make an order under sub-paragraph (1) only if—
(a)
the body to which the order relates has made a recommendation
20
under this paragraph to which was annexed a draft order, and
(b)
the body to which the order relates consents to the order which is
made.
      (5)
The Lord Chancellor may make an order under this paragraph only for the
purpose of enabling the body to which it relates to do one or more of the
25
following—
(a)
to become a body within sub-paragraph (3);
(b)
to grant its members rights for the purposes of section 27 or 28 of the
Courts and Legal Services Act 1990, to exempt its members for the
purposes of section 55 of that Act or to authorise its members for the
30
purposes of section 113 of that Act;
(c)
if it is or becomes a designated regulator, to regulate its members
more effectively or efficiently;
(d)
if it is or becomes a designated regulator, to expand the categories of
persons who are eligible to be members of the body;
35
(e)
to do any of the things mentioned in paragraphs (a) to (e) of section
69(3) at a time after paragraph 1 of Schedule 4 comes into force.
      (6)
An order under this paragraph may make provision in relation to the body
to which the order relates, and members of that body, corresponding to the
provision which by virtue of subsection (4) or (5) of section 69 may be made
40
by an order under that section in relation to an approved regulator and
persons authorised by that regulator to carry on reserved legal activities or
to provide immigration advice or immigration services.
      (7)
Any provision made by an order under this paragraph may be expressed to
be conditional upon—
45
(a)
the coming into force of paragraph 1 of Schedule 4;
(b)
the body to which the order relates being designated by an order
under Part 2 of that Schedule as an approved regulator, or by an

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
365

order under Part 1 of Schedule 10 as a licensing authority, in relation
to one or more reserved legal activities specified in the order;
(c)
the body to which the order relates becoming a designated
qualifying regulator under section 86A of the Immigration and
Asylum Act 1999 (c. 33).
5
      (8)
An order under this paragraph may modify provisions made by or under
any enactment (including this Act or any Act passed after this Act),
prerogative instrument or other instrument or document.
      (9)
The powers to make an order conferred by this paragraph are without
prejudice to any powers (statutory or non-statutory) which a designated
10
regulator or other body may have apart from this section.
     (10)
In this paragraph “member” in relation to a body includes any person who
is not a member of the body but who may be subject to disciplinary sanctions
for failure to comply with any of its rules.
3     (1)
This paragraph applies where a body makes a recommendation under
15
paragraph 2.
      (2)
The Lord Chancellor must publish a document containing—
(a)
the recommendation, and
(b)
the draft order annexed to it.
      (3)
The document must be accompanied by a notice which states that
20
representations about it may be made to the Lord Chancellor within a
specified period.
      (4)
The Lord Chancellor must give a copy of the document to the Office of Fair
Trading and the Lord Chief Justice, and invite each of them to provide
advice on it within that period.
25
      (5)
The Lord Chancellor may give a copy of the document to the Legal Services
Consultative Panel or any other person, and invite them to provide advice
on it within that period.
      (6)
The Lord Chancellor must have regard to any representations and advice
duly given.
30
      (7)
If the order which the Lord Chancellor proposes to make differs from the
draft order published under sub-paragraph (2), the Lord Chancellor must,
before making the order, publish the revised draft order along with a
statement detailing the changes made and the reasons for those changes.
4
Paragraphs 2 and 3 apply in relation to the Solicitors Disciplinary Tribunal
35
as they apply in relation to a designated regulator, but as if in paragraph 2—
(a)
in sub-paragraph (4)(a) the reference to the body to which the order
relates were a reference to the Solicitors Disciplinary Tribunal or the
Law Society, and
(b)
for sub-paragraph (5) of that paragraph there were substituted—
40
    “(5)
The Lord Chancellor may make an order under this
paragraph only for the purpose of enabling the Solicitors
Disciplinary Tribunal to carry out its role more effectively
or efficiently.”, and
(c)
sub-paragraphs (6) and (7) of that paragraph were omitted.
45

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
366

Approved regulators
5     (1)
Sub-paragraph (2) applies where during the pre-commencement period—
(a)
an Order in Council is made designating a body as an authorised
body for the purposes of section 27 of the Courts and Legal Services
Act 1990 (c. 41) (rights of audience) and that body’s qualification
5
regulations and rules of conduct (within the meaning of that section)
have been approved for the purposes of that section,
(b)
an Order in Council is made designating a body as an authorised
body for the purposes of section 28 of that Act (right to conduct
litigation) and that body’s qualification regulations and rules of
10
conduct (within the meaning of that section) have been approved for
the purposes of that section,
(c)
an order is made under paragraph 4 of Schedule 9 to that Act
(approval of body to grant exemption from prohibition on
preparation of probate papers etc), or
15
(d)
regulations are made prescribing a body for the purposes of section
113 of that Act (administration of oaths and taking of affidavits).
      (2)
The Lord Chancellor may by order modify the Table in paragraph 1 of
Schedule 4 (existing regulators) so as—
(a)
to insert, in the first column, a reference to the body and, in the
20
second column, a reference to the relevant activities, or
(b)
if the body is already listed in the first column, to add a reference to
the relevant activities to the corresponding entry in the second
column.
      (3)
Sub-paragraph (4) applies where during the pre-commencement period—
25
(a)
an Order in Council is made revoking the designation of a body as
an authorised body for the purposes of section 27 of the Courts and
Legal Services Act 1990,
(b)
an Order in Council is made revoking the designation of a body as
an authorised body for the purposes of section 28 of that Act,
30
(c)
an order is made under paragraph 6 of Schedule 9 to that Act
revoking a body’s approval, or
(d)
regulations prescribing a body for the purposes of section 113 of that
Act are revoked.
      (4)
The Lord Chancellor may by order modify the Table in paragraph 1 of
35
Schedule 4 so as to—
(a)
remove any reference to the relevant activities from the entry in the
second column of that Table corresponding to the entry for the body
in the first column, and
(b)
if there are no other activities in that entry in the second column,
40
remove the reference to the body from the first column of that Table.
      (5)
An order under sub-paragraph (2) in relation to a body may—
(a)
in a case within sub-paragraph (1)(a) or (b), modify Part 1 of
Schedule 5 (authorised persons: continuity of rights) so as to ensure
the continuity of any authority given by the body to a person to
45
exercise rights of audience or, as the case may be, to conduct
litigation;
(b)
in a case within sub-paragraph (1)(c), modify Part 1 of that Schedule
(authorised persons: continuity of rights) to provide for exemptions

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
367

granted by a body by virtue of section 55 of the Courts and Legal
Services Act 1990 (persons exempt from prohibition on preparation
of probate papers etc) which have effect immediately before
paragraph 1 of Schedule 4 comes into force to be deemed to be
authorisations to carry on probate activities granted by that body at
5
the time that paragraph comes into force;
(c)
in a case within sub-paragraph (1)(d), modify Part 2 of Schedule 5, to
provide during the transitional period for members of the body to be
deemed to be authorised by the body to carry on the administration
of oaths.
10
      (6)
An order under sub-paragraph (4) in relation to a body may—
(a)
in a case within sub-paragraph (3)(a) or (b), modify Part 1 of
Schedule 5 (authorised persons: continuity of rights) so as to remove
provision made to ensure the continuity of any authority given by
the body to a person to exercise rights of audience or, as the case may
15
be, to conduct litigation;
(b)
in a case within sub-paragraph (3)(c), modify Part 1 of that Schedule
so as to remove any provision deeming persons to have been
authorised by the body to carry on probate activities;
(c)
in a case within sub-paragraph (3)(d), modify Part 2 of that Schedule
20
so as to remove any provision deeming persons to have been
authorised by the body to carry on the administration of oaths.
      (7)
No order under this paragraph may be made after the end of the pre-
commencement period.
      (8)
In this paragraph—
25
“pre-commencement period” means the period before the coming into
force of paragraph 1 of Schedule 4 (including any period before the
passing of this Act);
“relevant activities” means—
(a)
in a case within sub-paragraph (1)(a) or (3)(a), the exercise of
30
a right of audience;
(b)
in a case within sub-paragraph (1)(b) or (3)(b), the conduct of
litigation;
(c)
in a case within sub-paragraph (1)(c) or (3)(c), probate
activities;
35
(d)
in a case within sub-paragraph (1)(d) or (3)(d), the
administration of oaths;
“the transitional period” has the meaning given by paragraph 3 of
Schedule 5.
Licensed Conveyancers
40
6     (1)
In this paragraph the transitional period means the period which—
(a)
begins with the day on which paragraph 29 of Schedule 17 (which
amends Schedule 3 to the Administration of Justice Act 1985 (c. 61))
comes into force, and
(b)
ends with the day on which members of the new Council are first
45
appointed in accordance with a scheme approved by the Legal
Services Board under Schedule 3 to that Act (as amended by that
paragraph).