Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
368

      (2)
During the transitional period, the Council for Licensed Conveyancers is to
be constituted in accordance with Schedule 3 to that Act as it had effect
immediately before paragraph 29 of Schedule 17 came into force.
      (3)
The term of office of persons who are members of the Council for Licensed
Conveyancers by virtue of sub-paragraph (2) immediately before the end of
5
the transitional period ends at the same time as the transitional period.
7     (1)
This paragraph applies to any licence issued by the Council for Licensed
Conveyancers under section 15 of the Administration of Justice Act 1985
(c. 61) which—
(a)
is endorsed under section 15(7) of that Act, and
10
(b)
is in force when paragraph 4(4) of Schedule 17 (which repeals
subsections (7) and (8) of section 15 of that Act (endorsement of
licences)) comes into force.
      (2)
Notwithstanding the repeal of those subsections, until the licence expires—
(a)
the licence continues to have effect in accordance with the
15
endorsement, and
(b)
rules made under section 15(8) of that Act continue to have effect in
relation to the licence.
8
Until the repeal of paragraphs 17 and 19 of Schedule 8 to the Courts and
Legal Services Act 1990 (c. 41) by Schedule 23 to this Act comes into force,
20
those paragraphs have effect as if—
(a)
in paragraph 17 (inadequate professional services: failure to comply
with direction), after sub-paragraph (2) there were inserted—
    “(3)
In relation to proceedings before the Discipline and
Appeals Committee in respect of such a complaint, the
25
Committee may make such order as they consider fit as to
the payment of costs by—
(a)
the Council;
(b)
the licensed conveyancer against whom the
complaint was made;
30
(c)
if the person on whose complaint the proceedings
were brought was heard (in person, or through a
representative) by the Committee in the course of
the proceedings, that person.”, and
(b)
paragraph 19(b) (inadequate professional services: costs) were
35
omitted.”
Exercise of Board’s functions pending appointment of Chief Executive
9     (1)
Until the first Chief Executive of the Board is appointed under paragraph 13
of Schedule 1, the Board’s functions under—
(a)
Schedule 1,
40
(b)
Schedule 15, and
(c)
paragraph 10(8) of this Schedule,

may be exercised by the ordinary members of the Board.
      (2)
For that purpose “ordinary member” has the same meaning as in Schedule 1.

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
369

Interim Chief Executive of the OLC
10    (1)
The Lord Chancellor may appoint a person as the Interim Chief Executive of
the OLC.
      (2)
The Interim Chief Executive is to be—
(a)
appointed on terms and conditions determined by the Lord
5
Chancellor, and
(b)
paid by the Lord Chancellor in accordance with provision made by
or under the terms of appointment.
      (3)
Appointment as the Interim Chief Executive does not confer the status of
Crown servant.
10
      (4)
In this paragraph—
“the first interim period” means the period which—
(a)
begins when sub-paragraph (5) comes into force, and
(b)
ends when the chairman of the Board, and at least 7 other
ordinary members of the Board (within the meaning of
15
Schedule 1), have been appointed in accordance with
paragraph 1 of Schedule 1;
“the second interim period” means the period which—
(a)
begins when the chairman of the Board, and at least 7 other
ordinary members of the Board (within the meaning of
20
Schedule 1), have been appointed in accordance with
paragraph 1 of Schedule 1, and
(b)
ends when the membership of the OLC is first constituted in
accordance with paragraph 1 of Schedule 15.
      (5)
The Interim Chief Executive may incur expenditure and do other things in
25
the name of and on behalf of the OLC—
(a)
from the beginning of the first interim period, and
(b)
after that time until the OLC determines otherwise.
      (6)
The things which may be done under sub-paragraph (5)—
(a)
include the appointment of staff under paragraph 13 of Schedule 15
30
and making arrangements for assistance under paragraph 18 of that
Schedule, but
(b)
do not include the appointment of an ombudsman under section 122
or the making of scheme rules.
      (7)
During the first interim period, the Interim Chief Executive must comply
35
with any supervisory directions given by the Lord Chancellor.
      (8)
During the second interim period, the Interim Chief Executive must comply
with any supervisory directions given by the Board.
      (9)
The supervisory directions are—
(a)
a direction requiring the Interim Chief Executive to provide the
40
person giving the direction with a report on, or information relating
to, such matters as are specified in the direction;
(b)
a direction requiring the Interim Chief Executive to obtain the
approval of the person giving the direction before incurring
expenditure in such circumstances as are specified in the direction;
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Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
370

(c)
any other direction relating to the exercise of the Interim Chief
Executive’s functions which the person giving the direction
considers appropriate.
     (10)
Paragraph 34 of Schedule 15 (exemption from liability in damages) applies
to the Interim Chief Executive as it applies to a member of the OLC.
5
Solicitors
11    (1)
Until such time as section 59(1) of the Constitutional Reform Act 2005 (c. 4)
comes into force, the reference in section 207(1), in the definition of
“solicitor”, to the Senior Courts is to be read as a reference to the Supreme
Court.
10
      (2)
Until such time as section 59(2) of that Act (renaming of Supreme Court of
Judicature of Northern Ireland as Court of Judicature of Northern Ireland)
comes into force, the references in sections 8(5) and 190(5)(e), paragraph
2(4)(f) of Schedule 1, paragraphs 1(9) and 2(5) of Schedule 3 and paragraph
2(3)(e) of Schedule 15 to the Court of Judicature of Northern Ireland are to
15
be read as references to the Supreme Court of Judicature of Northern
Ireland.
Solicitors Act 1974 (c. 47)
12    (1)
During the transitional period, the reference to an authorised person in
section 1A(d) of the Solicitors Act 1974 (practising certificates: employed
20
solicitors) is to be read as a reference to a person listed in paragraph 15(1),
other than a person listed in paragraph (b) or (c) of that paragraph.
      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which section 1A(d) of the Solicitors Act 1974
(as inserted by Schedule 16) comes into force, and
25
(b)
ends with the day appointed for the coming into force of section 13
(entitlement to carry on a reserved legal activity).
13    (1)
During the transitional period, section 44B of the Solicitors Act 1974
(provision of information and documents by solicitors etc) has effect as if the
list of persons in subsection (2) of that section included a legal partnership
30
(within the meaning of paragraph 7 of Schedule 5).
      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which section 44B of the Solicitors Act 1974
(as substituted by Schedule 16) comes into force, and
(b)
ends with the day appointed for the coming into force of section 13
35
(entitlement to carry on a reserved legal activity).
14    (1)
During the transitional period, section 69 of the Solicitors Act 1974 (action to
recover solicitor’s costs) has effect as if—
(a)
after subsection (2A)(a) of that section there were inserted—
“(aa)
in a case where the costs are due to a firm, signed by
40
a partner of the firm, either in his own name or in the
name of the firm, or on his behalf by any employee of
the firm authorised by him to sign, or”, and
(b)
in subsection (2A)(b), after “paragraph (a)” there were inserted “or
(aa)”.
45

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
371

      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which subsections (2) to (2F) of that section
(as substituted by Schedule 16) come into force, and
(b)
ends with the day appointed for the coming into force of section 13
(entitlement to carry on a reserved legal activity).
5
      (3)
This paragraph does not apply in relation to section 69 of the Solicitors Act
1974 as it has effect by virtue of paragraph 29 of Schedule 2 to the
Administration of Justice Act 1985.
Recognised bodies
15    (1)
During the transitional period, any reference in sections 9, 9A, 32 or 32A of,
10
or Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61)
(recognition of legal services bodies and conveyancing services bodies) to an
authorised person is to be read as a reference to—
(a)
a person who has in force a certificate issued by the General Council
of the Bar authorising the person to practise as a barrister,
15
(b)
a person who is qualified under section 1 of the Solicitors Act 1974
(c. 47) to act as a solicitor,
(c)
a recognised body under section 9 of the Administration of Justice
Act 1985,
(d)
a registered European lawyer (within the meaning of the European
20
Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119)),
(e)
a person who has in force a certificate issued by the Institute of Legal
Executives authorising the person to practise as a legal executive,
(f)
licensed conveyancers (within the meaning of section 11(2) of the
Administration of Justice Act 1985),
25
(g)
a recognised body under section 32 of that Act (other than a
licensable body),
(h)
a duly certificated notary (within the meaning of paragraph 12(4) of
Schedule 5),
(i)
a person who, by virtue of paragraph 13 of Schedule 5, is an exempt
30
person in relation to the carrying on of an activity which is a notarial
activity,
(j)
a registered patent attorney within the meaning given by section
275(1) of the Copyright, Designs and Patents Act 1988 (c. 48),
(k)
a patent attorney body (within the meaning of paragraph 14(7) of
35
Schedule 5), other than a licensable body,
(l)
a registered trade mark attorney within the meaning of the Trade
Marks Act 1994 (c. 26),
(m)
a trade mark attorney body (within the meaning of paragraph 16(7)
of Schedule 5), other than a licensable body,
40
(n)
an authorised member of the Association of Law Costs Draftsmen
(within the meaning of paragraph 17(2) of Schedule 5), or
(o)
a person who, by virtue of paragraph 18 of Schedule 5, is an exempt
person in relation to the carrying on of an activity which is a reserved
legal activity within sub-paragraph (2) of that paragraph.
45
      (2)
For this purpose “the transitional period” means the period which—
(a)
begins with the day on which sections 9, 9A, 32 and 32A of the
Administration of Justice Act 1985 (as amended and substituted by
Schedules 16 and 17) come into force, and

Legal Services Bill [HL]
Schedule 22 — Transitional and transitory provision
372

(b)
ends with the day appointed for the coming into force of section 13
(entitlement to carry on a reserved legal activity).
Functions transferred to the Lord Chancellor
16    (1)
This paragraph applies where, by virtue of an amendment made to an
enactment by this Act, a function of the Secretary of State is transferred to the
5
Lord Chancellor.
      (2)
In this paragraph such a function is referred to as a “transferred function”.
      (3)
Any subordinate legislation made by the Secretary of State in exercise of a
transferred function is to have effect as if made or done by the Lord
Chancellor.
10
      (4)
So far as is appropriate in consequence of the transfer, anything else done by
the Secretary of State in exercise of a transferred function is to be treated as
if done by the Lord Chancellor.