Legal Services Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc
94

Solicitors, the Law Society and the Disciplinary Tribunal
177
The Law Society, solicitors, recognised bodies and foreign lawyers
Schedule 16 contains amendments of—
(a)
the Solicitors Act 1974 (c. 47),
(b)
Part 1 of the Administration of Justice Act 1985 (c. 61) (recognised
5
bodies), and
(c)
section 89 of, and Schedule 14 to, the Courts and Legal Services Act
1990 (c. 41) (foreign lawyers: partnerships and recognised bodies).
178
The Solicitors Disciplinary Tribunal: approval of rules
(1)
If the Solicitors Disciplinary Tribunal (“the Tribunal”) makes an alteration of its
10
rules under section 46(9)(b) of the Solicitors Act 1974 (“the tribunal rules”), the
alteration does not have effect unless it is approved for the purposes of this Act.
(2)
An alteration is approved for the purposes of this Act if—
(a)
it is approved by the Board under Part 3 of Schedule 4 (alteration of
approved regulator’s regulatory arrangements),
15
(b)
it is an exempt alteration, or
(c)
it is an alteration made in compliance with a direction under section 32
(given by virtue of section 179).
(3)
For the purposes of subsection (2)(a), paragraphs 20 to 27 of Schedule 4
(procedure for approval of alterations of regulatory arrangements) apply in
20
relation to an application by the Tribunal for approval of an alteration or
alterations of the tribunal rules as they apply in relation to an application by an
approved regulator for approval of an alteration or alterations of its regulatory
arrangements, but as if—
(a)
paragraph 23 of that Schedule applied in relation to the Law Society as
25
well as the Tribunal,
(b)
in paragraph 25(3) (grounds for refusal of application), paragraphs (d)
and (e) were omitted, and
(c)
in paragraph 27(3) the reference to section 32 were a reference to that
section as applied (with modifications) by section 179.
30
(4)
For the purposes of subsection (2)(b), an exempt alteration is an alteration
which the Board has directed is to be treated as exempt for the purposes of this
section.
(5)
A direction under subsection (4) may be specific or general, and must be
published by the Board.
35
(6)
In this section references to an “alteration” of the tribunal rules include the
making of such rules and the modification of such rules.
179
Board’s power to give directions to the Tribunal
Sections 32 to 34 and Schedule 7 (Board’s powers to give directions) apply in
relation to the Tribunal as they apply in relation to an approved regulator, but
40
as if—
(a)
in section 32(1)—
(i)
paragraphs (a) and (c) were omitted, and

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc
95

(ii)
in paragraph (b) after “failed” there were inserted “to perform
any of its functions to an adequate standard (or at all) or”,
(b)
in subsection (3)(b) of that section for “regulatory arrangements” there
were substituted “rules under section 46(9)(b) of the Solicitors Act
1974”,
5
(c)
section 34(3) were omitted, and
(d)
paragraphs 2 and 10 of Schedule 7 applied in relation to the Law
Society, as well as the Tribunal, where it is proposed to give the
Tribunal a direction under section 32.
180
Functions of the Tribunal
10
Sections 69 and 70 (modification of functions of approved regulators) apply in
relation to the Tribunal as they apply in relation to an approved regulator, but
as if—
(a)
for section 69(3) (purpose for which modifying order may be made)
there were substituted—
15
“(3)
The Board may make a recommendation under this section only
with a view to an order being made which enables the Tribunal
to carry out its role more effectively or efficiently.”, and
(b)
subsections (4), (5) and (7) of that section were omitted.
Other lawyers
20
181
Unqualified person not to pretend to be a barrister
(1)
It is an offence for a person who is not a barrister—
(a)
wilfully to pretend to be a barrister, or
(b)
with the intention of implying falsely that that person is a barrister to
take or use any name, title or description.
25
(2)
A person who is guilty of an offence under subsection (1) is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum (or both), and
(b)
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
30
(3)
In relation to an offence under subsection (1) committed before the
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the
reference in subsection (2)(a) to 12 months is to be read as a reference to 6
months.
182
Licensed conveyancers
35
Schedule 17 contains amendments relating to the Council for Licensed
Conveyancers, licensed conveyancers and bodies recognised under section 32
of the Administration of Justice Act 1985 (c. 61).
183
Commissioners for oaths
(1)
For the purposes of any enactment or instrument (including an enactment
40
passed or instrument made after the passing of this Act) “commissioner for

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Part 8 — Miscellaneous provisions about lawyers etc
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oaths” includes an authorised person in relation to the administration of oaths
(“a relevant authorised person”).
(2)
A relevant authorised person has the right to use the title “Commissioner for
Oaths”.
(3)
A relevant authorised person may not carry on the administration of oaths in
5
any proceedings in which that person represents any of the parties or is
interested.
(4)
A relevant authorised person before whom an oath or affidavit is taken or
made must state in the jurat or attestation at which place and on what date the
oath or affidavit is taken or made.
10
(5)
A document containing such a statement and purporting to be sealed or signed
by a relevant authorised person must be admitted in evidence without proof of
the seal or signature, and without proof that that person is a relevant
authorised person.
(6)
The Lord Chancellor may by order prescribe the fees to be charged by relevant
15
authorised persons in respect of the administration of an oath or the taking of
an affidavit.
(7)
The Lord Chancellor may make an order under subsection (6) only—
(a)
after consultation with the Board, and
(b)
with the consent of the Lord Chief Justice and the Master of the Rolls.
20
(8)
In this section “affidavit” has the same meaning as in the Commissioners for
Oaths Act 1889 (c. 10).
184
Trade mark attorneys
(1)
The Trade Marks Act 1994 (c. 26) is amended as follows.
(2)
In section 82 (recognition of agents) after “rules” insert “and subject to the Legal
25
Services Act 2007”.
(3)
For section 83 (the register of trade mark agents) substitute—
“83
The register of trade mark attorneys
(1)
There is to continue to be a register of persons who act as agent for
others for the purpose of applying for or obtaining the registration of
30
trade marks.
(2)
In this Act a registered trade mark attorney means an individual whose
name is entered on the register kept under this section.
(3)
The register is to be kept by the Institute of Trade Mark Attorneys.
(4)
The Secretary of State may, by order, amend subsection (3) so as to
35
require the register to be kept by the person specified in the order.
(5)
Before making an order under subsection (4), the Secretary of State
must consult the Legal Services Board.
(6)
An order under this section must be made by statutory instrument.

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(7)
An order under this section may not be made unless a draft of it has
been laid before, and approved by a resolution of, each House of
Parliament.
83A
Regulation of trade mark attorneys
(1)
The person who keeps the register under section 83 may make
5
regulations which regulate—
(a)
the keeping of the register and the registration of persons;
(b)
the carrying on of trade mark agency work by registered
persons.
(2)
Those regulations may, amongst other things, make—
10
(a)
provision as to the educational and training qualifications, and
other requirements, which must be satisfied before an
individual may be registered or for an individual to remain
registered;
(b)
provision as to the requirements which must be met by a body
15
(corporate or unincorporate) before it may be registered or for it
to remain registered, including provision as to the management
and control of the body;
(c)
provision as to the educational, training or other requirements
to be met by regulated persons;
20
(d)
provision regulating the practice, conduct and discipline of
registered persons or regulated persons;
(e)
provision authorising in such cases as may be specified in the
regulations the erasure from the register of the name of any
person registered in it, or the suspension of a person’s
25
registration;
(f)
provision requiring the payment of such fees as may be
specified in or determined in accordance with the regulations;
(g)
provision about the provision to be made by registered persons
in respect of complaints made against them;
30
(h)
provision about the keeping of records and accounts by
registered persons or regulated persons;
(i)
provision for reviews of or appeals against decisions made
under the regulations;
(j)
provision as to the indemnification of registered persons or
35
regulated persons against losses arising from claims in respect
of civil liability incurred by them.
(3)
Regulations under this section may make different provision for
different purposes.
(4)
Regulations under this section which are not regulatory arrangements
40
within the meaning of the Legal Services Act 2007 are to be treated as
such arrangements for the purposes of that Act.
(5)
Before the appointed day, regulations under this section may be made
only with the approval of the Secretary of State.
(6)
The powers conferred to make regulations under this section are not to
45
be taken to prejudice—
(a)
any other power which the person who keeps the register may
have to make rules or regulations (however they may be

Legal Services Bill [HL]
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described and whether they are made under an enactment or
otherwise);
(b)
any rules made by that person under any such power.
(7)
In this section—
“appointed day” means the day appointed for the coming into
5
force of paragraph 1 of Schedule 4 to the Legal Services Act
2007;
“manager”, in relation to a body, has the same meaning as in the
Legal Services Act 2007 (see section 207);
“registered person” means—
10
(a)
a registered trade mark attorney, or
(b)
a body (corporate or unincorporate) registered in the
register kept under section 83;
“regulated person” means a person who is not a registered person
but is a manager or employee of a body which is a registered
15
person;
“trade mark agency work” means work done in the course of
carrying on the business of acting as agent for others for the
purpose of—
(a)
applying for or obtaining the registration of trade marks
20
in the United Kingdom, or
(b)
conducting proceedings before the Comptroller relating
to applications for or otherwise in connection with the
registration of trade marks.”
(4)
In section 84 (unregistered persons not to be described as registered trade mark
25
agents)—
(a)
in subsection (2)—
(i)
after “partnership” (in the first place) insert “or other
unincorporated body”, and
(ii)
for “all the partners” to the end substitute “the partnership or
30
other body is registered in the register kept under section 83.”,
and
(b)
in subsection (3) for “all the directors” to the end substitute “the body
corporate is registered in the register kept under section 83.”
(5)
Omit section 85 (power to prescribe conditions etc for mixed partnerships and
35
bodies corporate).
(6)
In section 87 (privilege for communications with registered trade mark
attorneys), in subsection (3)(c) at the beginning insert “any other
unincorporated body or”.
185
Patent attorneys
40
(1)
The Copyright, Designs and Patents Act 1988 (c. 48) is amended as follows.
(2)
In section 274 (persons permitted to carry on business of a patent agent) in
subsection (1) after “this Part” insert “and to the Legal Services Act 2007”.

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(3)
For section 275 (the register of patent agents) substitute—
“275
The register of patent attorneys
(1)
There is to continue to be a register of persons who act as agent for
others for the purpose of applying for or obtaining patents.
(2)
In this Part a registered patent attorney means an individual whose
5
name is entered on the register kept under this section.
(3)
The register is to be kept by the Chartered Institute of Patent Attorneys.
(4)
The Secretary of State may, by order, amend subsection (3) so as to
require the register to be kept by the person specified in the order.
(5)
Before making an order under subsection (4), the Secretary of State
10
must consult the Legal Services Board.
(6)
An order under this section must be made by statutory instrument.
(7)
An order under this section may not be made unless a draft of it has
been laid before, and approved by a resolution of, each House of
Parliament.
15
275A
Regulation of patent attorneys
(1)
The person who keeps the register under section 275 may make
regulations which regulate—
(a)
the keeping of the register and the registration of persons;
(b)
the carrying on of patent attorney work by registered persons.
20
(2)
Those regulations may, amongst other things, make—
(a)
provision as to the educational and training qualifications, and
other requirements, which must be satisfied before an
individual may be registered or for an individual to remain
registered;
25
(b)
provision as to the requirements which must be met by a body
(corporate or unincorporate) before it may be registered, or for
it to remain registered, including provision as to the
management and control of the body;
(c)
provision as to the educational, training and other requirements
30
to be met by regulated persons;
(d)
provision regulating the practice, conduct and discipline of
registered persons or regulated persons;
(e)
provision authorising in such cases as may be specified in the
regulations the erasure from the register of the name of any
35
person registered in it, or the suspension of a person’s
registration;
(f)
provision requiring the payment of such fees as may be
specified in or determined in accordance with the regulations;
(g)
provision about the provision to be made by registered persons
40
in respect of complaints made against them;
(h)
provision about the keeping by registered persons or regulated
persons of records and accounts;
(i)
provision for reviews of or appeals against decisions made
under the regulations;
45

Legal Services Bill [HL]
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100

(j)
provision as to the indemnification of registered persons or
regulated persons against losses arising from claims in respect
of civil liability incurred by them.
(3)
Regulations under this section may make different provision for
different purposes.
5
(4)
Regulations under this section which are not regulatory arrangements
within the meaning of the Legal Services Act 2007 are to be treated as
such arrangements for the purposes of that Act.
(5)
Before the appointed day, regulations under this section may be made
only with the approval of the Secretary of State.
10
(6)
The powers conferred to make regulations under this section are not to
be taken to prejudice—
(a)
any other power which the person who keeps the register may
have to make rules or regulations (however they may be
described and whether they are made under an enactment or
15
otherwise);
(b)
any rules made by that person under any such power.
(7)
In this section—
“appointed day” means the day appointed for the coming into
force of paragraph 1 of Schedule 4 to the Legal Services Act
20
2007;
“manager”, in relation to a body, has the same meaning as in the
Legal Services Act 2007 (see section 207);
“patent attorney work” means work done in the course of carrying
on the business of acting as agent for others for the purpose of—
25
(a)
applying for or obtaining patents, in the United
Kingdom or elsewhere, or
(b)
conducting proceedings before the comptroller relating
to applications for, or otherwise in connection with,
patents;
30
“registered person” means—
(a)
a registered patent attorney, or
(b)
a body (corporate or unincorporate) registered in the
register kept under section 275;
“regulated person” means a person who is not a registered person
35
but is a manager or employee of a body which is a registered
person.”
(4)
In section 276 (persons entitled to describe themselves as patent attorneys)—
(a)
in subsection (2)—
(i)
after “partnership” (in the first place) insert “or other
40
unincorporated body”, and
(ii)
for “all the partners” to the end substitute “the partnership or
other body is registered in the register kept under section 275”,
(b)
in subsection (3) for “all the directors” to the end substitute “the body
corporate is registered in the register kept under section 275.”
45
(5)
Omit section 279 (power to prescribe conditions etc for mixed partnerships and
bodies corporate).