|
| |
| | |
| | |
| |
| | |
| | |
| | Thursday 4th October 2007 |
|
| | For other Amendment(s) see the following page(s) of Supplement to Votes:
|
|
| | 1581-94, 1613, 1637-38, 1671-72 and 1673 |
|
| | |
| | Legal Services Bill [Lords], As Amended |
|
| | |
| | | |
| | Page 3, line 33 [Clause 8], leave out subsection (2) and insert— |
|
| | | ‘( ) | The Consumer Panel is to consist of such consumers, or persons representing the |
|
| | | interests of consumers, as the Board may appoint with the approval of the Lord |
|
| | | |
| | |
| | | |
| | Page 4, line 25 [Clause 8], leave out ‘on terms and conditions’ and insert ‘for a |
|
| | fixed period, and on other terms and conditions,’. |
|
| | |
| | | |
| | Page 4, line 27 [Clause 8], at end insert— |
|
| | | ‘( ) | But a person may be removed from office in accordance with those terms and |
|
| | | conditions only with the approval of the Lord Chancellor. |
|
| | | ( ) | A person who ceases to be chairman or another member of the Consumer Panel |
|
| | | |
| | |
| | | |
| | Page 9, line 28 [Clause 19], leave out from ‘who’ to end of line 29 and insert ‘, for |
|
| | the purposes of carrying on the relevant activity, is an exempt person by virtue of— |
|
| | | (a) | Schedule 3 (exempt persons), or |
|
| | | (b) | paragraph 13 or 18 of Schedule 5 (additional categories of exempt |
|
| | | persons during transitional period).’. |
|
| | |
| | | |
| | Page 11, line 42 [Clause 21], leave out ‘(other than an individual)’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 14, line 37 [Clause 29], leave out ‘and’ and insert ‘or’. |
|
| | |
| | | |
| | Page 36, line 25 [Clause 64], at end insert— |
|
| | | ‘( ) | to make regulations or rules providing for appeals to the High Court or |
|
| | | another body against decisions made by the Board in its capacity as an |
|
| | | approved regulator (including regulations or rules providing for a |
|
| | | decision on such an appeal to be final and for orders as to payment of |
|
| | | |
| | |
| | | |
| | Page 49, line 7 [Clause 83], at end insert— |
|
| | | ‘( ) | provision as to how the licensing authority, when considering the |
|
| | | regulatory objectives (in compliance with its duties under section 3(2) or |
|
| | | 28(2)) in connection with an application for a licence, should take |
|
| | | account of the objective of improving access to justice;’. |
|
| | |
| | | |
| | Page 53, line 5 [Clause 93], after ‘who’ insert ‘has an interest or an indirect interest |
|
| | |
| | |
| | | |
| | Page 59, line 22 [Clause 108], leave out ‘non-authorised persons’ and insert |
|
| | ‘within subsection (3A)’. |
|
| | |
| | | |
| | Page 59, line 24 [Clause 108], leave out ‘non-authorised persons’ and insert |
|
| | ‘persons within subsection (3A)’. |
|
| | |
| | | |
| | Page 59, line 26 [Clause 108], leave out ‘non-authorised’ and insert ‘such’. |
|
| | |
| | | |
| | Page 59, line 29 [Clause 108], leave out ‘non-authorised’ and insert ‘such’. |
|
| | |
| | | |
| | Page 59, line 31 [Clause 108], leave out ‘non-authorised’ and insert ‘such’. |
|
| | |
| | | |
| | Page 59, line 33 [Clause 108], at end insert— |
|
| | | ‘(3A) | The persons within this subsection are— |
|
| | | (a) | non-authorised persons; |
|
|
| |
| | |
| | |
| |
| | | |
| | |
| | | |
| | Page 70, line 43 [Clause 136], at end insert— |
|
| | | ‘(1A) | The rules must provide for charges payable in relation to a complaint to be |
|
| | | reduced or waived (or partly or wholly refunded) where— |
|
| | | (a) | the complaint is determined or otherwise resolved in favour of the |
|
| | | |
| | | (b) | the ombudsman is satisfied that the respondent took all reasonable steps |
|
| | | to try to resolve the complaint under the respondent’s complaints |
|
| | | |
| | | (1B) | The rules may make provision as to— |
|
| | | (a) | the circumstances in which a complaint is to be treated as determined or |
|
| | | otherwise resolved in favour of the respondent (which may include |
|
| | | circumstances where a complaint is settled, withdrawn or abandoned (or |
|
| | | treated as withdrawn or abandoned by virtue of scheme rules)); |
|
| | | (b) | matters to be taken into account by the ombudsman for the purposes of |
|
| | | |
| | | (1C) | The respondent’s complaints procedures are the procedures established by the |
|
| | | respondent, or which the respondent participates in or is subject to, in accordance |
|
| | | with regulatory arrangements (or licensing rules of the Board) made in |
|
| | | accordance with section 112.’. |
|
| | |
| | | |
| | Page 71, line 2 [Clause 136], leave out ‘a particular case’ and insert ‘such other |
|
| | circumstances as may be specified’. |
|
| | |
| | | |
| | Page 71, line 5 [Clause 136], leave out ‘refunded in specified circumstances’ and |
|
| | insert ‘wholly or partly refunded in such other circumstances as may be specified’. |
|
| | |
| | | |
| | Page 72, line 15 [Clause 138], leave out ‘£20,000’ and insert ‘£30,000’. |
|
| | |
| | | |
| | Page 75, line 21 [Clause 143], at end insert— |
|
| | | ‘(2A) | The ombudsman must give the complainant a notice stating that a report under |
|
| | | subsection (2) has been given to the relevant authorising body.’. |
|
| | |
| | | |
| | Page 82, line 28 [Clause 157], after ‘provision’ insert ‘made in regulatory |
|
| | |
| | |
| | | |
| | Page 93, line 38 [Clause 176], leave out ‘(other than an individual)’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 98, line 3 [Clause 184], after ‘rules’ insert ‘or regulations’. |
|
| | |
| | | |
| | Page 100, line 17 [Clause 185], after ‘rules’ insert ‘or regulations’. |
|
| | |
| | | |
| | Page 120, line 11 [Schedule 1], at end insert— |
|
| | | ‘( ) | Before appointing an ordinary member, the Lord Chancellor must consult the |
|
| | | |
| | |
| | | |
| | Page 120, line 17 [Schedule 1], after ‘chairman’ insert ‘, and any subsequent |
|
| | chairman appointed in the period of 5 years beginning with the day on which that first |
|
| | appointment takes effect,’. |
|
| | |
| | | |
| | Page 120, line 18 [Schedule 1], leave out ‘any subsequent’ and insert ‘the’. |
|
| | |
| | | |
| | Page 121, line 7 [Schedule 1], after ‘conveyancer;’ insert— |
|
| | | ‘( ) | granted a certificate issued by the Institute of Legal Executives |
|
| | | authorising the person to practise as a legal executive; |
|
| | | ( ) | a registered patent attorney, within the meaning given by section |
|
| | | 275(1) of the Copyright, Designs and Patents Act 1988 (c. 48); |
|
| | | ( ) | a registered trade mark attorney, within the meaning of the Trade |
|
| | | Marks Act 1994 (c. 26);’. |
|
| | |
| | | |
| | Page 122, line 19 [Schedule 1], leave out from ‘member’ to end of line 20 and |
|
| | insert ‘under sub-paragraph (1)(b), the Lord Chancellor must consult— |
|
| | | (a) | the Lord Chief Justice, and |
|
| | | (b) | if the ordinary member is not the chairman, the chairman.’. |
|
| | |
| | | |
| | Page 214, line 3 [Schedule 14], at end insert— |
|
| | | ‘( ) | that a person has been appointed receiver or manager of property of the |
|
| | | |
| | |
| | | |
| | Page 222, line 23 [Schedule 15], after ‘conveyancer,’ insert— |
|
| | | ‘( ) | granted a certificate issued by the Institute of Legal Executives |
|
| | | authorising the person to practise as a legal executive, |
|
|
| |
| | |
| | |
| |
| | | ( ) | a registered patent attorney, within the meaning given by section |
|
| | | 275(1) of the Copyright, Designs and Patents Act 1988 (c. 48), |
|
| | | ( ) | a registered trade mark attorney, within the meaning of the Trade |
|
| | | Marks Act 1994 (c. 26),’. |
|
| | |
| | | |
| | Page 224, line 22 [Schedule 15], at end insert— |
|
| | | ‘() | The persons with whom the OLC may make arrangements include approved |
|
| | | regulators; and the arrangements it may make include arrangements for |
|
| | | assistance to be provided to an ombudsman in relation to the investigation and |
|
| | | consideration of a complaint.’. |
|
| | |
| | | |
| | Page 270, line 28 [Schedule 16], at end insert— |
|
| | | ‘() | After that subsection insert— |
|
| | | “(1A) | Where the Society makes rules under subsection (1), it must by rules |
|
| | | under subsection (1)(c) prescribe the requirement that (subject to any |
|
| | | exceptions provided by the rules) recognised bodies must not provide |
|
| | | |
| | | (a) | solicitor services, or |
|
| | | (b) | solicitor services and other relevant legal services. |
|
| | | (1B) | “Relevant legal services” means— |
|
| | | (a) | solicitor services, and |
|
| | | (b) | where authorised persons other than solicitors or registered |
|
| | | European lawyers are managers or employees of, or have an |
|
| | | interest in, a recognised body, services of the kind provided by |
|
| | | individuals practising as such authorised persons (whether or |
|
| | | not those services involve the carrying on of reserved legal |
|
| | | activities within the meaning of the Legal Services Act 2007). |
|
| | | (1C) | The Society may by rules under this section provide that services |
|
| | | specified, or of a description specified, in the rules are not to be treated |
|
| | | as solicitor services or other relevant legal services.”.’. |
|
| | |
| | | |
| | Page 271, line 29 [Schedule 16], at end insert— |
|
| | | ‘(fc) | requiring recognised bodies to appoint a person or |
|
| | | persons to monitor compliance, by the recognised |
|
| | | body, its managers and its employees, with |
|
| | | requirements imposed on them by or by virtue of this |
|
| | | Act or any rules applicable to them by virtue of this |
|
| | | |
| | |
| | | |
| | Page 271, line 30 [Schedule 16], at end insert— |
|
| | | ‘“(2ZA) | If rules under this section provide for the recognition of legal services bodies |
|
| | | which have one or more managers who are not legally qualified, the rules must |
|
| | | |
|
| |
| | |
| | |
| |
| | | (a) | for the recognition of such bodies to be suspended or revoked, on such |
|
| | | grounds and in such circumstances as may be prescribed by the rules; |
|
| | | (b) | as to the criteria and procedure for the Society’s approving, as suitable to |
|
| | | be a manager of a recognised body, an individual who is not legally |
|
| | | qualified (and for the Society’s withdrawing such approval). |
|
| | | (2ZB) | Rules under this section may make provision for appeals to the High Court |
|
| | | against decisions made by the Society under the rules— |
|
| | | (a) | to suspend or revoke the recognition of any body; |
|
| | | (b) | not to approve, as suitable to be the manager of a recognised body, an |
|
| | | individual who is not legally qualified (or to withdraw such approval). |
|
| | | (2ZC) | The rules may provide for appeals against decisions within subsection (2ZB)(b) |
|
| | | to be brought by the individual to whom the decision relates (as well as the body). |
|
| | | (2ZD) | In relation to an appeal under rules made by virtue of subsection (2ZB), the High |
|
| | | Court may make such order as it thinks fit as to payment of costs. |
|
| | | (2ZE) | The decision of the High Court on such an appeal shall be final.’. |
|
| | |
| | | |
| | Page 271, line 36 [Schedule 16], leave out from ‘(2B)’ to end and insert ‘While a |
|
| | body is recognised under this section, the Society— |
|
| | | (a) | must direct that the body’s recognition is to have effect subject to one or |
|
| | | |
| | | (i) | the case is of a prescribed kind, and |
|
| | | (ii) | the Society considers that it is in the public interest to do so; |
|
| | | |
| | |
| | | |
| | Page 271, line 47 [Schedule 16], at end insert— |
|
| | | ‘(c) | if rules under this section provide for the recognition of legal services |
|
| | | bodies which have one or more managers who are not legally qualified, |
|
| | | a condition that all the managers of the body must be legally qualified.’. |
|
| | |
| | | |
| | Page 272, line 17 [Schedule 16], at end insert ‘, and— |
|
| | | ( ) | for “the commencement of this section” substitute “or in the same |
|
| | | session as the Legal Services Act 2007 was passed.”.’. |
|
| | |
| | | |
| | Page 272, line 18 [Schedule 16], at end insert— |
|
| | | ‘( ) | after the definition of “the 1974 Act” insert— |
|
| | | ““authorised person” means an authorised person in relation to an activity |
|
| | | which is a reserved legal activity (within the meaning of the Legal |
|
| | | |
| | |
| | | |
| | Page 272, line 22 [Schedule 16], leave out ‘““legal services body” has’ and insert |
|
| | ‘““legally qualified” and “legal services body” have’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 272, line 27 [Schedule 16], leave out from ‘(e)’ to the end and insert ‘after the |
|
| | definition of “registered European lawyer” insert—’. |
|
| | |
| | | |
| | Page 272 [Schedule 16], leave out lines 28 and 29. |
|
| | |
| | | |
| | Page 272, line 32 [Schedule 16], after ‘jurisdictions’ insert ‘; |
|
| | | | and a person has an interest in a body if the person has an interest in the body |
|
| | | within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and |
|
| | | |
| | |
| | | |
| | Page 272, line 34 [Schedule 16], leave out paragraph 82 and insert— |
|
| | | ‘82 | After that section insert— |
|
| | | “9A | Legal services bodies |
|
| | | (1) | For the purposes of section 9, a “legal services body” means a body |
|
| | | (corporate or unincorporate) in respect of which — |
|
| | | (a) | the management and control condition, and |
|
| | | (b) | the relevant lawyer condition, |
|
| | | |
| | | (2) | The management and control condition is satisfied if— |
|
| | | (a) | at least 75% of the body’s managers are legally qualified, |
|
| | | (b) | the proportion of shares in the body held by persons who are |
|
| | | legally qualified is at least 75%, |
|
| | | (c) | the proportion of voting rights in the body which persons who |
|
| | | are legally qualified are entitled to exercise, or control the |
|
| | | exercise of, is at least 75%, |
|
| | | (d) | all the persons with an interest in the body who are not legally |
|
| | | qualified are managers of the body, and |
|
| | | (e) | all the managers of the body who are not legally qualified are |
|
| | | individuals approved by the Society as suitable to be |
|
| | | managers of a recognised body. |
|
| | | (3) | The Society may by rules under section 9 provide that, in relation to |
|
| | | specified kinds of bodies, subsection (2) applies as if the references to |
|
| | | 75% were to such greater percentage as may be specified (and |
|
| | | different percentages may be specified for different kinds of bodies). |
|
| | | (4) | The relevant lawyer condition is satisfied in relation to a body if at |
|
| | | least one manager of the body is— |
|
| | | |
| | | (b) | a registered European lawyer, or |
|
| | | |
| | | (5) | For that purpose a qualifying body is a body in respect of which— |
|
|
