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Notices of Amendments: 11th October 2007                

1743

 

Legal Services Bill [Lords], continued

 
 

Mr Secretary Straw

 

117

 

Page  272,  line  22  [Schedule  16],  leave out ‘““legal services body” has’ and insert

 

‘““legally qualified” and “legal services body” have’.

 

Mr Secretary Straw

 

118

 

Page  272,  line  27  [Schedule  16],  leave out from ‘(e)’ to the end and insert ‘after the

 

definition of “registered European lawyer” insert—’.

 

Mr Secretary Straw

 

119

 

Page  272  [Schedule  16],  leave out lines 28 and 29.

 

Mr Secretary Straw

 

120

 

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

 

109 of that Act)’.

 

Mr Secretary Straw

 

121

 

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,

 

    

are satisfied.

 

(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—

 

(a)    

a solicitor,


 
 

Notices of Amendments: 11th October 2007                

1744

 

Legal Services Bill [Lords], continued

 
 

(b)    

a registered European lawyer, or

 

(c)    

a qualifying body.

 

(5)    

For that purpose a qualifying body is a body in respect of which—

 

(a)    

the management and control condition would be satisfied if

 

the references in subsection (2) to persons who are legally

 

qualified were to persons who are legally qualified by virtue

 

of subsection (6)(a) to (c),

 

(b)    

the relevant lawyer condition is satisfied by virtue of

 

subsection (4)(a) or (b), and

 

(c)    

the services condition is satisfied.

 

(6)    

For the purposes of this section the following are legally qualified—

 

(a)    

an authorised person who is an individual;

 

(b)    

a registered foreign lawyer (within the meaning of section 89

 

of the Courts and Legal Services Act 1990 (c. 41));

 

(c)    

a person entitled to pursue professional activities under a

 

professional title to which the Directive applies in a state to

 

which the Directive applies (other than the title of barrister or

 

solicitor in England and Wales);

 

(d)    

an authorised person which is a body in respect of which—

 

(i)    

the services condition is satisfied, and

 

(ii)    

the management and control condition would be

 

satisfied if the references in subsection (2) to persons

 

who are legally qualified were to persons who are

 

legally qualified by virtue of paragraphs (a) to (c);

 

(e)    

a body which provides professional services such as are

 

provided by individuals who are authorised persons or

 

lawyers of other jurisdictions, and in respect of which the

 

management and control condition would be satisfied if the

 

references in subsection (2) to persons who are legally

 

qualified were to persons who are legally qualified by virtue

 

of paragraphs (a) to (c).

 

(7)    

For the purposes of this section, the services condition is satisfied in

 

relation to a body if the body provides only services which may be

 

provided by a recognised body (having regard to rules under section

 

9(1A) and (1C)).

 

(8)    

For the purposes of this section—

 

“authorised person” has the same meaning as in section 9;

 

“the Directive” means Directive 98/5/EC of the European Parliament and

 

the Council, to facilitate practice of the profession of lawyer on a

 

permanent basis in a Member State other than that in which the

 

qualification was obtained;

 

“manager”, in relation to a body, has the meaning given by section 9;

 

“recognised body” has the same meaning as in section 9;

 

“registered European lawyer” has the same meaning as in section 9;

 

“shares” has the same meaning as for the purposes of Part 5 of the Legal

 

Services Act 2007 (see sections 72 and 109 of that Act);

 

“specified” means specified in rules made by the Society;


 
 

Notices of Amendments: 11th October 2007                

1745

 

Legal Services Bill [Lords], continued

 
 

    

and a person has an interest in a body if the person has an interest in

 

the body for the purposes of section 9.”’.

 


 

Mr Secretary Straw

 

122

 

Page  277,  line  31  [Schedule  16],  after ‘of’ insert ‘—

 

(a)    

’.

 

Mr Secretary Straw

 

123

 

Page  277,  line  33  [Schedule  16],  after ‘generally’ insert ‘, or

 

(b)    

that client, person or trust separately’.

 

Mr Secretary Straw

 

124

 

Page  277,  line  44  [Schedule  16],  after first ‘of’ insert ‘—

 

(a)    

’.

 

Mr Secretary Straw

 

125

 

Page  277,  line  45  [Schedule  16],  after ‘generally’ insert ‘, or

 

(b)    

that client, person or trust, separately’.

 


 

Mr Secretary Straw

 

126

 

Page  280,  line  38  [Schedule  16],  at end insert ‘, or

 

( )    

a manager of a recognised body who is not legally qualified (within the

 

meaning of section 9A) continues to be suitable to be a manager of a

 

recognised body.’.

 


 

Mr Secretary Straw

 

127

 

Page  289,  line  45  [Schedule  16],  leave out sub-paragraph (3).

 


 

Mr Secretary Straw

 

128

 

Page  291,  line  16  [Schedule  16],  at end insert ‘, and


 
 

Notices of Amendments: 11th October 2007                

1746

 

Legal Services Bill [Lords], continued

 
 

( )    

in paragraph (a), after “revoked” insert “in accordance with rules

 

under that section or”.’

 


 

Mr Secretary Straw

 

129

 

Page  292,  line  13  [Schedule  16],  at end insert ‘and

 

( )    

after that sub-paragraph insert—

 

  “(4)  

This paragraph does not apply to a recognised body which

 

holds a licence under Part 5 of the Legal Services Act 2007

 

(alternative business structures).”’.

 

Mr Secretary Straw

 

130

 

Page  292,  line  22  [Schedule  16],  at end insert —

 

‘( )    

in subsection (4), for paragraphs (a) to (d) substitute “to make different

 

provision with respect to registered foreign lawyers to the provision

 

made with respect to solicitors.”,’.

 


 

Mr Secretary Straw

 

131

 

Page  293,  line  9  [Schedule  16],  at end insert ‘and—

 

(ii)    

for paragraphs (a) and (b) substitute “for members of that

 

profession to be managers of recognised bodies.”,’.

 


 

Mr Secretary Straw

 

142

 

Page  355,  line  44  [Schedule  21],  at end insert ‘and,

 

(b)    

in subsection (6), for “counsel or a solicitor” substitute “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 (within the meaning of that Act)”.’.

 


 

Mr Secretary Straw

 

132

 

Page  371,  line  10  [Schedule  22],  leave out ‘, 32’.

 

Mr Secretary Straw

 

133

 

Page  371,  line  26  [Schedule  22],  leave out ‘(other than a licensable body)’.


 
 

Notices of Amendments: 11th October 2007                

1747

 

Legal Services Bill [Lords], continued

 
 

Mr Secretary Straw

 

134

 

Page  371,  line  30  [Schedule  22],  leave out paragraph (i) and insert—

 

‘(i)    

a person who (having regard to section 15) carries on notarial activities

 

through an employee or manager of the person who is within

 

paragraph (h),’.

 

Mr Secretary Straw

 

135

 

Page  371,  line  36  [Schedule  22],  leave out ‘, other than a licensable body’.

 

Mr Secretary Straw

 

136

 

Page  371,  line  40  [Schedule  22],  leave out ‘, other than a licensable body’.

 

Mr Secretary Straw

 

137

 

Page  371,  line  43  [Schedule  22],  leave out paragraph (o) and insert—

 

‘(o)    

a person who (having regard to section 15) carries on an activity which

 

is a reserved legal activity within paragraph 18(2) of Schedule 5

 

through an employee or manager of the person who is within

 

paragraph (n).’.

 

Mr Secretary Straw

 

138

 

Page  371,  line  45  [Schedule  22],  at end insert—

 

    ‘()  

After the end of the transitional period, any reference in section 9, 9A or 32A

 

of, or Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61) to an

 

authorised person includes a person who is an exempt person—

 

(a)    

by virtue of paragraph 13 of Schedule 5, in relation to the carrying on

 

of an activity which is a notarial activity, or

 

(b)    

by virtue of paragraph 18 of that Schedule, in relation to the carrying

 

on of an activity which is a reserved legal activity within sub-

 

paragraph (2) of that paragraph.’.

 


 

Mr Secretary Straw

 

139

 

Page  372,  line  2  [Schedule  22],  at end insert—

 

‘15A (1)  

During the transitional period (within the meaning of paragraph 15), the Law

 

Society may make rules to which this sub-paragraph applies only with the

 

concurrence of the Lord Chancellor (as well as the Master of the Rolls).

 

      (2)  

Sub-paragraph (1) applies to —

 

(a)    

rules made under section 9 of the Administration of Justice Act 1985

 

(c. 61) by virtue of subsections (1A), (1C), (2A), (2B) or (2D) of that

 

section or section 9A of that Act, and

 

(b)    

any other rules made under section 9 of that Act, in so far as they apply

 

in relation to bodies which have one or more managers who are not

 

legally qualified (within the meaning of section 9A of that Act), or

 

managers or employees of such bodies.


 
 

Notices of Amendments: 11th October 2007                

1748

 

Legal Services Bill [Lords], continued

 
 

15B(1)  

During the relevant period, the legal professional privilege provisions apply to

 

a body which—

 

(a)    

is recognised under section 9 of the 1985 Act, and

 

(b)    

has one or more managers who are not legally qualified (within the

 

meaning of section 9A of that Act),

 

            

as if the body were a licensed body.

 

      (2)  

Sub-paragraph (1) applies whether or not the legal professional privilege

 

provisions have been brought into force for other purposes.

 

      (3)  

The relevant period is the period which—

 

(a)    

begins when section 9A of the 1985 Act comes into force, and

 

(b)    

ends when paragraph 7 of Schedule 5 ceases to apply in relation to the

 

body.

 

      (4)  

The legal professional privilege provisions are—

 

(a)    

paragraph 36(4) of Schedule 2 to the 1985 Act (as inserted by

 

Schedule 16 to this Act), and

 

(b)    

section 190(3) to (7) of this Act.

 

      (5)  

During the transitional period (within the meaning of paragraph 15), section

 

190(5)(h) (as it applies by virtue of this paragraph) applies as if for “an

 

authorised person in relation to an activity which is a reserved legal activity”

 

there were substituted “within paragraph 15(1) of Schedule 22”.

 

      (6)  

“The 1985 Act” means the Administration of Justice Act 1985.’.

 


 

Mr Secretary Straw

 

143

 

Page  377  [Schedule  23],  leave out lines 27 and 28 and insert ‘, “corporate”.’.

 


 

Mr Secretary Straw

 

140

 

Page  378,  line  25  [Schedule  23],  leave out ‘(1)(b) and’.

 


 

Mr Secretary Straw

 

141

 

Page  383,  line  16  [Schedule  23],  leave out ‘Schedule 3’ and insert ‘Schedules 3 and

 

5’.


 
 

Notices of Amendments: 11th October 2007                

1749

 

Legal Services Bill [Lords], continued

 
 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

45

 

Page  383  [Schedule  23],  leave out line 21.

 


 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

46

 

Page  385,  line  10  [Schedule  23],  at end insert ‘trade union       |      section 207’.

 

 

Order of the House [4th JUNE 2007]

 

That the following provisions shall apply to the Legal Services Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 28th June 2007.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 

 

order of the house (no.2) [15th october 2007]

 

That the Order of 4th June 2007 (Legal Services Bill [Lords] (Programme)) be varied

 

as follows:

 

1.    

Paragraphs 4 and 5 of the Order shall be omitted.

 

2.    

Proceedings on consideration shall be taken in the following order: new

 

Clauses relating to Parts 1 to 4; amendments relating to Clauses 1 to 70;

 

amendments relating to Schedules 1 to 9; new Clauses relating to Part 5;


 
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