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Consideration of Bill Legal Services Bill [Lords], As Amended Mr Secretary Straw 78 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 Chancellor.’. Mr Secretary Straw 79 Page 4, line 25 [Clause 8], leave out ‘on terms and conditions’ and insert ‘for a fixed period, and on other terms and conditions,’. Mr Secretary Straw 80 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 may be re-appointed.’. Mr Secretary Straw 81 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 (b) paragraph 13 or 18 of Schedule Mr Secretary Straw 82 Page 11, line 42 [Clause 21], leave out ‘(other than an individual)’. Mr Secretary Straw 83 Page 14, line 37 [Clause 29], leave out ‘and’ and insert ‘or’. Mr Secretary Straw 84 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 costs).’. Mr Secretary Straw 85 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;’. Mr Secretary Straw 86 Page 53, line 5 [Clause 93], after ‘who’ insert ‘has an interest or an indirect interest or’. Mr Secretary Straw 87 Page 59, line 22 [Clause 108], leave out ‘non-authorised persons’ and insert ‘within subsection (3A)’. Mr Secretary Straw 88 Page 59, line 24 [Clause 108], leave out ‘non-authorised persons’ and insert ‘persons within subsection (3A)’. Mr Secretary Straw 89 Page 59, line 26 [Clause 108], leave out ‘non-authorised’ and insert ‘such’. Mr Secretary Straw 90 Page 59, line 29 [Clause 108], leave out ‘non-authorised’ and insert ‘such’. Mr Secretary Straw 91 Page 59, line 31 [Clause 108], leave out ‘non-authorised’ and insert ‘such’. Mr Secretary Straw 92 Page 59, line 33 [Clause 108], at end insert— ‘(3A) The persons within this subsection are— (a) non-authorised persons; (b) licensed bodies.’. Mr Secretary Straw 93 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 respondent, and (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 subsection (1A)(b). (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 Mr Secretary Straw 94 Page 71, line 2 [Clause 136], leave out ‘a particular case’ and insert ‘such other circumstances as may be specified’. Mr Secretary Straw 95 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’. Mr Secretary Straw 96 Page 72, line 15 [Clause 138], leave out ‘£20,000’ and insert ‘£30,000’. Mr Secretary Straw 97 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.’. Mr Secretary Straw 98 Page 82, line 28 [Clause 157], after ‘provision’ insert ‘made in regulatory arrangements’. Mr Secretary Straw 99 Page 93, line 38 [Clause 176], leave out ‘(other than an individual)’. Mr Secretary Straw 100 Page 98, line 3 [Clause 184], after ‘rules’ insert ‘or regulations’. Mr Secretary Straw 101 Page 100, line 17 [Clause 185], after ‘rules’ insert ‘or regulations’. Mr Secretary Straw 102 Page 120, line 11 [Schedule 1], at end insert— ‘( ) Before appointing an ordinary member, the Lord Chancellor must consult the Lord Chief Justice.’. Mr Secretary Straw 103 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,’. Mr Secretary Straw 104 Page 120, line 18 [Schedule 1], leave out ‘any subsequent’ and insert ‘the’. Mr Secretary Straw 105 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 ( ) a registered trade mark attorney, within the
meaning of the Mr Secretary Straw 106 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.’. Mr Secretary Straw 107 Page 214, line 3 [Schedule 14], at end insert— ‘( ) that a person has been appointed receiver or manager of property of the licensed body;’. Mr Secretary Straw 108 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 ( ) a registered trade mark attorney, within the
meaning of the Mr Secretary Straw 109 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.’. Mr Secretary Straw 110 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 services other than— (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.”.’. Mr Secretary Straw 111 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 section;”’. Mr Secretary Straw 112 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 make provision— (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). (a) to suspend or revoke the recognition of any body; (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.’. Mr Secretary Straw 113 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 more conditions if— (i) the case is of a prescribed kind, and (ii) the Society considers that it is in the public interest to do so; (b) ’. Mr Secretary Straw 114 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.’. Mr Secretary Straw 115 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.”.’. Mr Secretary Straw 116 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 Services Act 2007);”,’. 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 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. (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, (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— (b) a registered foreign lawyer (within the meaning of section
89 of the (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 “specified” means specified in rules made by the Society; 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 ( ) in paragraph (a), after “revoked” insert “in accordance with rules under that section or”.’ |
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