Legal Services Bill [Lords], As Amended - continued          House of Commons

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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

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)’.

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—

    (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.

      (a) is recognised under section 9 of the 1985 Act, and

    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

140

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

Mr Secretary Straw

141

Page 383, line 16 [Schedule 24], leave out ‘Schedule 3’ and insert ‘Schedules 3 and 5’.

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

143

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


 
 
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Prepared: 5 October 2007