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| | Page 20, line 45 [Clause 39], leave out subsection (7). |
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| | Page 21, line 27 [Clause 41], leave out from ‘have’ to ‘and’ in line 28 and insert ‘a |
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| | significant adverse impact on the regulatory objectives taken as a whole, and’. |
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| | Page 24, line 5 [Clause 45], leave out from ‘have’ to ‘and’ in line 6 and insert ‘a |
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| | significant adverse impact on the regulatory objectives taken as a whole, and’. |
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| | Page 27, line 19 [Clause 49], leave out subsections (3) and (4) and insert— |
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| | | ‘( ) | Any statement of policy issued by the Board must— |
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| | | (a) | respect the principle that primary responsibility for regulation rests with |
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| | | (b) | ensure that the Board exercises its powers only where it considers that the |
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| | | action or inaction of an approved regulator is not an approach which the |
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| | | approved regulator could reasonably have taken; |
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| | | (c) | provide that, save where there is an imminent risk of significant damage |
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| | | to the regulatory objectives, the Board will seek to resolve matters |
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| | | informally with the approved regulator before seeking its powers.’. |
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| | Page 27, line 20 [Clause 49], at end insert ‘and that the Board should exercise its |
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| | powers only where approved regulators are clearly failing’. |
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| | Page 30, line 45 [Clause 54], at end insert— |
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| | | ‘(1A) | An approved regulator must consider any request made by an external regulatory |
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| | | body for the approved regulator to reconsider any provision made by its |
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| | | regulatory arrangements on the grounds that the provision either— |
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| | | (a) | conflicts with a requirement of a regulatory provision made by the |
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| | | external regulatory body, or |
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| | | (b) | unnecessarily duplicates any regulatory provision made by that external |
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| | Page 31, line 6 [Clause 54], at end insert— |
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| | | ‘(2A) | An external regulatory body may make an application to an approved regulator |
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| | | under this section if it considers that the arrangements of the approved |
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| | | (a) | frustrate the exercise of the external regulatory body’s requirements, or |
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| | | (b) | conflict with the external regulatory body’s regulatory requirements, or |
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| | | (c) | give rise to unnecessary duplication of regulatory requirements for the |
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| | | subjects of the external regulatory body. |
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| | | (2B) | For the purposes of subsection (2A)(c) above, “subjects” means any individuals |
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| | | or entities subject to the regulatory powers and jurisdication of the external |
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| | | (2C) | Where an application is made to an approved regulator under this section, the |
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| | | (a) | determine whether such regulatory conflict exists with the external |
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| | | regulatory body’s requirements and, where it so determines, take such |
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| | | steps as are reasonably practicable to address the regulatory conflict |
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| | | outlined by the external regulatory body, or, |
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| | | (b) | in the absence of satisfactory resolution and where provisions for the |
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| | | resolution of external regulatory conflict provide, make an application to |
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| | | the Board under subsection (4).’. |
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| | Page 31, line 27 [Clause 55], at end insert— |
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| | | ‘(d) | shall give a reason and explanation for such notice.’. |
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| | Page 36, line 25 [Clause 64], at end insert— |
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| | | ‘( ) | to make regulations or rules providing for appeals to the High Court or |
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| | | another body against decisions made by the Board in its capacity as an |
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| | | approved regulator (including regulations or rules providing for a |
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| | | decision on such an appeal to be final and for orders as to payment of |
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| | Page 120, line 6 [Schedule 1], at end insert ‘with the concurrence of the Lord Chief |
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| | Page 120, line 9 [Schedule 1], after ‘Chancellor’, insert ‘with the approval of the |
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| | Page 120, line 9 [Schedule 1], at end insert ‘with the concurrence of the Lord Chief |
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| | Page 120, line 11 [Schedule 1], at end insert— |
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| | | ‘( ) | Before appointing an ordinary member, the Lord Chancellor must consult the |
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| | Page 120, line 15 [Schedule 1], after ‘Chancellor’, insert ‘and Lord Chief Justice’. |
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| | Page 120, line 17 [Schedule 1], leave out ‘first’. |
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| | Page 120, line 17 [Schedule 1], after ‘chairman’ insert ‘, and any subsequent |
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| | chairman appointed in the period of 5 years beginning with the day on which that first |
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| | appointment takes effect,’. |
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| Page 120, line 18 [Schedule 1], leave out lines 18 to 24. |
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| | Page 120, line 18 [Schedule 1], leave out ‘any subsequent’ and insert ‘the’. |
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| | Page 121, line 7 [Schedule 1], after ‘conveyancer;’ insert— |
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| | | ‘( ) | granted a certificate issued by the Institute of Legal Executives |
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| | | authorising the person to practise as a legal executive; |
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| | | ( ) | a registered patent attorney, within the meaning given by section |
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| | | 275(1) of the Copyright, Designs and Patents Act 1988 (c. 48); |
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| | | ( ) | a registered trade mark attorney, within the meaning of the Trade |
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| | | Marks Act 1994 (c. 26);’. |
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| | Page 121, line 17 [Schedule 1], after ‘Chancellor’, insert ‘and Lord Chief Justice’. |
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| | Page 122, line 6 [Schedule 1], after ‘Chancellor’, insert ‘with the concurrence of |
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| | Page 122, line 7 [Schedule 1], after ‘Chancellor’, insert ‘and Lord Chief Justice’. |
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| | Page 122, line 9 [Schedule 1], leave out ‘is’ and insert ‘and Lord Chief Justice are’. |
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| | Page 122, line 18 [Schedule 1], at end insert— |
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| | | ‘(4A) | Before removing the chairman under sub-paragraph (1)(b), the Lord Chancellor |
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| | | must seek the approval of the Lord Chief Justice.’. |
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| | Page 122, line 19 [Schedule 1], leave out ‘removing’ and insert ‘the Lord |
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| | Chancellor and Lord Chief Justice remove’. |
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| | Page 122, line 19 [Schedule 1], leave out from ‘member’ to end of line 20 and |
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| | insert ‘under sub-paragraph (1)(b), the Lord Chancellor must consult— |
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| | | (a) | the Lord Chief Justice, and |
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| | | (b) | if the ordinary member is not the chairman, the chairman.’. |
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| | Page 122, line 20 [Schedule 1], after ‘Chancellor’, insert ‘and the Lord Chief |
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| | Page 122, line 21 [Schedule 1], after ‘Chancellor’, insert ‘and Lord Chief Justice’. |
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| | nEW cLAUSES RELATING TO PART 5 |
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| | | Patent and trade mark agents |
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| | To move the following Clause:— |
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| | | (a) | existing at the date this Act comes into force and entitled to use the |
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| | | description “Registered Trade Mark Agents” or “Registered Patent |
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| | | (b) | which through the operation of section 72(1)(b) of this Act would |
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| | | otherwise be a licensable body, |
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| | | shall not be a licensable body unless it ceases to be entitled to use the said |
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| | To move the following Clause:— |
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| | | ‘(1) | A licensing authority may apply to the Board to determine the status of a |
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| | | recognised professional body if it is in any doubt as to whether that professional |
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| | | body meets the criteria set down in this Act. |
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| | | (2) | A licensing authority may determine that a body “B”, which is prima facie “low |
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| | | risk” under section 108(2)(b) (non-authorised managers are all members of |
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| | | recognised professional bodies), should not be treated as low risk if it considers |
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| | | the services to be offered by B are inconsistent with the “professional principles” |
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| | | (3) | Any decision under subsection (2) will follow the procedural requirements set out |
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| | | in Schedule 11(2) and (3).’. |
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| | Page 41, line 30 [Clause 71], after first ‘activities’, insert ‘(other than notarial |
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| | Page 49, line 7 [Clause 83], at end insert— |
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| | | ‘( ) | provision as to how the licensing authority, when considering the |
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| | | regulatory objectives (in compliance with its duties under section 3(2) or |
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| | | 28(2)) in connection with an application for a licence, should take |
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| | | account of the objective of improving access to justice;’. |
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| | Page 49, line 13 [Clause 83], at end insert— |
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| | | ‘(da) | appropriate provision requiring the licensing authority to consider the |
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| | | likely impact of a proposed application on access to justice when |
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| | | determining the application,’. |
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| | Page 49, line 13 [Clause 83], at end insert— |
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| | | ‘(da) | appropriate provisions reinforcing the independence and integrity of the |
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| | | legal professionals concerned,’. |
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| | Page 53, line 5 [Clause 93], after ‘who’ insert ‘has an interest or an indirect interest |
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