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| | Page 105, line 41 [Clause 193], leave out subsection (2). |
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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], at end insert ‘with the concurrence of the Lord Chief |
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| | Page 120, line 15 [Schedule 1], after ‘Chancellor’, insert ‘and Lord Chief Justice’. |
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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 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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| | Page 7, line 20 [Clause 15], leave out subsection (6). |
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| | Page 7, line 25 [Clause 15], leave out ‘subject to that’. |
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| | Page 12, line 12 [Clause 23], leave out ‘an independent’ and insert ‘a’. |
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| | Page 189, line 42 [Schedule 12], leave out ‘an independent’ and insert ‘a’. |
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| | Page 57, line 24 [Clause 105], leave out ‘an independent’ and insert ‘a’. |
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| | Page 57, line 26 [Clause 105], leave out ‘an independent’ and insert ‘a’. |
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| | Page 57, line 29 [Clause 106], leave out ‘an independent’ and insert ‘a’. |
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| | Page 117, line 9 [Clause 207], leave out from ‘independent’ to ‘Act’ in line 11. |
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| | Page 117, line 26 [Clause 207], leave out ‘an independent’ and insert ‘a’. |
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| | Page 117, line 40 [Clause 207], at end insert ‘“trade union” means a trade union for |
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| | the time being included in the list of trade unions kept under section 2 of the Trade Union |
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| | and Labour Relations (Consolidation) Act 1992 (c. 52).’. |
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| | Page 383 [Schedule 23], leave out line 21. |
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| | Page 385, line 10 [Schedule 23], at end insert ‘trade union | section 207’. |
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| | Page 16, line 3 [Clause 31], leave out ‘one or more of the regulatory objectives’ |
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| | and insert ‘the regulatory objectives taken as a whole’. |
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| | Page 16, line 32 [Clause 32], leave out from ‘have’ to end of line 33 and insert ‘, a |
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| | significant adverse impact on the regulatory objectives taken as a whole,’. |
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| | Page 18, line 5 [Clause 35], 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 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 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 57, line 24 [Clause 105], leave out ‘an independent’ and insert ‘a’. |
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| | Page 57, line 26 [Clause 105], leave out ‘an independent’ and insert ‘a’. |
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| | Page 69, line 14 [Clause 133], at end insert— |
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| | | ‘(ha) | for an ombudsman to award costs against the respondent in favour of the |
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| | | OLC for the purpose of providing a contribution to resources deployed in |
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| | | dealing with the complaint if— |
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| | | (i) | the complaint against the respondent is determined or otherwise |
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| | | resolved substantially in favour of the complainant, or |
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| | | (ii) | in the ombudsman’s opinion the respondent failed to deal with |
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| | | the complaint in accordance with the regulatory arrangements |
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| | | which the relevant approved regulator has made under section |
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| | Page 69, line 48 [Clause 136], after ‘(3)(h),’, insert ‘(ha),’. |
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| | Page 70, line 44 [Clause 163], at end insert— |
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| | | ‘(1A) | The rules must provide for the OLC to reduce or waive a charge in circumstances |
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| | | (a) | the complaint relates to activity undertaken otherwise than for reward, or |
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| | | (b) | it appears to the OLC that the amount of a charge, unless reduced or |
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| | | waived, would be disproportionate having regard to the gravity or nature |
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| | | of the complaint, the value (if any) of the subject matter of the activity to |
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| | | which it relates, or the consideration payable for the services used by the |
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| | | complainant which consist of or include that activity, or |
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| | | (c) | it appears to the OLC that the amount of a charge, unless reduced or |
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| | | waived, would cause the respondent undue hardship. |
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| | | (1B) | The rules must also provide for the refund of the whole or part of a charge where |
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| | | circumstances coming to the OLC’s attention since the charge was paid are such |
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| | | that it appears to the OLC that the amount of the charge, unless wholly or partly |
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| | | (a) | is disproportionate having regard to the gravity or nature of the |
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| | | complaint, the value (if any) of the subject matter of the activity to which |
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| | | it relates, or the consideration payable for the services used by the |
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| | | complainant which consist of or include that activity, or |
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| | | (b) | causes the respondent undue hardship. |
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| | | (1C) | Scheme rules must provide that any charge in relation to a complaint shall not |
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| | | become payable by a respondent unless the complaint is determined or otherwise |
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| | | resolved substantially in favour of the complainant.’. |
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| | Page 71, line 2 [Clause 136], after ‘case’, insert ‘(other than one to which rules |
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| | pursuant to subsection (2) apply)’. |
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| | Page 71, line 5 [Clause 136], after ‘circumstances’, insert ‘(other than |
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| | circumstances in which rules pursuant to subsection (3) apply)’. |
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| | Page 82, line 16 [Clause 157], at end insert ‘, unless in relation to a complaint |
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| | which is determined by an approved regulator pursuant to a direction made under section |
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| | Page 82, line 19 [Clause 157], at end insert ‘and except as permitted by subsection |
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| | Page 117, line 9 [Clause 207], leave out ‘independent trade union’. |
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| | Page 14, line 20 [Clause 28], leave out ‘, so far as is reasonably practicable,’. |
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