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| | Page 73, line 44 [Clause 140], after ‘proceedings’, insert ‘(except an appeal under |
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| | subsection (10A) or (10B))’. |
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| | Page 75, line 21 [Clause 143], at end insert— |
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| | | ‘(2A) | The ombudsman must give the complainant a notice stating that a report under |
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| | | subsection (2) has been given to the relevant authorising body.’. |
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| | | As an Amendment to Mr Secretary Straw’s proposed Amendment (No. 97):— |
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| | | ‘(2B) | The relevant authorising body must report to the complainant the action which |
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| | | has been or is to be taken by it in response to the report and the reasons for that |
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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 16 [Clause 157], at end insert ‘unless in relation to a complaint which |
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| | is determined by an approved regulator pursuant to a direction made under section |
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| | [Handling of complaints by approved regulator]’. |
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| | Page 82, line 20 [Clause 157], after ‘(3)’, insert ‘and except as permitted by |
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| | Page 82, line 20 [Clause 157], at end insert ‘and except as permitted by subsection |
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| | Page 82, line 28 [Clause 157], after ‘provision’ insert ‘made in regulatory |
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| | Page 222, line 23 [Schedule 15], 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 224, line 22 [Schedule 15], at end insert— |
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| | | ‘() | The persons with whom the OLC may make arrangements include approved |
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| | | regulators; and the arrangements it may make include arrangements for |
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| | | assistance to be provided to an ombudsman in relation to the investigation and |
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| | | consideration of a complaint.’. |
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| | Page 224, line 22 [Schedule 15], at end insert— |
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| | | ‘(3) | The persons with whom the OLC may make arrangements under subparagraph |
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| | | (1) above include approved regulators and external regulators. |
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| | | (4) | The arrangements that the OLC may make include arrangements for assistance to |
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| | | be provided to an ombudsman in relation to the investigation and consideration |
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| | | Offence of pretending to be a legal executive |
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| | To move the following Clause:— |
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| | | ‘(1) | It is an offence for a person who is not a legal executive— |
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| | | (a) | wilfully to pretend to be a legal executive, or |
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| | | (b) | with the intention of implying falsely that that person is a legal executive, |
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| | | to take or use any name, title or description. |
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| | | (2) | A person who is guilty of an offence under subsection (1) is liable— |
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| | | (a) | on summary conviction, to imprisonment for a term not exceeding 12 |
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| | | months or a fine not exceeding the statutory maximum (or both), and |
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| | | (b) | on conviction on indictment, to imprisonment for a term not exceeding 2 |
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| | | years or a fine (or both). |
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| | | (3) | In relation to an offence under subsection (1) committed before the |
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| | | commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the |
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| | | reference in subsection (2)(a) to 12 months is to be read as a reference to 6 |
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| | | (4) | In this section “Legal Executive” means a Fellow of the Institute of Legal |
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| | Page 93, line 38 [Clause 176], leave out ‘(other than an individual)’. |
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| | Page 98, line 3 [Clause 184], after ‘rules’ insert ‘or regulations’. |
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| | Page 100, line 17 [Clause 185], after ‘rules’ insert ‘or regulations’. |
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| | Page 105, line 36 [Clause 193], before ‘Nothing’, insert ‘Subject to subsection |
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| | Page 105, line 41 [Clause 193], leave out subsection (2). |
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| | Page 105, line 41 [Clause 193], leave out subsection (2) and insert— |
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| | | ‘(1A) | Nothing in subsection (1) shall prevent the amendments to section 88 of the |
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| | | Solicitors Act 1974 (c. 47) made by section 177 and Schedule 16 from having |
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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 9 [Clause 207], leave out ‘“independent trade union”’. |
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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 265, line 24 [Schedule 16], at end insert— |
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| | | ‘75A | In section 88 (solicitors to public departments: exemption from holding |
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| | | practising certificates)— |
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| | | (a) | in subsection (1) omit “or to hold a practising certificate” and “or to |
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| | | hold such a certificate”, |
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| | | (b) | for subsection (1A) substitute— |
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| | | “(1A) | Where any officer referred to in subsection (1), or any clerk or |
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| | | officer appointed to act for such an officer, has been admitted |
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| | | as a solicitor and his name is on the roll, he shall, if he would |
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| | | not otherwise be taken to be acting as a solicitor, be taken for |
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| | | the purposes of this Act to be so acting in carrying out any |
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| | | reserved activities in the course of carrying out the duties of |
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| | | his office or his appointment and shall not be exempt from any |
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| | | requirement to hold a practising certificate.”’. |
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| | Page 270, line 28 [Schedule 16], at end insert— |
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| | | ‘() | After that subsection insert— |
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| | | “(1A) | Where the Society makes rules under subsection (1), it must by rules |
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| | | under subsection (1)(c) prescribe the requirement that (subject to any |
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| | | exceptions provided by the rules) recognised bodies must not provide |
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| | | (a) | solicitor services, or |
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| | | (b) | solicitor services and other relevant legal services. |
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| | | (1B) | “Relevant legal services” means— |
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| | | (a) | solicitor services, and |
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| | | (b) | where authorised persons other than solicitors or registered |
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| | | European lawyers are managers or employees of, or have an |
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| | | interest in, a recognised body, services of the kind provided by |
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| | | individuals practising as such authorised persons (whether or |
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| | | not those services involve the carrying on of reserved legal |
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| | | activities within the meaning of the Legal Services Act 2007). |
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| | | (1C) | The Society may by rules under this section provide that services |
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| | | specified, or of a description specified, in the rules are not to be treated |
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| | | as solicitor services or other relevant legal services.”.’. |
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| | Page 271, line 29 [Schedule 16], at end insert— |
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| | | ‘(fc) | requiring recognised bodies to appoint a person or |
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| | | persons to monitor compliance, by the recognised |
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| | | body, its managers and its employees, with |
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| | | requirements imposed on them by or by virtue of this |
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| | | Act or any rules applicable to them by virtue of this |
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| | Page 271, line 30 [Schedule 16], at end insert— |
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| | | ‘“(2ZA) | If rules under this section provide for the recognition of legal services bodies |
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| | | which have one or more managers who are not legally qualified, the rules must |
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| | | (a) | for the recognition of such bodies to be suspended or revoked, on such |
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| | | grounds and in such circumstances as may be prescribed by the rules; |
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| | | (b) | as to the criteria and procedure for the Society’s approving, as suitable to |
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| | | be a manager of a recognised body, an individual who is not legally |
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| | | qualified (and for the Society’s withdrawing such approval). |
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| | | (2ZB) | Rules under this section may make provision for appeals to the High Court |
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| | | against decisions made by the Society under the rules— |
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| | | (a) | to suspend or revoke the recognition of any body; |
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| | | (b) | not to approve, as suitable to be the manager of a recognised body, an |
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| | | individual who is not legally qualified (or to withdraw such approval). |
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| | | (2ZC) | The rules may provide for appeals against decisions within subsection (2ZB)(b) |
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| | | to be brought by the individual to whom the decision relates (as well as the body). |
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| | | (2ZD) | In relation to an appeal under rules made by virtue of subsection (2ZB), the High |
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| | | Court may make such order as it thinks fit as to payment of costs. |
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| | | (2ZE) | The decision of the High Court on such an appeal shall be final.’. |
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| | Page 271, line 36 [Schedule 16], leave out from ‘(2B)’ to end and insert ‘While a |
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| | body is recognised under this section, the Society— |
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| | | (a) | must direct that the body’s recognition is to have effect subject to one or |
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| | | (i) | the case is of a prescribed kind, and |
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| | | (ii) | the Society considers that it is in the public interest to do so; |
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| | Page 271, line 47 [Schedule 16], at end insert— |
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| | | ‘(c) | if rules under this section provide for the recognition of legal services |
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| | | bodies which have one or more managers who are not legally qualified, |
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| | | a condition that all the managers of the body must be legally qualified.’. |
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| | Page 272, line 17 [Schedule 16], at end insert ‘, and— |
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| | | ( ) | for “the commencement of this section” substitute “or in the same |
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| | | session as the Legal Services Act 2007 was passed”.’. |
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| | Page 272, line 18 [Schedule 16], at end insert— |
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| | | ‘( ) | after the definition of “the 1974 Act” insert— |
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| | | ““authorised person” means an authorised person in relation to an activity |
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| | | which is a reserved legal activity (within the meaning of the Legal |
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| | Page 272, line 22 [Schedule 16], leave out ‘““legal services body” has’ and insert |
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| | ‘““legally qualified” and “legal services body” have’. |
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| | Page 272, line 27 [Schedule 16], leave out from ‘(e)’ to the end and insert ‘after the |
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| | definition of “registered European lawyer” insert—’. |
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| | Page 272 [Schedule 16], leave out lines 28 and 29. |
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| | Page 272, line 32 [Schedule 16], after ‘jurisdictions’ insert ‘; |
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| | | | and a person has an interest in a body if the person has an interest in the body |
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| | | within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and |
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| | Page 272, line 34 [Schedule 16], leave out paragraph 82 and insert— |
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| | | ‘82 | After that section insert— |
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|
