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1711

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 10th October 2007

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1581-94, 1613, 1637-38, 1671-72, 1673, 1675-86 and 1701-02

 

Consideration of Bill


 

Legal Services Bill [Lords], As Amended

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

148

 

Page  59,  line  21  [Clause  108],  leave out subsection (2) and insert—

 

‘(2)    

The management condition is that—

 

(a)    

the number of managers of the body who are non-authorised persons is

 

less than 25 per cent. of the total number of managers; or

 

(b)    

the managers who are non-authorised individuals who provide services

 

directly or indirectly to clients within their own professional training, are

 

members of one or more recognised professional bodies and do not

 

account for more than 50 per cent. on a headcount of managers.’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

149

 

Page  59,  line  23  [Clause  108],  leave out subsection (3) and insert—

 

‘(3)    

The ownership condition for B satisfying the management condition set out in

 

subsection 2(a) is that—

 

(a)    

only managers of B can hold shares or exercise voting rights or control

 

unless they are authorised persons, and

 

(b)    

the proportion of shares in B held by persons who are non-authorised

 

managers is less than 25 per cent., and

 

(c)    

the proportion of the voting rights in B which persons who are non-

 

authorised managers are entitled to exercise, or control the exercise of, is

 

than 25 per cent., and

 

(d)    

if B has a parent undertaking (“P”)—


 
 

Notices of Amendments: 10th October 2007                

1712

 

Legal Services Bill[ [], continued

 
 

(i)    

the proportion of shares in P held by persons who are non-

 

authorised managers is less than 25 per cent., and

 

(ii)    

the proportion of the voting rights in P which non-authorised non

 

managers are entitled to exercise, or control the exercise of, is

 

less than 25 per cent.’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

150

 

Page  59,  line  33  [Clause  108],  at end insert—

 

‘(3A)    

The ownership condition for B satisfying the management condition set out in

 

subsection 2(b) is that shares and voting rights in B—

 

(a)    

are only held by authorised persons, or managers who are members of

 

recognised professional bodies, and

 

(b)    

the percentage of shares held or proportion of voting rights exercised by

 

non-authorised managers does not account for more than 50 per cent.’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

151

 

Page  59,  line  36  [Clause  108],  at end insert—

 

‘(4A)    

For the purposes of this section “recognised professional body” means a body

 

(other than an approved regulator), incorporated by Royal Charter, and which

 

makes provision for—

 

(a)    

testing the competence of those seeking admission to membership of the

 

body as a condition for such admission; and

 

(b)    

imposing and maintaining professional and ethical standards for its

 

members, as well as imposing sanctions for non-compliance with those

 

standards.

 

    

“member” of a recognised professional body means a member or member firm as

 

defined by the appropriate rules of such a body.’.

 

Licensing authority

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

NC6

 

To move the following Clause:—

 

‘(1)    

A licensing authority may apply to the Board to determine the status of a

 

recognised professional body if it is in any doubt as to whether that professional

 

body meets the criteria set down in this Act.

 

(2)    

A licensing authority may determine that a body “B”, which is prima facie “low

 

risk” under section 108(2)(b) (non-authorised managers are all members of

 

recognised professional bodies), should not be treated as low risk if it considers

 

the services to be offered by B are inconsistent with the “professional principles”

 

set out in section 1(3).


 
 

Notices of Amendments: 10th October 2007                

1713

 

Legal Services Bill[ [], continued

 
 

(3)    

Any decision under subsection (2) will follow the procedural requirements set out

 

in Schedule 11(2) and (3).’.

 

John Hemming

 

152

 

Page  7,  line  13  [Clause  15],  at end insert—

 

‘(3A)    

Where “B” is an organisation whose members are carrying on a particular trade

 

or profession for the purposes of which that organisation exists, the provision of

 

relevant services to members for no charge (or by providing an indemnity in

 

respect of unrecovered costs) shall not constitute the provision of relevant

 

services to the public or a section of the public.’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr David Burrowes

 

153

 

Page  68,  line  37  [Clause  133],  leave out ‘may’ and insert ‘must’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr David Burrowes

 

154

 

Page  68,  line  41  [Clause  133],  leave out from ‘circumstances’ to end of line 43 and

 

insert ‘to another body with a view to it being determined by that body instead of by an

 

ombudsman, with particular regard to—

 

(i)    

mixed complaints provided by authorised persons under any part

 

of this Act;

 

(ii)    

whether determination of the complaint by a body other than the

 

ombudsman will be unduly prejudicial to the complainant or

 

authorised person;

 

(iii)    

provisions for managing a complainant’s dissatisfaction

 

regarding the determination of the complaint referred to another

 

body under this subsection.’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr David Burrowes

 

155

 

Page  224,  line  22  [Schedule  15],  at end insert—

 

‘(3)    

The persons with whom the OLC may make arrangements under subparagraph

 

(1) above include approved regulators and external regulators.

 

(4)    

The arrangements that the OLC may make include arrangements for assistance to

 

be provided to an ombudsman in relation to the investigation and consideration

 

of a complaint.’.


 
 

Notices of Amendments: 10th October 2007                

1714

 

Legal Services Bill[ [], continued

 
 

Offence of pretending to be a legal executive

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr David Burrowes

 

NC7

 

To move the following Clause:—

 

‘(1)    

It is an offence for a person who is not a legal executive—

 

(a)    

wilfully to pretend to be a legal executive, or

 

(b)    

with the intention of implying falsely that that person is a legal executive,

 

to take or use any name, title or description.

 

(2)    

A person who is guilty of an offence under subsection (1) is liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or a fine not exceeding the statutory maximum (or both), and

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding 2

 

years or a fine (or both).

 

(3)    

In relation to an offence under subsection (1) committed before the

 

commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the

 

reference in subsection (2)(a) to 12 months is to be read as a reference to 6

 

months.

 

(4)    

In this section “Legal Executive” means a Fellow of the Institute of Legal

 

Executives.’.

 

Nick Herbert

 

Mr Jonathan Djanogly

 

Mr Henry Bellingham

 

Mr Nick Hurd

 

156

 

Page  49,  line  13  [Clause  83],  at end insert—

 

‘(da)    

appropriate provisions reinforcing the independence and integrity of the

 

legal professionals concerned,’.

 


 
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