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Session 2006 - 07
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Other Bills before Parliament

Legal Services Bill [HL]


 
 

 

Legal Services Bill [HL]

LORDS amendment, disagreements and AMENDMENTS in lieu

[The page and line references are to Bill 108, the bill as first printed for the Commons]

Clause 15

4

Page 7, line 15, at end insert—

 

“( )    

Where P is an independent trade union, persons provided with relevant

 

services by virtue of—

 

(a)    

their membership or former membership of P, or

 

(b)    

another person’s membership or former membership of P,

 

    

do not constitute the public or a section of the public.”

 

lords DISAGREEMENT AND amendment in lieu

 

The Lords disagree with the Commons in their Amendment 4 but propose Amendment 4A

 

in lieu—

4A

Page 7, line 15, at end insert—

 

“(5A)    

Where P is an independent trade union, persons provided with relevant

 

services do not constitute the public or a section of the public in the

 

circumstances specified in subsection (5B).

 

(5B)    

The circumstances are—

 

(a)    

the persons are provided with the services by virtue of—

 

(i)    

their membership or former membership of P, or

 

(ii)    

another person’s membership or former membership of P,

 

(b)    

the services are provided to the persons in connection with any

 

matter which arises out of the terms and conditions of their

 

employment, their treatment by their employers, their workplace

 

relationships or their workplace or other working conditions, and

 

(c)    

any such employment, employer or workplace is one in respect of

 

which P represents, or seeks to represent, workers as a trade union.”

Clause 31

10

Page 15, line 30, leave out from “on” to “and” in line 31 and insert “one or more of

 
 
Bill 16454/2

 
 

 

(  2  )

 
 

the regulatory objectives,”

 

lords DISAGREEMENT AND amendment in lieu

 

The Lords disagree with the Commons in their Amendment 10 but propose Amendment

 

10A in lieu—

10A

Page 15, line 30, leave out from “impact” to end of line 33 and insert “on one or

 

more of the regulatory objectives, and

 

(b)    

that it is appropriate to take the action proposed under subsection

 

(1) in all the circumstances of the case (including in particular the

 

impact of taking the action on the other regulatory objectives).”

Clause 32

11

Page 16, line 14, leave out from “have,” to end of line 15 and insert “an adverse

 

impact on one or more of the regulatory objectives,”

 

lords DISAGREEMENT AND amendments in lieu

 

The Lords disagree with the Commons in their Amendment 11 but propose Amendments

 

11A and 11B in lieu—

11A

Page 16, line 14, leave out from “likely” to end of line 15 and insert “to have an

 

adverse impact on one or more of the regulatory objectives,”

11B

Page 16, line 33, at end insert—

 

“( )    

In a case within subsection (1)(a), before giving a direction under

 

subsection (2) the Board must in particular consider the impact of giving

 

the direction on the other regulatory objectives.”

Clause 35

12

Page 17, line 27, leave out from “have,” to “and” in line 28 and insert “an adverse

 

impact on one or more of the regulatory objectives,”

 

lords DISAGREEMENT AND amendment in lieu

 

The Lords disagree with the Commons in their Amendment 12 but propose Amendment

 

12A in lieu—

12A

Page 17, line 27, leave out from “have” to end of line 30 and insert “an adverse

 

impact on one or more of the regulatory objectives, and

 

(b)    

that it is appropriate to act under this section in all the

 

circumstances of the case (including in particular the impact of so

 

acting on the other regulatory objectives).”

Clause 41

13

Page 21, line 9, leave out from “have,” to “and” in line 10 and insert “an adverse

 

impact on one or more of the regulatory objectives,”

 

lords DISAGREEMENT AND amendment in lieu

 

The Lords disagree with the Commons in their Amendment 13 but propose Amendment


 
 

 

(  3  )

 
 

13A in lieu—

13A

Page 21, line 9, leave out from “have” to end of line 12 and insert “an adverse

 

impact on one or more of the regulatory objectives, and

 

(b)    

that it is appropriate to give the intervention direction in all the

 

circumstances of the case (including in particular the impact of

 

giving the direction on the other regulatory objectives).”

Clause 45

14

Page 23, line 29, leave out from “have,” to “and” in line 30 and insert “an adverse

 

impact on one or more of the regulatory objectives,”

 

lords DISAGREEMENT AND amendments in lieu

 

The Lords disagree with the Commons in their Amendment 14 but propose Amendments

 

14A and 14C in lieu—

14A

Page 23, line 29, leave out from “have” to end of line 32 and insert “an adverse

 

impact on one or more of the regulatory objectives, and

 

(b)    

that it is appropriate to cancel the body’s designation in relation to

 

the activity or activities in question in all the circumstances of the

 

case (including in particular the impact of cancelling the

 

designation on the other regulatory objectives).”

14C

Page 43, line 14, leave out from “on” to end of line 18 and insert “one or more of the

 

regulatory objectives, and

 

(b)    

that it is appropriate to cancel the approved regulator’s designation

 

in relation to the activity or activities in question in all the

 

circumstances of the case (including in particular the impact of

 

cancelling the designation on the other regulatory objectives).”

Clause 49

15

Page 27, line 1, leave out subsection (3) and insert—

 

“( )    

In preparing a statement of policy, the Board must have regard to the

 

principle that its principal role is the oversight of approved regulators.

 

( )    

The statement of policy prepared under subsection (1) must—

 

(a)    

take account of the desirability of resolving informally matters

 

which arise between the Board and an approved regulator, and

 

(b)    

specify how, in exercising the functions mentioned in that

 

subsection, the Board will comply with the requirements of section

 

3(3) (regulatory activities to be proportionate, consistent and

 

targeted only at cases in which action is needed, etc).”

 

lords AGREEMENT AND amendment to the commons amend­

 

ment

 

The Lords agree with the Commons in their Amendment 15, and do propose Amendment

 

15A as an amendment thereto—

15A

Line 10, at end insert “, and

 

(c)    

ensure that the Board exercises its powers only where it considers

 

that the action or inaction of an approved regulator is not an


 
 

 

(  4  )

 
 

approach which the approved regulator could reasonably have

 

taken.””

Schedule 1

74

Page 121, line 6, leave out “with the concurrence of the Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 74 for the following reason—

74A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

75

Page 121, line 10, leave out “with the concurrence of the Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 75 for the following reason—

75A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

76

Page 121, line 12, at end insert—

 

    “( )  

Before appointing an ordinary member, the Lord Chancellor must

 

consult the Lord Chief Justice.”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 76 for the following reason—

76A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

77

Page 121, line 16, leave out “and Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 77 for the following reason—

77A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

81

Page 122, line 17, leave out “and Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 81 for the following reason—

81A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice


 
 

 

(  5  )

82

Page 123, line 6, leave out “with the concurrence of the Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 82 for the following reason—

82A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

83

Page 123, line 8, leave out “and Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 83 for the following reason—

83A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

84

Page 123, line 11, leave out “and Lord Chief Justice are” and insert “is”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 84 for the following reason—

84A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

85

Page 123, line 21, leave out sub-paragraph (5)

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 85 for the following reason—

85A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

86

Page 123, line 23, leave out “the Lord Chancellor and Lord Chief Justice remove”

 

and insert “removing”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 86 for the following reason—

86A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

87

Page 123, line 24, leave out from “member” to end of line 25 and insert “under sub-

 

paragraph (1)(b), the Lord Chancellor must consult—

 

(a)    

the Lord Chief Justice, and

 

(b)    

if the ordinary member is not the chairman, the chairman.”


 
 

 

(  6  )

 
 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 87 for the following reason—

87A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice

88

Page 123, line 26, leave out “and Lord Chief Justice”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree with Commons Amendment 88 for the following reason—

88A

Because it is appropriate that the appointment and removal from office of the chairman and

 

ordinary members of the Legal Services Board should be subject to the concurrence of the

 

Lord Chief Justice


 
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Revised 19 October 2007