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House of Commons

Wednesday 24th October 2007

Consideration of Lords Message

New Amendments handed in are marked thus

Legal Services Bill [Lords]

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Lords Amendment No. 4A

Bridget Prentice

To move, That this House does not insist on Commons Amendment No. 4 to which the Lords

have disagreed, disagrees to Lords Amendment No. 4A proposed in lieu of that Amendment and

proposes the following Amendments to the Bill in lieu of Lords Amendment No. 4A—

(a)

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 where—

(a)	the persons are provided with the relevant services by virtue of their

membership or former membership of P or of another person’s

membership or former membership of P, and

(b)	the services are excepted membership services.

(5B)	Subject to subsection (5C), “excepted membership services” means relevant

services which relate to or have a connection with—

(a)	relevant activities of a member, or former member, of the independent

trade union;

(b)	any other activities carried on for the purposes of or in connection with,

or arising from, such relevant activities;

(c)	any event which has occurred (or is alleged to have occurred) in the

course of or in connection with such relevant activities or activities

within paragraph (b);

(d)	activities carried on by a person for the purposes of or in connection with,

or arising from, the person’s membership of the independent trade union;

and such other relevant services as the Lord Chancellor may by order specify.

(5C)	The Lord Chancellor may by order make provision about the circumstances in

which relevant services do or do not relate to, or have a connection with, the

matters mentioned in paragraphs (a) to (d) of subsection (5B).’.

(b)

Page  7,  line  21,  after ‘subsection’ insert ‘(5B), (5C) or’.

Consideration of Lords Message: 24th October 2007

1874

Legal Services Bill [Lords], continued

(c)

Page  7,  line  24,  at end insert—

‘(9)	In subsection (5B), “relevant activities”, in relation to a person who is or was a

member of an independent trade union, means any employment (including self-

employment), trade, occupation or other activity to which the person’s

membership of the trade union relates or related.’.

Lords Amendment No. 15A

Bridget Prentice

To move, That this House disagrees to Lords Amendment No. 15A but proposes the following

Amendment in lieu thereof—

(a)

Line  10,  at end insert—

‘and, in preparing that statement, the Board must have regard to the principle that

the Board should not exercise any of those functions by reason of an act or

omission of an approved regulator unless the act or omission was unreasonable.’.

Lords Reasons Nos. 74A, 75A, 76A, 77A, 81A, 82A, 83A, 84A, 85A, 86A, 87A and 88A

Bridget Prentice

To move, That this House does not insist on Commons Amendments Nos. 74 to 77 and 81 to

88 to which the Lords have disagreed, but proposes the following Amendments to the Bill in lieu

of Commons Amendments Nos. 74 to 77 and 81 to 88—

(a)

Page  121      ,  line  6,  leave out ‘with the concurrence of the Lord Chief Justice’.

(b)

Page  121      ,  line  10,  leave out ‘with the concurrence of the Lord Chief Justice’.

(c)

Page  121      ,  line  12,  at end insert—

‘()	Before appointing an ordinary member, the Lord Chancellor must consult the

Lord Chief Justice about the process for appointment of the member and about

the person selected for appointment.’.

(d)

Page  121      ,  line  16,  leave out ‘and Lord Chief Justice’.

(e)

Page  122      ,  line  17,  leave out ‘and Lord Chief Justice’.

(f)

Page  123      ,  line  6,  leave out ‘with the concurrence of the Lord Chief Justice’.

(g)

Page  123      ,  line  8,  leave out ‘and Lord Chief Justice’.

Consideration of Lords Message: 24th October 2007

1875

Legal Services Bill [Lords], continued

(h)

Page  123      ,  line  11,  leave out ‘and Lord Chief Justice are’ and insert ‘is’.

(i)

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

(j)

Page  123      ,  line  23,  leave out ‘the Lord Chancellor and Lord Chief Justice remove’ and

insert ‘removing’.

(k)

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.’.

(l)

Page  123      ,  line  26,  leave out ‘and Lord Chief Justice’.

Order of the House [4th JUNE 2007]

That the following provisions shall apply to the Legal Services Bill [Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 28th June 2007.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

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Revised 24 October 2007