Legal Services Bill [HL]

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Part 9 — General
103

(5)
A justice of the peace may issue a warrant under this section if satisfied, on
information on oath given by a weights and measures officer, that there is
reasonable cause to believe that a relevant offence may have been committed
and that—
(a)
entry to the premises concerned, or production of any documents
5
which may be relevant to an investigation of the relevant offence, has
been or is likely to be refused to a weights and measures officer, or
(b)
there is reasonable cause to believe that, if production of any such
document were to be required by the weights and measures officer
without a warrant having been issued under this section, the document
10
would not be produced but would be removed from the premises or
hidden, tampered with or destroyed.
(6)
A warrant issued under this section must authorise the weights and measures
officer accompanied, where that officer considers it appropriate, by a constable
or other person—
15
(a)
to enter the premises specified in the information, using such force as is
reasonably necessary, and
(b)
to exercise any of the powers given to the weights and measures officer
by subsection (3).
(7)
It is an offence for a person (“P”)—
20
(a)
intentionally to obstruct a weights and measures officer in the exercise
of any power under this section;
(b)
intentionally to fail to comply with any requirement properly imposed
on P by a weights and measures officer in the exercise of any such
power;
25
(c)
to fail, without reasonable excuse, to give a weights and measures
officer any assistance or information which the weights and measures
officer may reasonably require of P for the purpose of exercising any
such power; or
(d)
in giving to a weights and measures officer any information which P
30
has been required to give a weights and measures officer exercising any
such power, to make any statement which P knows to be false or
misleading in a material particular.
(8)
A person who is guilty of an offence under subsection (7) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
35
(9)
Nothing in this section is to be taken to require any person to answer any
question put to that person by a weights and measures officer, or to give any
information to such an officer, if to do so might incriminate that person.
Notices etc
190
Notices and directions
40
(1)
A requirement or power under this Act to give a notice (or to notify) is a
requirement or power to give notice in writing.
(2)
A requirement or power under this Act to give a direction (or to direct) is a
requirement or power to give a direction in writing.
(3)
Any power conferred by this Act to give a direction includes power to revoke
45
the direction.

Legal Services Bill [HL]
Part 9 — General
104

(4)
Subsection (3) does not apply to the power conferred on an ombudsman to give
a direction under section 134 (directions on a determination of a complaint).
191
Documents
(1)
In this Act “document” includes anything in which information is recorded in
any form.
5
(2)
In relation to a document in which information is recorded otherwise than in a
legible form, any reference to the production of the document is a reference to
the production of the information in a legible form or in a form from which it
can readily be produced in a legible form.
192
The giving of notices, directions and other documents
10
(1)
This section applies where provision made (in whatever terms) by or under
this Act authorises or requires a notice, direction or any other document
(including a copy of a document) to be given to a person.
(2)
The notice, direction or document may be given to the person—
(a)
by delivering it to the person,
15
(b)
by leaving it at the person’s proper address, or
(c)
by sending it by post to the person at that address.
(3)
The notice, direction or document may be given to a body corporate by being
given to the secretary or clerk of that body.
(4)
The notice, direction or document may be given to a partnership by being
20
given to—
(a)
a partner in the partnership, or
(b)
a person having the control or management of the partnership
business.
(5)
The notice, direction or document may be given to any other unincorporated
25
body by being given to a member of the governing body of the unincorporated
body.
(6)
For the purposes of this section, and section 7 of the Interpretation Act 1978 (c.
30) (service of documents by post) in its application to this section, the proper
address of a person is—
30
(a)
in the case of a body corporate, the address of the registered or
principal office of the body;
(b)
in the case of a partnership, or any other unincorporated body, the
address of the principal office of the partnership or body;
(c)
in the case of a person to whom the notice or other document is given
35
in reliance on any of subsections (3) to (5), the proper address of the
body corporate, partnership or other unincorporated body in question;
(d)
in any other case, the last known address of the person in question.
(7)
In the case of—
(a)
a company registered outside the United Kingdom,
40
(b)
a partnership carrying on business outside the United Kingdom, or
(c)
any other unincorporated body with offices outside the United
Kingdom,

Legal Services Bill [HL]
Part 9 — General
105


the references in subsection (6) to its principal office include references to its
principal office within the United Kingdom (if any).
(8)
This section has effect subject to section 193 (notices, directions and documents
in electronic form).
193
The giving of notices, directions and other documents in electronic form
5
(1)
This section applies where—
(a)
section 192 authorises the giving of a notice, direction or other
document by its delivery to a particular person (“the recipient”), and
(b)
the notice, direction or other document is transmitted to the recipient—
(i)
by means of an electronic communications network, or
10
(ii)
by other means but in a form that nevertheless requires the use
of apparatus by the recipient to render it intelligible.
(2)
The transmission has effect for the purposes of this Act as a delivery of the
notice, direction or other document to the recipient, but only if the
requirements imposed by or under this section are complied with.
15
(3)
Where the recipient is the Board, the OLC or an ombudsman—
(a)
the recipient must have indicated its willingness to receive the notice,
direction or other document in a manner mentioned in subsection
(1)(b),
(b)
the transmission must be made in such manner, and satisfy such other
20
conditions as the recipient may require, and
(c)
the notice, direction or other document must take such form as the
recipient may require.
(4)
Where the person making the transmission is the Board, the OLC or an
ombudsman, that person may (subject to subsection (5)) determine—
25
(a)
the manner in which the transmission is made, and
(b)
the form in which the notice, direction or other document is
transmitted.
(5)
Where the recipient is a person other than the Board, the OLC or an
ombudsman—
30
(a)
the recipient, or
(b)
the person on whose behalf the recipient receives the notice, direction
or other document,

must have indicated to the person making the transmission the recipient’s
willingness to receive notices, directions or other documents transmitted in the
35
form and manner used.
(6)
An indication to any person for the purposes of subsection (5)—
(a)
must be given to that person in such manner as that person may
require;
(b)
may be a general indication or one that is limited to notices or
40
documents of particular descriptions;
(c)
must state the address to be used and must be accompanied by such
other information as that person requires for the making of the
transmission;
(d)
may be modified or withdrawn at any time by a notice given to that
45
person in such manner as that person may require.

Legal Services Bill [HL]
Part 9 — General
106

(7)
An indication, requirement or determination given, imposed or made by the
Board, the OLC or an ombudsman for the purposes of this section is to be
given, imposed or made by being published by that person.
(8)
In this section “electronic communications network” has the same meaning as
in the Communications Act 2003 (c. 21).
5
Orders, rules etc
194
Orders, regulations and rules
(1)
Any order or regulations made by the Secretary of State under this Act must be
made by statutory instrument.
(2)
An instrument to which this subsection applies may—
10
(a)
provide for a person to exercise a discretion in dealing with any matter;
(b)
include incidental, supplementary and consequential provision;
(c)
make transitory or transitional provision and savings;
(d)
make provision generally or subject to exceptions or only in relation to
specified cases;
15
(e)
make different provision for different cases or circumstances or for
different purposes.
(3)
Subsection (2) applies to—
(a)
any order or regulations made by the Secretary of State,
(b)
any rules or regulations made by the Board, and
20
(c)
any rules made by the OLC,

under or by virtue of this Act.
195
Consultation requirements for rules
(1)
This section applies in relation to—
(a)
rules made by the Board under this Act, and
25
(b)
rules made by the OLC under Part 6,

other than excluded rules.
(2)
If the Board or the OLC (“the rule-making body”) proposes to make any rules,
it must publish a draft of the proposed rules.
(3)
The draft must be accompanied by a notice which states that representations
30
about the proposals may be made to the rule-making body within the period
specified in the notice.
(4)
Before making the rules, the rule-making body must have regard to any
representations duly made.
(5)
If the rules differ from the draft published under subsection (2) in a way which
35
is, in the opinion of the rule-making body, material, it must publish details of
the differences.
(6)
The rule-making body must publish any rules it makes, and rules may not take
effect before the time they are published.
(7)
The rule-making body may make a reasonable charge for providing a person
40
with a copy of—

Legal Services Bill [HL]
Part 9 — General
107

(a)
a draft published under subsection (2), or
(b)
rules published under subsection (6).
(8)
In this section “excluded rules” means—
(a)
rules of procedure made by the Board for the purposes of paragraph 18
of Schedule 1,
5
(b)
rules made by the Board in its capacity as an approved regulator or a
licensing authority, and
(c)
rules of procedure made by the OLC for the purposes of paragraph 17
of Schedule 15;

and references to making rules include references to modifying the rules and,
10
in relation to any modifications of rules, references to the proposed rules are to
be read as references to the proposed modifications.
(9)
This section is subject to section 153(3) (which disapplies this section to OLC
rules made in response to a Board direction under section 153(1)(b)).
196
Parliamentary control of orders and regulations
15
(1)
A statutory instrument containing an order or regulations made by the
Secretary of State under this Act is subject to annulment in pursuance of a
resolution of either House of Parliament.
(2)
Subsection (1) is subject to subsections (3) and (4).
(3)
Subsection (1) does not apply to an order if it contains only provision made
20
under one or more of the following—
(a)
section 22(3)(b) (day appointed as end of transitional period relating to
non-commercial bodies);
(b)
section 29(4) (appointed day before which first set of rules must be
made under section 29);
25
(c)
section 81(1)(a) (day appointed as beginning of 12 month period during
which Board must make licensing rules);
(d)
section 201 (commencement);
(e)
paragraph 3(1)(b) of Schedule 5 (day appointed as end of transitional
period during which rights conferred by virtue of Part 2 of that
30
Schedule);
(f)
paragraph 17(1)(b) of Schedule 18 (day appointed as end of transitional
period during which rights conferred by virtue of Part 3 of that
Schedule).
(4)
Subsection (1) does not apply to an order or regulations which contains
35
(whether alone or together with other provision) provision made under any of
the following—
(a)
section 23(1) (orders adding to reserved legal activities);
(b)
section 24(1) or (3) (provisional designation of approved regulators);
(c)
section 41(6) (regulations relating to warrants under section 41);
40
(d)
section 44(1) (cancellation of designation as approved regulator);
(e)
section 45 (transitional arrangements following cancellation under
section 44);
(f)
section 47(6) (regulations relating to warrants under section 47);
(g)
section 61(1) (power to designate Board as an approved regulator,
45
modify its functions or cancel its designation);

Legal Services Bill [HL]
Part 9 — General
108

(h)
section 68(1) (modification of functions of approved regulators);
(i)
section 75(1) (cancellation of designation as licensing authority);
(j)
section 76 (transitional arrangements following cancellation under
section 75);
(k)
section 78(6) (regulations relating to warrants under section 78);
5
(l)
section 104(1)(e) (power to prescribe bodies as bodies to which section
104 applies);
(m)
section 166(5)(c) (power to prescribe persons as leviable bodies);
(n)
section 198(3) (power to make consequential provision etc by amending
enactments);
10
(o)
paragraph 8(1) of Schedule 3 (modification of exempt persons);
(p)
paragraph 17 of Schedule 4 (designation of approved regulators);
(q)
paragraph 9 of Schedule 13 (power to modify definitions of “material
interest” and “associates”).
(5)
An order or regulations within subsection (4) may not be made unless a draft
15
of the order or regulations has been laid before, and approved by a resolution
of, each House of Parliament.
Interpretation
197
Interpretation
(1)
In this Act, except where the context otherwise requires—
20
“consumers” means (subject to subsection (3)) persons—
(a)
who use, have used or are or may be contemplating using,
services within subsection (2),
(b)
who have rights or interests which are derived from, or are
otherwise attributable to, the use of such services by other
25
persons, or
(c)
who have rights or interests which may be adversely affected by
the use of such services by persons acting on their behalf or in a
fiduciary capacity in relation to them;
“conveyancing services” has the same meaning as in Part 2 of the
30
Administration of Justice Act 1985 (c. 61) (licensed conveyancing) (see
section 11(3) of that Act);
“court” has the same meaning as in the Courts and Legal Services Act 1990
(c. 41) except that in this Act “court” includes any ecclesiastical court
(including the Court of Faculties);
35
“functions” includes powers and duties;
“immigration advice” and “immigration services” have the meaning
given by section 82 of the Immigration and Asylum Act 1999 (c. 33)
(interpretation of Part 5) (see also subsection (4) below);
“manager”, in relation to a body, means a person who—
40
(a)
if the body is a body corporate whose affairs are managed by its
members, is a member of the body,
(b)
if the body is a body corporate and paragraph (a) does not
apply, is a director of the body,
(c)
if the body is a partnership, is a partner, and
45
(d)
if the body is an unincorporated body (other than a
partnership), is a member of its governing body;

Legal Services Bill [HL]
Part 9 — General
109

“modify” includes amend, add to or revoke, and references to
“modifications” are to be construed accordingly;
“non-commercial legal services” means—
(a)
legal services carried on otherwise than with a view to profit;
(b)
legal services carried on by a not for profit body, a community
5
interest company or a trade union;
“not for profit body” means a body which, by or by virtue of its
constitution or any enactment—
(a)
is required (after payment of outgoings) to apply the whole of
its income, and any capital which it expends, for charitable or
10
public purposes, and
(b)
is prohibited from directly or indirectly distributing amongst its
members any part of its assets (otherwise than for charitable or
public purposes);
“the OFT” means the Office of Fair Trading;
15
“person” includes a body of persons (corporate or unincorporate);
“reserved legal services” means services provided by a person which
consist of or include reserved legal activities carried on by, or on behalf
of, that person;
“solicitor” means solicitor of the Senior Courts;
20
“trade union” means a trade union for the time being included in the list
of trade unions kept under section 2 of the Trade Union and Labour
Relations (Consolidation) Act 1992 (c. 52).
(2)
The services within this subsection are—
(a)
any services provided by a person who is an authorised person in
25
relation to an activity which is a reserved legal activity, and
(b)
any other services provided by a person which consist of or include a
legal activity carried on by, or on behalf of, that person.
(3)
For the purposes of the definition of “consumers” in subsection (1)—
(a)
if a person (“A”) is carrying on an activity in A’s capacity as a trustee,
30
the persons who are, have been or may be beneficiaries of the trust are
to be treated as persons who use, have used or are or may be
contemplating using services provided by A in A’s carrying on of that
activity, and
(b)
a person who deals with another person (“B”) in the course of B’s
35
carrying on of an activity is to be treated as using services provided by
B in carrying on that activity.
(4)
The references in this Act (other than section 186) to the provision of
immigration advice or immigration services are to the provision of such advice
or services by a person—
40
(a)
in England and Wales (regardless of whether the persons to whom they
are provided are in England and Wales or elsewhere), and
(b)
in the course of a business carried on (whether or not for profit) by the
person or another person.
(5)
In this section “enactment” means a provision of—
45
(a)
an Act of Parliament;
(b)
an Act of the Scottish Parliament;
(c)
a Measure or Act of the National Assembly for Wales;
(d)
Northern Ireland legislation.