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Legal Services Bill [HL]


Legal Services Bill [HL]
Part 9 — General

110

 

Miscellaneous and supplementary

198     

Minor and consequential provision etc

(1)   

Schedule 21 contains minor and consequential amendments.

(2)   

The Secretary of State may by order make any supplementary, incidental or

consequential provision and any transitory, transitional or saving provision

5

which the Secretary of State considers necessary or expedient—

(a)   

for the general purposes, or any particular purpose, of this Act, or

(b)   

in consequence of any provision made by or under it or for giving full

effect to it.

(3)   

An order under this section may make provision amending, repealing or

10

revoking (with or without savings) any provision of—

(a)   

an Act passed before or in the same session as this Act, or

(b)   

an instrument made under an Act before the passing of this Act.

(4)   

An order under this section may make such adaptations of provisions of this

Act brought into force as appear to be necessary or expedient in consequence

15

of other provisions of this Act not yet having come into force.

(5)   

Provision made under this section is additional, and without prejudice, to that

made by or under any other provision of this Act.

199     

Transitional provision

Schedule 22 contains transitional provision.

20

200     

Repeals

Schedule 23 contains repeals (including repeals of spent provisions).

201     

Commencement

(1)   

This section and sections 198(2) to (5), 202 and 204 come into force on the day

this Act is passed.

25

(2)   

Subject to that, the provisions of this Act come into force on such day as may

be appointed by order of the Secretary of State.

202     

Extent

(1)   

Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2)   

Sections 186 and 187(1) and Schedule 20 extend to Scotland only (and, for the

30

purposes of those provisions, this Part also extends there).

(3)   

An amendment or repeal contained in this Act (and, for the purposes of such

an amendment or repeal, this Part) has the same extent as the enactment or

relevant part of the enactment to which the amendment or repeal relates.

203     

Index of defined expressions

35

Schedule 24 lists the places where expressions used in this Act are defined or

otherwise explained.

 
 

Legal Services Bill [HL]
Part 9 — General

111

 

204     

Short title

This Act may be cited as the Legal Services Act 2007.

 
 

112

Legal Services Bill [HL]
Schedule 1 — The Legal Services Board

 

Schedules

Schedule 1

Section 2

 

The Legal Services Board

Membership

1     (1)  

The Board is to consist of the following members—

5

(a)   

a chairman appointed by the Secretary of State,

(b)   

the Chief Executive of the Board (see paragraph 11), and

(c)   

at least 7, but not more than 10, other persons appointed by the

Secretary of State.

      (2)  

In this Schedule a reference to an “ordinary member” is a reference to a

10

member of the Board other than the Chief Executive.

      (3)  

The Secretary of State may by order amend sub-paragraph (1) by

substituting for the limit on the maximum number of persons for the time

being specified in paragraph (c) of that sub-paragraph a different limit.

2     (1)  

In appointing persons as ordinary members the Secretary of State must

15

ensure that a majority of the members of the Board are lay persons.

      (2)  

The first chairman must be a lay person.

      (3)  

It is a condition of the appointment of any subsequent chairman that the

person appointed must not during the appointment—

(a)   

carry on any activity which is a reserved legal activity,

20

(b)   

provide regulated claims management services (within the meaning

of Part 2 of the Compensation Act 2006 (c. 29)), or

(c)   

provide immigration advice or immigration services,

           

for or in expectation of any fee, gain or reward.

      (4)  

In this Schedule a reference to a “lay person” is a reference to a person who

25

has never been—

(a)   

an authorised person in relation to an activity which is a reserved

legal activity;

(b)   

a person authorised, by a person designated under section 5(1) of the

Compensation Act 2006, to provide services which are regulated

30

claims management services (within the meaning of that Act);

(c)   

an advocate in Scotland;

(d)   

a solicitor in Scotland;

(e)   

a member of the Bar of Northern Ireland;

(f)   

a solicitor of the Court of Judicature of Northern Ireland.

35

 

 

Legal Services Bill [HL]
Schedule 1 — The Legal Services Board

113

 

      (5)  

For the purposes of sub-paragraph (4), a person is deemed to have been an

authorised person in relation to an activity which is a reserved legal activity

if that person has before the appointed day been—

(a)   

a barrister;

(b)   

a solicitor;

5

(c)   

a public notary;

(d)   

a licensed conveyancer; or

(e)   

granted a right of audience or a right to conduct litigation in relation

to any proceedings by virtue of section 27(2)(a) or section 28(2)(a) of

the Courts and Legal Services Act 1990 (c. 41) (rights of audience and

10

rights to conduct litigation).

      (6)  

For the purpose of sub-paragraph (5)—

“appointed day” means the day appointed for the coming into force of

section 13;

“licensed conveyancer” has the meaning given by section 11(2) of the

15

Administration of Justice Act 1985 (c. 61).

3          

In appointing persons to be ordinary members, the Secretary of State must

have regard to the desirability of securing that the Board includes members

who (between them) have experience in or knowledge of—

(a)   

the provision of legal services;

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(b)   

legal education and legal training;

(c)   

consumer affairs;

(d)   

civil or criminal proceedings and the working of the courts;

(e)   

competition matters;

(f)   

the maintenance of the professional standards of persons who

25

provide legal services;

(g)   

the maintenance of standards in professions other than the legal

profession;

(h)   

the handling of complaints;

(i)   

commercial affairs;

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(j)   

non-commercial legal services;

(k)   

the differing needs of consumers;

(l)   

the provision of claims management services (within the meaning of

Part 2 of the Compensation Act 2006 (c. 29)).

Terms of appointment and tenure of members

35

4          

An ordinary member is to hold and vacate office in accordance with the

terms and conditions of that member’s appointment (subject to this

Schedule).

5     (1)  

An ordinary member must be appointed for a fixed period.

      (2)  

The period for which an ordinary member is appointed must not exceed 5

40

years.

      (3)  

A person who has held office as an ordinary member may be re-appointed,

once only, for a further period (whether consecutive or not) not exceeding 5

years.

 

 

Legal Services Bill [HL]
Schedule 1 — The Legal Services Board

114

 

6          

If an ordinary member who is a lay person becomes a person within

paragraphs (a) to (f) of paragraph 2(4) that person ceases to be a member of

the Board.

7     (1)  

An ordinary member may at any time—

(a)   

resign from office by giving notice to the Secretary of State;

5

(b)   

be removed from office by the Secretary of State.

      (2)  

The Secretary of State may not under sub-paragraph (1)(b) remove an

ordinary member from office unless sub-paragraph (3) or (4) applies.

      (3)  

This sub-paragraph applies if the Secretary of State is satisfied that the

member—

10

(a)   

has failed without reasonable excuse to discharge the functions of the

office for a continuous period of at least 6 months,

(b)   

has been convicted of an offence,

(c)   

is an undischarged bankrupt, or

(d)   

is otherwise unfit to hold the office or unable to discharge its

15

functions.

      (4)  

This sub-paragraph applies if the member is the chairman and has breached

the condition imposed on his appointment by paragraph 2(3).

      (5)  

Before removing any ordinary member (other than the chairman) under

sub-paragraph (1)(b), the Secretary of State must consult the chairman.

20

      (6)  

The Secretary of State may not remove an ordinary member on the ground

mentioned in paragraph (a) of sub-paragraph (3) more than 3 months after

the end of the period mentioned in that paragraph.

8          

The chairman ceases to be chairman upon ceasing to be a member of the

Board.

25

9          

Where a person ceases to be employed as Chief Executive, that person ceases

to be a member of the Board.

Remuneration etc of members

10         

The chairman and other ordinary members are to be paid by the Board in

accordance with provision made by or under their terms of appointment.

30

Staff

11         

The Board must appoint a person as its Chief Executive.

12         

The Board may appoint such other staff as it considers appropriate to assist

in the performance of its functions.

13         

The Chief Executive and other staff are to be—

35

(a)   

appointed on terms and conditions determined by the Board, and

(b)   

paid by the Board in accordance with provision made by or under

the terms of appointment.

14         

The terms and conditions on which the Chief Executive or any other member

of staff is appointed may provide for the Board to pay, or make payments

40

towards the provision of, a pension, allowance or gratuity to or in respect of

that person.

 

 

Legal Services Bill [HL]
Schedule 1 — The Legal Services Board

115

 

15         

A member of staff appointed under paragraph 12 may be a member (but not

chairman) of the Board.

Arrangements for assistance

16    (1)  

The Board may make arrangements with such persons as it considers

appropriate for assistance to be provided to it.

5

      (2)  

Arrangements may include the paying of fees to such persons.

Committees

17    (1)  

The Board may establish committees.

      (2)  

Any committee so established may establish sub-committees.

      (3)  

Only members of the Board may be members of a committee or sub-

10

committee.

      (4)  

A majority of the members of a committee or sub-committee must be lay

persons.

Proceedings

18    (1)  

The Board may regulate its own procedure, and the procedure of its

15

committees and sub-committees, including quorum.

      (2)  

But the quorum of a committee or sub-committee must not be less than 3.

      (3)  

The Board must publish any rules of procedure made under this paragraph.

      (4)  

This paragraph is without prejudice to any other power the Board has under

this Act to make rules.

20

19         

The validity of any act of the Board is not affected—

(a)   

by a vacancy in the office of chairman or amongst the other members,

or

(b)   

by a defect in the appointment or any disqualification of a person as

chairman or another member of the Board.

25

Delegation of functions

20    (1)  

The Board may authorise—

(a)   

the chairman, the Chief Executive or any other member of the Board,

(b)   

a committee or sub-committee of the Board, or

(c)   

a member of staff appointed under paragraph 12,

30

           

to exercise, on behalf of the Board, such of its functions, in such

circumstances, as it may determine.

      (2)  

A committee may delegate functions (including functions delegated to the

committee) to—

(a)   

a sub-committee,

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(b)   

the chairman, the Chief Executive or any other member of the Board,

or

(c)   

a member of staff appointed under paragraph 12.

      (3)  

Sub-paragraphs (1) and (2) are subject to—

 

 

Legal Services Bill [HL]
Schedule 1 — The Legal Services Board

116

 

(a)   

any provision made by an order under section 61 by virtue of section

63(2)(k) (powers to authorise the Board to delegate to any person

functions conferred on it in its capacity as an approved regulator),

and

(b)   

section 72(3)(a) (power to delegate to any person functions conferred

5

on the Board in its capacity as a licensing authority).

      (4)  

Sub-paragraph (1) does not apply to any power or duty the Board has to

make rules (other than excluded rules) under this Act.

      (5)  

In sub-paragraph (4) “excluded rules” means—

(a)   

rules of procedure made under paragraph 18 in relation to any

10

committee or sub-committee of the Board, and

(b)   

rules made by the Board in its capacity as an approved regulator or

a licensing authority.

Borrowing

21         

The Board is not to borrow money, except—

15

(a)   

with the consent of the Secretary of State, or

(b)   

in accordance with a general authorisation given by the Secretary of

State.

Accounts

22    (1)  

The Board must—

20

(a)   

keep proper accounts and proper records in relation to the accounts,

and

(b)   

prepare in respect of each financial year a statement of accounts.

      (2)  

Each statement of accounts must comply with any directions given by the

Secretary of State, with the approval of the Treasury, as to—

25

(a)   

the information to be contained in it and the manner in which it is to

be presented;

(b)   

the methods and principles according to which the statement is to be

prepared;

(c)   

the additional information (if any) which is to be provided for the

30

information of Parliament.

      (3)  

The Board must give a copy of each statement of accounts—

(a)   

to the Secretary of State, and

(b)   

to the Comptroller and Auditor General,

           

before the end of the month of August next following the financial year to

35

which the statement relates.

      (4)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on each statement of accounts which is

received under sub-paragraph (3), and

(b)   

lay a copy of each statement and of the Comptroller and Auditor

40

General’s report before Parliament.

      (5)  

“Financial year” means—

(a)   

the period beginning with the day on which the Board is established

and ending with the next following 31 March, and

 

 

 
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