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Legal Services Bill [HL]


Legal Services Bill [HL]
Schedule 15 — The Office for Legal Complaints

215

 

Proceedings

17    (1)  

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

committees and sub-committees, including quorum.

      (2)  

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

      (3)  

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

5

      (4)  

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

this Act to make rules.

18         

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

(a)   

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

or

10

(b)   

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

chairman or another member of the OLC.

Delegation of functions

19    (1)  

The OLC may authorise—

(a)   

the chairman or any other member of the OLC,

15

(b)   

a committee or sub-committee of the OLC,

(c)   

an ombudsman, or

(d)   

a member of the OLC’s staff appointed under paragraph 11,

           

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

circumstances, as it may determine.

20

      (2)  

Sub-paragraph (1) does not apply to—

(a)   

the OLC’s functions under section 115(1) (annual report),

(b)   

the OLC’s functions under section 119 (appointment of Chief

Ombudsman and assistant ombudsmen),

(c)   

the OLC’s functions under paragraph 17 or 20 of this Schedule, or

25

(d)   

any power or duty the OLC has to make rules under this Part of this

Act.

      (3)  

A committee may delegate functions (including functions delegated to the

committee) to—

(a)   

a sub-committee,

30

(b)   

the chairman or any other member of the OLC,

(c)   

an ombudsman, or

(d)   

a member of the OLC’s staff appointed under paragraph 11.

Budget

20    (1)  

The OLC must, before the start of each financial year, adopt an annual

35

budget which has been approved by the Board.

      (2)  

The OLC may, with the approval of the Board, vary the budget for a financial

year at any time after its adoption.

      (3)  

The annual budget must include an indication of—

(a)   

the distribution of resources deployed in the operation of the

40

ombudsman scheme, and

 

 

Legal Services Bill [HL]
Schedule 15 — The Office for Legal Complaints

216

 

(b)   

the amounts of income of the OLC arising or expected to arise from

the operation of the scheme.

Land

21    (1)  

During the initial 5 year period, the OLC must not acquire or dispose of an

interest in land, except with the approval of the Secretary of State.

5

      (2)  

The initial 5 year period is the period of 5 years beginning with the day on

which the appointment of the first Interim Chief Executive under paragraph

4 of Schedule 22 takes effect or the day on which the first appointment of a

member of the OLC takes effect, whichever first occurs.

Borrowing

10

22    (1)  

The OLC must not borrow money, except—

(a)   

with the consent of the Board, or

(b)   

in accordance with a general authorisation given by the Board.

      (2)  

The Board may not consent or give a general authorisation for the purposes

of sub-paragraph (1), except with the consent of the Secretary of State.

15

Accounts

23    (1)  

The OLC must—

(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.

20

      (2)  

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

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

(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

25

prepared;

(c)   

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

information of Parliament.

      (3)  

The OLC must give a copy of each statement of accounts to the Board before

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

30

the statement relates.

      (4)  

The Board must give a copy of each statement received under sub-

paragraph (3)—

(a)   

to the Secretary of State, and

(b)   

to the Comptroller and Auditor General.

35

      (5)  

The Comptroller and Auditor General must—

(a)   

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

received under sub-paragraph (4), and

(b)   

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

General’s report before Parliament.

40

      (6)  

“Financial year” means—

 

 

Legal Services Bill [HL]
Schedule 15 — The Office for Legal Complaints

217

 

(a)   

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

and ending with the next following 31 March, and

(b)   

each successive period of 12 months.

Status

24    (1)  

The OLC is not to be regarded—

5

(a)   

as the servant or agent of the Crown, or

(b)   

as enjoying any status, immunity or privilege of the Crown.

      (2)  

Accordingly—

(a)   

the OLC’s property is not to be regarded as property of or held on

behalf of the Crown, and

10

(b)   

the staff appointed under paragraph 11 are not to be regarded as

servants or agents of the Crown or as enjoying any status, immunity

or privilege of the Crown.

Application of seal and proof of instruments

25         

The application of the seal of the OLC is to be authenticated by the signature

15

of any member of the OLC, or of its staff, who has been authorised (whether

generally or specifically) by the OLC for the purpose.

26         

Any contract or instrument which, if entered into or executed by an

individual, would not need to be under seal, may be entered into or executed

on behalf of the OLC by any person who has been authorised (whether

20

generally or specifically) by the OLC for the purpose.

27         

A document purporting to be duly executed under the seal of the OLC, or

signed on its behalf—

(a)   

is to be received in evidence, and

(b)   

is to be taken to be executed or signed in that way, unless the

25

contrary is proved.

Disqualification

28    (1)  

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (bodies of which all members are disqualified) at the appropriate

place insert—

30

“The Office for Legal Complaints.”

      (2)  

In Part 3 of that Schedule (other disqualifying offices) at the appropriate

place insert—

“The Chief Ombudsman or an assistant ombudsman appointed

under section 119 of the Legal Services Act 2007 (Chief

35

Ombudsman and assistant ombudsmen appointed for the

purposes of the ombudsman scheme).”

      (3)  

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (c. 25) (bodies of which all members are disqualified) at the

appropriate place insert—

40

“The Office for Legal Complaints.”

      (4)  

In Part 3 of that Schedule (other disqualifying offices) at the appropriate

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

218

 

place insert—

“The Chief Ombudsman or an assistant ombudsman appointed

under section 119 of the Legal Services Act 2007 (Chief

Ombudsman and assistant ombudsmen appointed for the

purposes of the ombudsman scheme).”

5

Freedom of information

29         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other

public bodies and offices which are public authorities) at the appropriate

place insert—

“The Office for Legal Complaints.”

10

Public records

30         

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public

records) at the appropriate place in Part 2 of the Table at the end of

paragraph 3 insert—

“The Office for Legal Complaints.”

15

Exemption from liability in damages

31    (1)  

This paragraph applies to—

(a)   

the OLC,

(b)   

a member of the OLC,

(c)   

an ombudsman, and

20

(d)   

a member of the OLC’s staff appointed under paragraph 11.

      (2)  

A person to whom this paragraph applies is not liable in damages for

anything done or omitted in the exercise or purported exercise of the

functions conferred on the person concerned by or by virtue of this or any

other enactment.

25

      (3)  

But sub-paragraph (2) does not apply—

(a)   

if it is shown that the act or omission was in bad faith, or

(b)   

so as to prevent an award of damages made in respect of an act or

omission on the ground that the act or omission was unlawful as a

result of section 6(1) of the Human Rights Act 1998 (c. 42).

30

Schedule 16

Section 170

 

The Law Society, solicitors, recognised bodies and foreign lawyers

Part 1

The Solicitors Act 1974 (c. 47)

1          

The Solicitors Act 1974 is amended in accordance with this Part of this

35

Schedule.

2          

In section 1A(c) (practising certificates: employed solicitors) omit “by the

Council of the Law Society”.

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

219

 

3          

In section 2 (training regulations)—

(a)   

in subsection (1) omit “, with the concurrence of the Secretary of

State, the Lord Chief Justice and the Master of the Rolls,”,

(b)   

in subsection (3)(a)—

(i)   

in sub-paragraph (i) omit “, whether by service under articles

5

or otherwise,”,

(ii)   

in sub-paragraph (v) omit “articles may be discharged or”,

and

(iii)   

in that sub-paragraph after “be” (in the second place) insert

“started or”, and

10

(c)   

omit subsections (4) and (5).

4          

In section 3 (admission as solicitor), in subsection (2)—

(a)   

for “Master of the Rolls” (in each place) substitute “Society”, and

(b)   

for “his” substitute “its”.

5          

In section 6 (keeping of the roll) omit subsections (2) to (4).

15

6          

In section 7 (entry of name and restoration of name struck off)—

(a)   

for paragraph (a) substitute—

“(a)   

of written evidence of admission of any person as a

solicitor by the Society,”, and

(b)   

for “Council” substitute “Society”.

20

7     (1)  

Section 8 (removal or restoration of name at solicitor’s request) is amended

as follows.

      (2)  

In subsection (2) for “Council” substitute “Society”.

      (3)  

In subsection (4) for “Master of the Rolls” substitute “High Court”.

      (4)  

After that subsection insert—

25

“(4A)   

The decision of the High Court on an appeal under subsection (4)

shall be final.”

      (5)  

Omit subsection (5).

8          

For sections 9 and 10 (applications for and issue of practising certificates)

substitute—

30

“9      

Applications for practising certificates

(1)   

A person whose name is on the roll may apply to the Society to be

issued with a practising certificate.

(2)   

An application must be—

(a)   

made in accordance with regulations under section 28, and

35

(b)   

accompanied by the appropriate fee.

(3)   

“The appropriate fee”, in relation to an application, means—

(a)   

any fee payable under subsection (1) of section 11 in respect

of the practising certificate applied for, and

(b)   

any additional fee payable under subsection (2) of that

40

section in respect of the application.

 

 

 
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