Legal Services Bill [HL]

House of Lords

Session 2006 - 07
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Other Bills before Parliament

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.