|
| |
|
| |
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 |
| |
| |
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, |
| |
| 10 |
(b) | by a defect in the appointment or any disqualification of a person as |
| |
chairman or another member of the OLC. |
| |
| |
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, |
| |
| |
(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 |
| |
| |
(3) | A committee may delegate functions (including functions delegated to the |
| |
| |
| 30 |
(b) | the chairman or any other member of the OLC, |
| |
| |
(d) | a member of the OLC’s staff appointed under paragraph 11. |
| |
| |
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 |
| |
|
| |
|
| |
|
(b) | the amounts of income of the OLC arising or expected to arise from |
| |
the operation of the scheme. |
| |
| |
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. |
| |
| 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 |
| |
| |
(a) | keep proper accounts and proper records in relation to the accounts, |
| |
| |
(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 |
| |
| |
(b) | the methods and principles according to which the statement is to be |
| 25 |
| |
(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 |
| |
(4) | The Board must give a copy of each statement received under sub- |
| |
| |
(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— |
| |
|
| |
|
| |
|
(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. |
| |
| |
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. |
| |
| |
(a) | the OLC’s property is not to be regarded as property of or held on |
| |
| 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 |
| |
| |
(a) | is to be received in evidence, and |
| |
(b) | is to be taken to be executed or signed in that way, unless the |
| 25 |
| |
| |
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 |
| |
| 30 |
“The Office for Legal Complaints.” |
| |
(2) | In Part 3 of that Schedule (other disqualifying offices) at the appropriate |
| |
| |
“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 |
| |
|
| |
|
| |
|
| |
“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 |
| |
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 |
| |
| |
“The Office for Legal Complaints.” |
| 10 |
| |
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 |
| |
| |
“The Office for Legal Complaints.” |
| 15 |
Exemption from liability in damages |
| |
31 (1) | This paragraph applies to— |
| |
| |
| |
| 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 |
| |
| 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 |
| |
| |
The Law Society, solicitors, recognised bodies and foreign lawyers |
| |
| |
The Solicitors Act 1974 (c. 47) |
| |
1 | The Solicitors Act 1974 is amended in accordance with this Part of this |
| 35 |
| |
2 | In section 1A(c) (practising certificates: employed solicitors) omit “by the |
| |
Council of the Law Society”. |
| |
|
| |
|
| |
|
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 |
| |
(ii) | in sub-paragraph (v) omit “articles may be discharged or”, |
| |
| |
(iii) | in that sub-paragraph after “be” (in the second place) insert |
| |
| 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 |
| |
| |
(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) |
| |
| |
| |
8 | For sections 9 and 10 (applications for and issue of practising certificates) |
| |
| 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. |
| |
|
| |
|