Legal Services Bill [HL]

House of Lords

Session 2006 - 07
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Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 18 — Immigration advice and immigration services
Part 3 — Transitional provision
290

(b)
ends with the day appointed by the Secretary of State by order for the
purposes of this paragraph.
      (2)
Different days may be appointed under sub-paragraph (1)(b) for different
purposes.
      (3)
An order may be made under sub-paragraph (1)(b) only on the
5
recommendation of the Board.
Barristers
18    (1)
During the transitional period, every barrister is deemed to be authorised by
the General Council of the Bar to provide immigration advice and
immigration services.
10
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the General Council of the Bar.
      (3)
A person is not authorised under sub-paragraph (1) unless the person has in
force a certificate issued by the General Council of the Bar authorising the
person to practise as a barrister.
15
19    (1)
During the transitional period, every registered European lawyer registered
with the Inns of Court and the General Council of the Bar is deemed to be
authorised by the General Council of the Bar to provide immigration advice
and immigration services if the registered European lawyer is entitled to
provide immigration advice and immigration services under his home
20
professional title by virtue of the European regulations.
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the General Council of the Bar (as they apply to
the registered European lawyer by virtue of the European regulations).
      (3)
In this paragraph—
25
“European regulations” means the European Communities (Lawyer’s
Practice) Regulations 2000 (S.I. 2000/1119);
“home professional title” and “registered European lawyer” have the
same meaning as in the European regulations.
Solicitors
30
20    (1)
During the transitional period, every qualified solicitor is deemed to be
authorised by the Law Society to provide immigration advice and
immigration services.
      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the Law Society.
35
      (3)
“Qualified solicitor” means a person who is qualified under section 1 of the
Solicitors Act 1974 (c. 47) to act as a solicitor.
21    (1)
During the transitional period, every registered European lawyer registered
with the Law Society is deemed to be authorised by the Law Society to
provide immigration advice and immigration services if the registered
40
European lawyer is entitled to provide immigration advice and immigration
services under his home professional title by virtue of the European
regulations.

Legal Services Bill [HL]
Schedule 19 — Claims management services
291

      (2)
That authority is exercisable in accordance with, and subject to, the
regulatory arrangements of the Law Society (as they apply to the registered
European lawyer by virtue of the European regulations).
      (3)
In this paragraph—
“European regulations” means the European Communities (Lawyer’s
5
Practice) Regulations 2000 (S.I. 2000/1119);
“home professional title” and “registered European lawyer” have the
same meaning as in the European regulations.
Legal Executives
22    (1)
During the transitional period, a person who is authorised by the Institute of
10
Legal Executives to practise as a member of the profession of legal
executives is deemed to be authorised by that Institute to provide
immigration advice and immigration services.
      (2)
That authority is exercisable in accordance with and subject to the regulatory
arrangements of the Institute of Legal Executives.
15
      (3)
A person is not authorised under sub-paragraph (1) unless the person has in
force a certificate issued by the Institute of Legal Executives authorising the
person to practise as a legal executive.
Schedule 19
Section 179

Claims management services
20
1
The Compensation Act 2006 (c. 29) is amended in accordance with this
Schedule.
2     (1)
Section 4 (provision of regulated claims management services) is amended
as follows.
      (2)
After subsection (2) insert—
25
“(2A)
The Secretary of State may not make an order under subsection (2)(e)
unless—
(a)
it is made in accordance with a recommendation made by the
Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
30
about the making of the order.”
3     (1)
Section 5 (the Regulator) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
The Secretary of State may designate a person only on the
recommendation of the Legal Services Board.”
35
      (3)
In subsection (2) for “The Secretary of State may designate a person”
substitute “The Legal Services Board may recommend a person for
designation”.
      (4)
Omit subsection (3).

Legal Services Bill [HL]
Schedule 19 — Claims management services
292

      (5)
In subsection (4)—
(a)
in paragraphs (a), (b), (d) and (e) for “Secretary of State” substitute
“Legal Services Board”, and
(b)
omit paragraph (c).
      (6)
In subsection (8) after “may” insert “, on the recommendation of the Legal
5
Services Board,”.
      (7)
In subsection (9) for “Secretary of State” substitute “Legal Services Board”.
      (8)
In subsection (10)—
(a)
after “may” insert “, on the recommendation of the Legal Services
Board,”, and
10
(b)
for “Secretary of State” (in the second place) substitute “Legal
Services Board”.
      (9)
After that subsection insert—
“(11)
In discharging any function by virtue of subsection (9) or (10), the
Legal Services Board must take such steps as are necessary to ensure
15
an appropriate financial and organisational separation between the
activities of the Board that relate to the carrying out of those
functions and the other activities of the Board.”
4
In section 6 (exemptions) after subsection (3) insert—
“(3A)
The Secretary of State may not make an order under subsection (1) or
20
(2) unless—
(a)
it is made in accordance with a recommendation made by the
Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the order.”
25
5     (1)
Section 7 (enforcement: offence) is amended as follows.
      (2)
In subsection (2)(b)—
(a)
in sub-paragraph (i) for “51 weeks” substitute “12 months”, and
(b)
in sub-paragraph (ii) for “level 5 on the standard scale” substitute
“the statutory maximum”.
30
      (3)
For subsection (3) substitute—
“(3)
In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 the reference in
subsection (2)(b)(i) to 12 months is to be read as a reference to 6
months.”
35
6     (1)
Section 8 (enforcement: the Regulator) is amended as follows.
      (2)
In subsection (5)—
(a)
after “the Regulator” (in the second place) insert “—
(a)
” , and
(b)
after “Part” insert “, and
40
(b)
to take possession of any written or electronic records
found on the search for the purposes of subsection

Legal Services Bill [HL]
Schedule 19 — Claims management services
293

(6).”
      (3)
After subsection (8) insert—
“(9)
The Secretary of State may not make regulations under subsection (8)
unless—
(a)
they are made in accordance with a recommendation made
5
by the Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the regulations.”
7
In section 9 (regulations), after subsection (2) insert—
“(2A)
The Secretary of State may not make regulations under this section
10
unless—
(a)
they are made in accordance with a recommendation made
by the Legal Services Board, or
(b)
the Secretary of State has consulted the Legal Services Board
about the making of the regulations.”
15
8     (1)
Section 11 (pretending to be authorised etc) is amended as follows.
      (2)
In subsection (4)(b)—
(a)
in sub-paragraph (i) for “51 weeks” substitute “12 months”, and
(b)
in sub-paragraph (ii) for “level 5 on the standard scale” substitute
“the statutory maximum”.
20
      (3)
For subsection (6) substitute—
“(6)
In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 the reference in
subsection (4)(b)(i) to 12 months is to be read as a reference to 6
months.”
25
9
In section 13 (appeals and references to Claims Management Services
Tribunal), in subsection (4) for “against” substitute “on a point of law arising
from”.
10
In section 14 (interpretation), in the definition of “the Regulator” for
“Secretary of State” substitute “Legal Services Board”.
30
11    (1)
The Schedule (claims management regulations) is amended as follows.
      (2)
In paragraph 5(3)(a) for “, guidance or a code given or issued” substitute “or
guidance given”.
      (3)
In paragraph 7—
(a)
in paragraph (e) for “Secretary of State” substitute “Legal Services
35
Board”,
(b)
in paragraph (g)—
(i)
for “Secretary of State” substitute “Legal Services Board”, and
(ii)
after “Fund” insert “after consultation with the Secretary of
State”.
40
      (4)
In paragraph 8(2)(a)(ii) for “Secretary of State” substitute “Legal Services
Board”.

Legal Services Bill [HL]
Schedule 20 — Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2006
294

      (5)
In paragraph 9(2)(a)(ii) for “Secretary of State” substitute “Legal Services
Board”.
      (6)
In paragraph 14, in sub-paragraph (2) for “to enter” to the end substitute—
“(a)
to enter and search premises on which a person conducts
or is alleged to conduct regulated claims management
5
business, for the purposes of—
(i)
investigating a complaint about the activities of an
authorised person, or
(ii)
assessing compliance with terms and conditions of
an authorisation, and
10
(b)
to take possession of written or electronic records found on
the search for the purposes of taking copies in accordance
with regulations under sub-paragraph (3).”
Schedule 20
Section 186

Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act
15
2006
Solicitors (Scotland) Act 1980 (c. 46)
1     (1)
The Solicitors (Scotland) Act 1980 is amended as follows.
      (2)
In section 3A(5), omit paragraphs (a) and (ad).
      (3)
In section 15(2)—
20
(a)
in paragraph (e), for “38” substitute “62A”, and
(b)
omit paragraph (j).
      (4)
In section 20(2), omit “, 53A(2)(ba)”.
      (5)
In section 24C(2)—
(a)
in paragraph (d), for “38” substitute “62A”, and
25
(b)
omit paragraph (i).
      (6)
In section 34, omit subsections (4), (4C) and (4D).
      (7)
Omit sections 38, 39, 42A and 42B.
      (8)
In section 42C—
(a)
in subsection (1)—
30
(i)
omit paragraphs (a) and (c),
(ii)
omit “to the solicitor or his firm or”, and
(iii)
omit “or, where” to the end,
(b)
in subsection (2), in paragraphs (a) and (b) omit (in each place)
“solicitor, firm or”,
35
(c)
in subsection (3)—
(i)
in paragraph (a), omit “the solicitor or his firm or, as the case
may be,”,
(ii)
in paragraph (b), omit “of which the solicitor” to “be,”,
(d)
in subsection (4), omit (in each place) “38,”, and
40
(e)
omit subsection (5).

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
295

      (9)
In section 51—
(a)
in subsection (2)—
(i)
omit “a solicitor may have been guilty” to “Fund) or”, and
(ii)
omit “or a solicitor” to “services”, and
(b)
omit subsection (2A).
5
     (10)
In section 52, in subsection (2)(aa) omit “42A(7) or”.
     (11)
In section 53, omit subsections (3), (8A) and (8B).
     (12)
Omit sections 53A, 53B and 53C.
     (13)
In section 54, omit subsections (1), (2B) and (2C).
     (14)
In section 55, omit subsection (8).
10
     (15)
Omit section 56A.
     (16)
In section 62A, in subsections (1) and (2) omit (in each place) “38,”.
     (17)
In section 65—
(a)
in subsection (1), omit the definition of “inadequate professional
services”, and
15
(b)
omit subsection (5).
     (18)
In Part 2 of Schedule 3, in paragraph 5(1), (2) and (3) omit (in each place)
“38,”.
     (19)
In Part 2 of Schedule 4—
(a)
in paragraph 9(a) and (b), omit (in each place) “or, as the case may be,
20
of provision of inadequate professional services”,
(b)
in paragraph 16, omit sub-paragraphs (f) and (g), and
(c)
in paragraph 23, omit “, 42A(7)”.
     (20)
In the side-note to section 62A, omit “38,”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
25
2
In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit
section 33.
Schedule 21
Section 198

Minor and consequential amendments
Commissioners for Oaths Act 1889 (c. 10)
30
1
In section 1 of the Commissioners for Oaths Act 1889, in subsection (3) omit
from “in which” (in the first place) to “solicitor, or”.
Race Relations Act 1976 (c. 74)
2
In Schedule 1A to the Race Relations Act 1976 (bodies and other persons
subject to general statutory duty), in Part 2, in the entry for the Chartered
35
Institute of Patent Agents, for “Agents” substitute “Attorneys”.

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
296

Patents Act 1977 (c. 37)
3
In section 102 of the Patents Act 1977 (rights of audience etc in proceedings
before the comptroller)—
(a)
after subsection (2) insert—
“(2A)
For the purposes of subsection (2), as it has effect in relation
5
to England and Wales, “the enactment relating to the
preparation of documents by persons not qualified” means
section 14 of the Legal Services Act 2007 (offence to carry on
a reserved legal activity if not entitled) as it applies in relation
to an activity which amounts to the carrying on of reserved
10
instrument activities within the meaning of that Act.”
(b)
for subsection (5) substitute—
“(5)
Nothing in this section is to be taken to limit any entitlement
to prepare deeds conferred on a registered patent attorney by
virtue of the Legal Services Act 2007.”
15
Copyright, Designs and Patents Act 1988 (c. 48)
4
The Copyright, Designs and Patents Act 1988 is amended in accordance with
paragraphs 5 to 9.
5
In section 276 (persons entitled to describe themselves as patent agents)—
(a)
in subsection (1) for “registered patent agent” substitute “registered
20
patent attorney”,
(b)
in subsection (4) for “agent” (in the second place) substitute
“attorney”.
6
In section 280 (privilege for communications with patent agents)—
(a)
in subsection (2) for “agent” (in both places) substitute “attorney”,
25
and
(b)
in subsection (3)—
(i)
for “agent” (in each place) substitute “attorney”, and
(ii)
for “agents” substitute “attorneys”.
7
In section 281 (power of comptroller to refuse to deal with certain agents) in
30
subsection (2) for “agents” (in both places) substitute “attorneys”.
8
In section 286 (interpretation)—
(a)
for “agent”” substitute “attorney””, and
(b)
for “(1)” substitute “(2)”.
9
Omit section 292.
35
Trade Marks Act 1994 (c. 26)
10
The Trade Marks Act 1994 is amended in accordance with paragraphs 11 to
16.
11
In section 52 (power to make provision in connection with Community trade
mark regulation), in subsection (3)(b) for “trade mark agents and registered
40
trade mark agents” substitute “trade mark attorneys and registered trade
mark attorneys”.