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 21 — Minor and consequential amendments
297

12
In section 84 (unregistered persons not to be described as registered trade
mark agents)—
(a)
in subsection (1)—
(i)
for “agent” (in the first place) substitute “attorney”,
(ii)
in paragraph (a) after “agent”” insert “or registered trade
5
mark attorney”, and
(iii)
in paragraph (b) after “agent” insert “or a registered trade
mark attorney”,
(b)
in subsection (2)—
(i)
in paragraph (a) after “agent”” insert “or registered trade
10
mark attorney”, and
(ii)
in paragraph (b) after “agents”” insert “or registered trade
mark attorneys”,
(c)
in subsection (3)—
(i)
in paragraph (a) after “agent”” insert “or registered trade
15
mark attorney”, and
(ii)
in paragraph (b) after “agent” insert “or a registered trade
mark attorney”.
13
In section 86 (use of the term “trade mark attorney”) in subsection (1) for
“agent” substitute “attorney”.
20
14
In section 87 (privilege for communications with registered trade mark
agents)—
(a)
in subsection (2) for “agent” (in both places) substitute “attorney”,
and
(b)
in subsection (3)—
25
(i)
for “agent” (in each place) substitute “attorney”, and
(ii)
for “agents” substitute “attorneys”.
15
In section 88 (power of registrar to refuse to deal with certain agents)—
(a)
in paragraph (b) for “agents” substitute “attorneys”, and
(b)
in paragraph (c) for “agents” substitute “attorneys”.
30
16
In section 104 (index of defined expressions, in the entry for “registered trade
mark agent”—
(a)
for “agent” substitute “attorney”, and
(b)
for “(1)” substitute “(2)”.
Access to Justice Act 1999 (c. 22)
35
17
In section 46 of the Access to Justice Act 1999 (Bar practising certificates)—
(a)
omit subsection (2)(b) and the “but” immediately preceding it, and
(b)
omit subsections (3) to (6).
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
18
In section 343 of the Income Tax (Earnings and Pensions) Act 2003
40
(deduction for professional membership fees), in the table in subsection
(2)—
(a)
for “patent agent” and “patent agents” (in each place) substitute
“patent attorney” and “patent attorneys” respectively, and

Legal Services Bill [HL]
Schedule 22 — Transitional provision
298

(b)
for “trade mark agent” and “trade mark agents” (in each place)
substitute “trade mark attorney” and “trade mark attorneys”
respectively.
Schedule 22
Section 199

Transitional provision
5
Approved regulators
1     (1)
Sub-paragraph (2) applies where during the pre-commencement period—
(a)
an Order in Council is made designating a body as an authorised
body for the purposes of section 27 of the Courts and Legal Services
Act 1990 (c. 41) (rights of audience) and that body’s qualification
10
regulations and rules of conduct (within the meaning of that section)
have been approved for the purposes of that section,
(b)
an Order in Council is made designating a body as an authorised
body for the purposes of section 28 of that Act (right to conduct
litigation) and that body’s qualification regulations and rules of
15
conduct (within the meaning of that section) have been approved for
the purposes of that section,
(c)
an order is made under paragraph 4 of Schedule 9 to that Act
(approval of body to grant exemption from prohibition on
preparation of probate papers etc), or
20
(d)
regulations are made prescribing a body for the purposes of section
113 of that Act (administration of oaths and taking of affidavits).
      (2)
The Secretary of State may by order modify the Table in paragraph 1 of
Schedule 4 (existing regulators) so as—
(a)
to insert, in the first column, a reference to the body and, in the
25
second column, a reference to the relevant activities, or
(b)
if the body is already listed in the first column, to add a reference to
the relevant activities to the corresponding entry in the second
column.
      (3)
Sub-paragraph (4) applies where during the pre-commencement period—
30
(a)
an Order in Council is made revoking the designation of a body as
an authorised body for the purposes of section 27 of the Courts and
Legal Services Act 1990,
(b)
an Order in Council is made revoking the designation of a body as
an authorised body for the purposes of section 28 of that Act,
35
(c)
an order is made under paragraph 6 of Schedule 9 to that Act
revoking a body’s approval, or
(d)
regulations prescribing a body for the purposes of section 113 of that
Act are revoked.
      (4)
The Secretary of State may by order modify the Table in paragraph 1 of
40
Schedule 4 so as to—
(a)
remove any reference to the relevant activities from the entry in the
second column of that Table corresponding to the entry for the body
in the first column, and

Legal Services Bill [HL]
Schedule 22 — Transitional provision
299

(b)
if there are no other activities in that entry in the second column,
remove the reference to the body from the first column of that Table.
      (5)
An order under sub-paragraph (2) in relation to a body may—
(a)
in a case within sub-paragraph (1)(a) or (b), modify Part 1 of
Schedule 5 (authorised persons: continuity of rights) so as to ensure
5
the continuity of any authority given by the body to a person to
exercise rights of audience or, as the case may be, to conduct
litigation;
(b)
in a case within sub-paragraph (1)(c), modify Part 1 of that Schedule
(authorised persons: continuity of rights) to provide for exemptions
10
granted by a body by virtue of section 55 of the Courts and Legal
Services Act 1990 (c. 41) (persons exempt from prohibition on
preparation of probate papers etc) which have effect immediately
before paragraph 1 of Schedule 4 comes into force to be deemed to be
authorisations to carry on probate activities granted by that body at
15
the time that paragraph comes into force;
(c)
in a case within sub-paragraph (1)(d), modify that Part, to provide
during the transitional period for members of the body to be deemed
to be authorised by the body to carry on the administration of oaths.
      (6)
An order under sub-paragraph (4) in relation to a body may—
20
(a)
in a case within sub-paragraph (3)(a) or (b), modify Part 1 of
Schedule 5 (authorised persons: continuity of rights) so as to remove
provision made to ensure the continuity of any authority given by
the body to a person to exercise rights of audience or, as the case may
be, to conduct litigation;
25
(b)
in a case within sub-paragraph (3)(c), modify Part 2 of that Schedule
so as to remove any provision deeming persons to have been
authorised by the body to carry on probate activities;
(c)
in a case within sub-paragraph (3)(d), modify that Part so as to
remove any provision deeming persons to have been authorised by
30
the body to carry on the administration of oaths.
      (7)
No order under this paragraph may be made after the end of the pre-
commencement period.
      (8)
In this paragraph—
“pre-commencement period” means the period before the coming into
35
force of paragraph 1 of Schedule 4 (including any period before the
passing of this Act);
“relevant activities” means—
(a)
in a case within sub-paragraph (1)(a) or (3)(a), the exercise of
a right of audience;
40
(b)
in a case within sub-paragraph (1)(b) or (3)(b), the conduct of
litigation;
(c)
in a case within sub-paragraph (1)(c) or (3)(c), probate
activities;
(d)
in a case within sub-paragraph (1)(d) or (3)(d), the
45
administration of oaths;
“the transitional period” has the meaning given by paragraph 3 of
Schedule 5.

Legal Services Bill [HL]
Schedule 22 — Transitional provision
300

Licensed Conveyancers
2     (1)
In this paragraph the transitional period means the period which—
(a)
begins with the day on which paragraph 24 of Schedule 17 (which
amends Schedule 3 to the Administration of Justice Act 1985 (c. 61))
comes into force, and
5
(b)
ends with the day on which members of the new Council are first
appointed in accordance with a scheme approved by the Legal
Services Board under Schedule 3 to that Act (as amended by that
paragraph).
      (2)
During the transitional period, the Council for Licensed Conveyancers is to
10
be constituted in accordance with Schedule 3 to that Act as it had effect
immediately before paragraph 24 of Schedule 17 came into force.
      (3)
The term of office of persons who are members of the Council for Licensed
Conveyancers by virtue of sub-paragraph (2) immediately before the end of
the transitional period ends at the same time as the transitional period.
15
3     (1)
This paragraph applies to any licence issued by the Council for Licensed
Conveyancers under section 15 of the Administration of Justice Act 1985
which—
(a)
is endorsed under section 15(7) of that Act, and
(b)
is in force when paragraph 4(4) of Schedule 17 (which repeals
20
subsections (7) and (8) of section 15 of that Act (endorsement of
licences)) comes into force.
      (2)
Notwithstanding the repeal of those subsections, until the licence expires—
(a)
the licence continues to have effect in accordance with the
endorsement, and
25
(b)
rules made under section 15(8) continue to have effect in relation to
the licence.
Interim Chief Executive of the OLC
4     (1)
The Secretary of State may appoint a person as the Interim Chief Executive
of the OLC.
30
      (2)
The Interim Chief Executive is to be—
(a)
appointed on terms and conditions determined by the Secretary of
State, and
(b)
paid by the Secretary of State in accordance with provision made by
or under the terms of appointment.
35
      (3)
Appointment as the Interim Chief Executive does not confer the status of
Crown servant.
      (4)
In this paragraph—
“the first interim period” means the period which—
(a)
begins when sub-paragraph (5) comes into force, and
40
(b)
ends when the membership of the Board is first constituted in
accordance with paragraph 1 of Schedule 1;
“the second interim period” means the period which—
(a)
begins when the membership of the Board is first constituted
in accordance with paragraph 1 of Schedule 1, and
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Legal Services Bill [HL]
Schedule 22 — Transitional provision
301

(b)
ends when the membership of the OLC is first constituted in
accordance with paragraph 1 of Schedule 15.
      (5)
The Interim Chief Executive may incur expenditure and do other things in
the name of and on behalf of the OLC—
(a)
from the beginning of the first interim period, and
5
(b)
after that time until the OLC determines otherwise.
      (6)
The things which may be done under sub-paragraph (5)—
(a)
include the appointment of staff under paragraph 11 of Schedule 15
and making arrangements for assistance under paragraph 15 of that
Schedule, but
10
(b)
do not include the appointment of an ombudsman under section 119
or the making of scheme rules.
      (7)
During the first interim period, the Interim Chief Executive must comply
with any supervisory directions given by the Secretary of State.
      (8)
During the second interim period, the Interim Chief Executive must comply
15
with any supervisory directions given by the Board.
      (9)
The supervisory directions are—
(a)
a direction requiring the Interim Chief Executive to provide the
person giving the direction with a report on, or information relating
to, such matters as are specified in the direction;
20
(b)
a direction requiring the Interim Chief Executive to obtain the
approval of the person giving the direction before incurring
expenditure in such circumstances as are specified in the direction;
(c)
any other direction relating to the exercise of the Interim Chief
Executive’s functions which the person giving the direction
25
considers appropriate.
     (10)
Paragraph 31 of Schedule 15 (exemption from liability in damages) applies
to the Interim Chief Executive as it applies to a member of the OLC.
Solicitors
5     (1)
Until such time as section 59(1) of the Constitutional Reform Act 2005 (c. 4)
30
comes into force, the reference in section 197(1), in the definition of
“solicitor”, to the Senior Courts is to be read as a reference to the Supreme
Court.
      (2)
Until such time as section 59(2) of that Act (renaming of Supreme Court of
Judicature of Northern Ireland as Court of Judicature of Northern Ireland)
35
comes into force, the references in sections 8(5) and 182(5)(e), paragraph
2(4)(f) of Schedule 1, paragraphs 1(10) and 2(6) of Schedule 3 and paragraph
2(3)(e) of Schedule 15 to the Court of Judicature of Northern Ireland are to
be read as references to the Supreme Court of Judicature of Northern
Ireland.
40
Recognised bodies
6     (1)
During the transitional period, any reference in sections 9, 9A, 32 or 32A of,
and Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61)
(recognition of legal services bodies and conveyancing services bodies) to an
authorised person is to be read as a reference to—
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Legal Services Bill [HL]
Schedule 22 — Transitional provision
302

(a)
a person who has in force a certificate issued by the General Council
of the Bar authorising the person to practise as a barrister,
(b)
a person who is qualified under section 1 of the Solicitors Act 1974
(c. 47) to act as a solicitor,
(c)
a recognised body under section 9 of the Administration of Justice
5
Act 1985 (c. 61),
(d)
a registered European lawyer (within the meaning of the European
Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119),
(e)
a person who has in force a certificate issued by the Institute of Legal
Executives authorising the person to practise as a legal executive,
10
(f)
licensed conveyancers (within the meaning of section 11(2) of the
Administration of Justice Act 1985),
(g)
a recognised body under section 32 of that Act (other than a
licensable body),
(h)
a duly certificated notary (within the meaning of paragraph 12(4) of
15
Schedule 5),
(i)
a registered patent attorney within the meaning given by section
275(1) of the Copyright, Designs and Patents Act 1988 (c. 48),
(j)
a patent attorney body (within the meaning of paragraph 13(7) of
Schedule 5), other than a licensable body,
20
(k)
a registered trade mark attorney within the meaning of the Trade
Marks Act 1994 (c. 26), or
(l)
a trade mark body (within the meaning of paragraph 15(7) of
Schedule 5), other than a licensable body.
      (2)
For this purpose “the transitional period” means the period which—
25
(a)
begins with the day on which sections 9, 9A, 32 and 32A of the
Administration of Justice Act 1985 (as amended and substituted by
Schedule 16) come into force, and
(b)
ends with the day appointed for the coming into force of section 13
(entitlement to carry on a reserved legal activity).
30