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House of Lords

Session 2006 - 07 Internet Publications Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Constitutional Affairs,
are published separately as HL Bill 9—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Falconer of Thoroton has made the following statement under section
19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Legal Services Bill [HL] are compatible with the
Convention rights.
HL Bill 9                                                                                                54/2
Legal Services Bill [HL]
The Bill is divided into two Volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
Contents
Part 1
The regulatory objectives
1    The regulatory objectives
Part 2
The Legal Services Board
Constitution
2    The Legal Services Board
General functions
3    The Board’s duty to promote the regulatory objectives etc
4    Standards of regulation, education and training
5    Corporate governance
6    Annual report
7    Supplementary powers
Consumer Panel
8    The Consumer Panel
9    Committees and the procedure of the Consumer Panel
10    Representations by the Consumer Panel
11    Advice and research functions of the Consumer Panel
Part 3
Reserved legal activities
Reserved legal activities
12    Meaning of “reserved legal activity” and “legal activity”
HL Bill 9                                                                                                54/2
Legal Services Bill [HL] ii
Carrying on the activities
13    Entitlement to carry on a reserved legal activity
Offences
14    Offence to carry on a reserved legal activity if not entitled
15    Carrying on of a reserved legal activity: employers and employees etc
16    Offence to pretend to be entitled
Interpretation
17    Authorised persons
18    Exempt persons
19    Approved regulators and relevant approved regulators
20    Regulatory arrangements
Continuity of existing rights and transitional protection
21    Continuity of existing rights to carry on reserved legal activities
22    Transitional protection for non-commercial bodies
Alteration of reserved legal activities
23    Extension of the reserved legal activities
24    Provisional designation as approved regulators and licensing authorities
25    Recommendations that activities should cease to be reserved legal activities
Part 4
Regulation of approved regulators
Introductory
26    Regulatory and representative functions of approved regulators
General duties of approved regulators
27    Approved regulator’s duty to promote the regulatory objectives etc
Separation of regulatory and representative functions
28    Prohibition on the Board interfering with representative functions
29    Rules relating to the exercise of regulatory functions
Performance targets
30    Performance targets and monitoring
Directions
31    Directions
32    Directions: procedure
33    Enforcement of directions
Legal Services Bill [HL] iii
Censure
34    Public censure
35    Public censure: procedure
Financial penalties
36    Financial penalties
37    Financial penalties: procedure
38    Appeals against financial penalties
39    Recovery of financial penalties
Intervention
40    Intervention directions
41    Intervention directions: further provision
42    Intervention directions: enforcement
43    Revocation of intervention directions
Cancellation of approval
44    Cancellation of designation as approved regulator
45    Cancellation of designation: further provision
46    The Board’s power to recommend orders made under section 45
47    Cancellation of designation: powers of entry etc
Policy statements
48    The Board’s policy statements
49    Policy statements: procedure
Practising fees
50    Control of practising fees charged by approved regulators
Regulatory conflict
51    Regulatory conflict with approved regulators
52    Modification of provision made about regulatory conflict
53    Regulatory conflict with other regulatory regimes
Information
54    Provision of information to the Board
55    Enforcement of notices under section 54
Competition
56    Reports by the OFT
57    The Board’s response to OFT report
58    Referral of report by the Secretary of State to the Competition Commission
59    Duties of the Competition Commission
60    Secretary of State’s power to give directions
Legal Services Bill [HL] iv
The Board as approved regulator
61    The Board as an approved regulator
62    The Board’s designation under section 61(1)(a)
63    Modification of the Board’s functions under section 61(1)(b)
64    Cancellation of the Board’s designation under section 61(1)(c)
65    The Board’s power to recommend orders made under section 61
66    Effect of the Board’s designation as an approved regulator
67    Regulatory conflict and the Board as approved regulator
Functions of approved regulators etc
68    Modification of the functions of approved regulators etc
69    Procedural requirements relating to recommendations under section 68
Part 5
Alternative business structures
Introductory
70    Carrying on of activities by licensed bodies
71    “Licensable body”
Licensing authorities
72    Licensing authorities and relevant licensing authorities
73    Designation of approved regulator as licensing authority
74    Automatic cancellation of designation as licensing authority
75    Cancellation of designation as licensing authority by order
76    Cancellation of designation: further provision
77    The Board’s power to recommend orders made under section 76
78    Cancellation of designation: powers of entry etc
Appeals
79    Functions of appellate bodies
80    Procedural requirements relating to recommendations under section 79
Licensing rules
81    Licensing rules
Licensing
82    Application for licence
83    Terms of licence
84    Modification of licence
85    Registers of licensed bodies
86    Evidence of status
Ownership of licensed bodies
87    Ownership of licensed bodies
Legal Services Bill [HL] v
Regulation of licensed bodies
88    Duties of non-authorised persons
89    Duties of Head of Legal Practice
90    Duties of Head of Finance and Administration
91    Information
92    Enforcement of notices under section 91
93    Financial penalties
94    Appeals against financial penalties
95    Recovery of financial penalties
96    Referral of employees etc to appropriate regulator
97    Disqualification
98    Lists of disqualified persons
99    Suspension and revocation of licence
100    Intervention
101    Regulatory conflict and the Board as licensing authority
102    Prevention of regulatory conflict: accounts rules
Special kinds of body
103    Trade union exemptions
104    Power to modify application of licensing rules etc to special bodies
105    Modifications under section 104: supplementary
106    “Low risk body”
107    Foreign bodies
Interpretation
108    Interpretation of Part 5
Part 6
Legal Complaints
Complaints procedures of authorised persons
109    Complaints procedures of authorised persons
Overview of the scheme
110    Overview of the scheme
The Office for Legal Complaints
111    The Office for Legal Complaints
112    The ombudsman scheme
113    General obligations
114    Corporate governance
115    Annual report
116    Supplementary powers
117    Reporting to the Board
118    Performance targets and monitoring

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