Legal Services Bill [HL]
REVISED
SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 11th December 2006, as follows—
Clauses 158 to 170
Schedule 16
Clauses 171 to 174
Schedule 17
Clauses 175 to 178
Schedule 18 | Clause 179
Schedule 19
Clauses 180 to 186
Schedule 20
Clauses 187 to 204
Schedules 21 to 24 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 139FA | Insert the following new Clause— |
| | Board's general duty to consult |
| | The Board must make and maintain effective arrangements for consulting representatives of practitioners and consumers on the extent to which its general policies and practices are consistent with its duty under section 3." |
| 139FB | Insert the following new Clause— |
| | Arrangements under section (Board's general duty to consult) must include consultation in advance of the Board settling its work-plan for each year, so as to obtain the views of persons consulted on— |
| (a) | the degree to which the Board's proposed activities are appropriately targeted on areas giving rise to the greatest regulatory concern, and |
| (b) | whether or not the proposed programme of work is proportionate, having regard to the need to avoid imposing unnecessary regulatory burdens." |
| | LORD FALCONER OF THOROTON |
| 139G | Page 84, line 7, after "persons" insert "(other than approved regulators) who exercise regulatory functions" |
| 139H | Insert the following new Clause— |
| (1) | The Secretary of State shall pay to the Board, and to the OLC, such sums as the Secretary of State may determine to be the costs falling within subsection (2) incurred by each of them in connection with the establishment of the Board and of the OLC respectively. |
| (2) | Costs fall within this section if they are incurred— |
| (a) | before the passing of this Act, or |
| (b) | after the passing of this Act but before the last day appointed under section 201(2) in respect of any of sections 2, 111 and 119. |
| (3) | There shall be met out of monies provided by Parliament any expenditure incurred by the Secretary of State in connection with the establishment of the Board or of the OLC." |
| 141A | Page 85, line 34, leave out paragraphs (a) to (c) and insert "the net leviable expenditure" |
| 142A | Page 85, line 40, at end insert— |
| "( ) | In apportioning or imposing a levy the Board shall have regard, inter alia, to— |
| (a) | the extent to which any resulting increase in the regulatory fees of a regulator will be reasonable and proportionate in comparison to the fees already levied on relevant regulated persons; |
| (b) | the extent to which the levy might discourage entry to or retention in the regulated sector; |
| (c) | the extent to which the number of persons regulated by a regulator might be reduced in consequence of the amount of the levy; |
| (d) | the extent to which the regulator might be disadvantaged and another regulator might derive an advantage, in particular through the movement between regulators of regulated persons as a consequence of any differences in the levy imposed; |
| (e) | the likely ability of the regulator to raise the levy from regulated persons; |
| (f) | the impact of the levy on the regulator's viability." |
| 142AA | Page 85, line 40, at end insert— |
| "( ) | In subsection (3), "fair principles" include the principle that the incidence of the levy— |
| (a) | as between the approved regulators and other leviable bodies, and |
| (b) | among the approved regulators, |
| | should bear a reasonable relationship to the relative extent to which each of the gross leviable Board expenditure and the gross leviable OLC expenditure is attributable to the carrying on of reserved legal activities by persons authorised by different approved regulators." |
| 142AB | Page 86, line 7, at end insert— |
| "(5A) | The "net leviable expenditure" means the amount derived by— |
| (a) | taking the aggregate of the gross leviable Board expenditure and the gross leviable OLC expenditure, and |
| (b) | subtracting from that aggregate such sum as the Secretary of State may specify by order. |
| (5B) | The sum referred to in subsection (5A)(b)— |
| (a) | shall be such sum as the Secretary of State, after consulting the Treasury, considers fair and reasonable in the circumstances, having regard to his best estimate (which shall be stated in the order made under that subsection) of the current value, in relation to the period to which the levy in question relates, of the expenditure that would have fallen upon public funds in relation to the regulation of legal services had this Act not been passed, and |
| (b) | shall not, in any event, be less than £5 million." |
| 142AC | Page 86, line 8, after first "The" insert ""gross" |
| 142B | Page 86, line 8, after "means" insert "two-thirds of" |
| 143 | Page 86, line 10, leave out "including" and insert "excluding" |
| 144 | Page 86, line 11, leave out "and" and insert "but including" |
| 144A | Page 86, line 18, after first "The" insert ""gross" |
| 145 | Page 86, line 20, leave out "including" and insert "excluding" |
| 145A | Page 86, line 24, leave out subsections (8) and (9) |
| 148 | Page 87, line 4, at end insert— |
| "( ) | A debt recovered under subsection (5) may only be recovered from practising fees held by a regulator." |
| 148A | Page 88, line 20, at end insert— |
| "( ) | The duty to comply with regulatory arrangements overrides any obligations which a person may have, including to shareholders (otherwise than under criminal law), if those obligations are inconsistent with the duty to comply with the regulatory arrangements." |
| | LORD HUNT OF WIRRAL
LORD KINGSLAND |
| 149 | Insert the following new Clause— |
| | "Solicitors' Disciplinary Tribunal |
| | In section 46(9) of the Solicitors Act 1974 (c. 47) (solicitors disciplinary tribunal), after "Tribunal," insert "The Legal Services Board and"." |
| 149ZA | Page 218, line 37, leave out paragraph 2 and insert— |
| | "2 In section 1A (practising certificates: employed solicitors)— |
| (a) | in paragraph (b) omit "or", |
| (i) | omit "by the Council of the Law Society", and |
| (ii) | at end insert "or", and |
| (c) | after that paragraph insert— |
| "(d) | by any other person."." |
| 149ZB | Page 221, line 2, leave out from "certificate" to end of line 8 and insert "if he has been required by rules made under section 34(1) to provide an accountant's report and has failed to provide such a report within the time period prescribed under those rules," |
| 149ZC | Page 222, line 19, leave out sub-paragraph (5) |
| 149ZD | Page 222, line 39, at end insert— |
| "(12) | The decision of the High Court on an appeal under subsection (6) or (9) shall be final."" |
| 149ZE | Page 222, line 41, at end insert— |
| "( ) | in subsection (2) for "six" substitute "nine", |
| ( ) | in subsection (4) for "six" substitute "nine"," |
| | BARONESS HENIG
LORD HUNT OF WIRRAL |
| 149ZF | Page 226, line 9, at end insert— |
| "( ) | After that subsection insert— |
| "(1A) | Rules made under this section may require solicitors to take such action as appears to the Council to be necessary or expedient for the purposes of protecting the interests of current, former or future clients."" |
| 149ZG | Page 226, line 20, leave out "or with building societies" and insert ", with building societies or at or with other financial institutions" |
| 149ZH | Page 227, line 4, at end insert— |
| "(2A) | In subsection (2) omit the words from "retained or both" to end" |
| 149ZJ | Page 227, line 9, leave out from "held" to end of line 10 and insert— |
| "(a) | for, or on account of, the solicitor's clients, other persons or trusts, generally, or |
| (b) | for, or on account of, that client, other person or trust, separately."" |
| 149ZK | Page 227, line 31, at end insert— |
| "(3) | The rules may make different provision for different categories of solicitors and for different circumstances."" |
| 149ZL | Page 227, line 41, after second "solicitor" insert ", or in an account of another person which is operated by a solicitor" |
| 149ZM | Page 228, line 12, at end insert— |
| "( ) | after "relieving that loss" omit "or hardship"," |
| 149ZN | Page 230, line 45, at end insert— |
| "(ba) | if the body is an individual carrying on a business as a sole principal, that individual;" |
| 149ZP | Page 230, line 48, at end insert "and, if any such person is a body corporate, it also includes a manager of that body corporate;" |
| | LORD HUNT OF WIRRAL
LORD KINGSLAND |
| 149A | Page 231, line 30, leave out paragraph 40 and insert— |
| | "40 Section 44B (examination of files) is amended as follows— |
| (i) | for "Council are" substitute "Society is", |
| (ii) | in paragraph (b) for "Council" substitute "Society", |
| (iii) | omit paragraph (c), and |
| (iv) | for "the solicitor or his firm" to end substitute "any person requiring the production or delivery of information in accordance with subsection (2) or apply to the High Court for an order requiring the production or delivery of such information."; |
| (b) | for subsection (2) substitute— |
| "(2) | A notice by the Society or order of the court under subsection (1) may require— |
| (a) | the production or delivery to any person appointed by the Society, at a time and place to be fixed by the Society or the court, of all relevant documents in the possession of that person; |
| (b) | the attendance of the person to whom notice is given to provide information by answering questions at a time and place to be fixed by the Society or the court. |
| (3) | Subject to subsection (4), a notice under subsection (1) may only be given to or an order made against a person who is regulated by the Society or is connected with a person regulated by the Society. |
| (4) | A notice or order under subsection (1) may be given to or made against any person if the Society is satisfied that information relevant to an investigation is likely to be in the possession, custody or power of that person and that there are reasonable grounds for believing that information which may be provided by that person is likely to be of substantial value (whether or not by itself) to the investigation. |
| (5) | For the purposes of subsection (3) a person is connected with a person regulated by the Society ("A") if he is or has at any relevant time been— |
| (a) | a partner in a partnership of which A is or was a partner; |
| (b) | an employee, officer, member, director, agent, shareholder or shareowner of A; |
| (c) | remunerated directly or indirectly by A for activity in connection with the provision of legal services; |
| (d) | a controller of A; or |
| (e) | a member of A's group."" |
| 149B | Page 232, line 6, at end insert— |
| "(2) | After that section insert— |
| "44D | Confidential or privileged documents or information |
| (1) | Any document or information must be produced or delivered to the Society pursuant to any notice given by virtue of this Act or in accordance with any rules made by the Society even if it is— |
| (b) | subject to legal professional privilege; or |
| (c) | subject to any other restriction upon production or admissibility whether imposed by statute or otherwise; |
| | save that any document or information in respect of which the solicitor under investigation is entitled to legal professional privilege need not be produced. |
| (2) | Any document or information received by the Society pursuant to any notice given by virtue of this Act or in accordance with any rules made by the Society— |
| (a) | may be used by the Society only for the exercise of the Society's functions under this Act; |
| (b) | is admissible in evidence in any proceedings brought or defended by the Society but otherwise remains confidential or privileged; and |
| (c) | must be used in any public hearing in a way that protects the confidentiality or privilege of the person entitled to it so far as it is reasonably practicable to do so. |
| 44E | Failure to provide information |
| (1) | Where a person fails to comply with a notice given to him by the Society under section 44B the Society may apply to the High Court for an order requiring the production or delivery of information and the court may make such order as it thinks fit. |
| (2) | A person who knows or suspects that an investigation is being or is likely to be conducted by the Society is guilty of an offence where— |
| (a) | he falsifies, conceals, destroys or otherwise disposes of a document which he knows or suspects is or would be relevant to such an investigation, or |
| (b) | he causes or permits the falsification, concealment, destruction or disposal of such a document, |
| | unless he shows that he had no intention of concealing facts disclosed by the documents from the investigator. |
| (3) | A person who, in purported compliance with a requirement imposed on him under this Part— |
| (a) | provides information which he knows to be false or misleading in a material particular, or |
| (b) | recklessly provides information which is false or misleading in a material particular, |
| (4) | A person guilty of an offence under subsection (2) or (3) is liable— |
| (a) | on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both."" |
| 149C | Page 232, line 6, at end insert— |
| "(2) | After that section insert— |
| "44F | Power for Society to rebuke and reprimand |
| (1) | Where the Society has investigated whether there has been professional misconduct by a solicitor, or whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Society, and the Society is satisfied that there was professional misconduct on the part of the solicitor, or that the solicitor did fail to comply with such a requirement or rule, but the Society is not satisfied that it is in the public interest to make a complaint against the solicitor to the Tribunal, the Society may rebuke or reprimand the solicitor and, unless it considers that it is not in the public interest to do so, may make public both the fact that the solicitor has been rebuked or reprimanded and a summary of the misconduct or failure concerned. |
| (2) | The Society may make rules providing for rights of appeal to the Tribunal against rebukes or reprimands made by the Society where they are made, or proposed to be made, public or in such other circumstances as the Society may prescribe. |
| (3) | Rules made under subsection (2) may also make provision about the procedure and practice to be followed in relation to— |
| (a) | investigations as to whether there has been professional misconduct by a solicitor, or whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council; |
| (b) | the making of rebukes and reprimands; and |
| (c) | the making public of rebukes and reprimands under subsection (1)."" |
| 149D | Page 232, line 6, at end insert— |
| "(2) | After that section insert— |
| "44G | Power for Society to impose financial penalties |
| (1) | Where the Society is satisfied that there has been professional misconduct on the part of a solicitor, or that the solicitor has failed to comply with any requirement or rule imposed by or by virtue of this Act or with any rules made by the Society, the Society may impose on the solicitor a penalty of such amount as it thinks fit, but not exceeding the maximum amount prescribed under subsection (2). |
| (2) | The maximum amount of a penalty which may be imposed under this section is £5000. |
| (3) | A penalty imposed under this section is payable to the Society as a debt and shall be applied in such manner as the Society thinks fit. |
| (4) | The Society may make rules providing for rights of appeal to the Tribunal against penalties imposed by the Society under this section. |
| (5) | Rules made under subsection (4) may also make provision about the procedure and practice to be followed in relation to imposing penalties under this section. |
| (6) | The Secretary of State may by order amend subsection (2) by substituting for the sum of £5000 such other sum as he considers appropriate. |
| (7) | Before making any such order the Secretary of State shall consult the Society. |
| (8) | Any order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."" |
| 150 | Page 232, line 18, leave out paragraph 43 and insert— |
| | "43 After that section insert— |
| "46A | Funding of the Tribunal |
| (1) | The Tribunal must submit to the Society and the Legal Services Board in respect of each year a budget for the year. |
| (2) | A budget for the year is a statement of the amount of money which the Tribunal estimates is required to enable it to meet all of its expenditure in that year (having regard to any amounts received but not spent in previous years). |
| (3) | The amount budgeted shall be appropriately allocated to each solicitor applying for a practising certificate and shall be collected by the Society on behalf of the Tribunal and the Tribunal may procure that its administration is conducted through a company limited by guarantee or other body controlled by it. |
| (4) | If the amount sought by the Tribunal is in excess of the previous year's budget by more than 5 per cent such increase over 5 per cent shall require the approval of the Legal Services Board after consultation with the Society and the Tribunal. |
| (5) | Pending such approval as is required by subsection (4), the amount of the previous year's budgeted amount shall be payable in accordance with subsection (6). |
| (6) | Subject to subsection (5), the amount specified in a budget submitted under subsection (1) shall be received by the Society as agent for the Tribunal and must be paid by the Society to the Tribunal— |
| (a) | in such instalments and at such times as may be agreed between the Society and the Tribunal; or |
| (b) | in the absence of such agreement before the beginning of the year to which the budget relates. |
| (7) | The Society may pay the Tribunal such other amounts as the Society considers appropriate. |
| (8) | In this section "year" means a calendar year."" |
| 150XA | Page 234, line 27, leave out "and" |
| 150XB | Page 234, line 30, at end insert ", and |
| (c) | omit subsection (5)." |
| 150XC | Page 235, line 26, leave out paragraph 58 and insert— |
| | "58 In section 69 (action to recover solicitor's costs)— |
| (a) | in subsection (1) for "taxed" substitute "assessed", |
| (b) | for subsection (2) substitute— |
| "(2) | The requirements referred to in subsection (1) are that the bill— |
(i) by the solicitor, or on his behalf by any employee authorised by the solicitor to do so;
(ii) if the costs are due to a firm, by one of the partners of that firm, either in his own name or in the name of the firm, or on his behalf by any employee authorised by any partner to do so; or
(iii) be enclosed in, or accompanied by, a letter which is so signed and refers to the bill;
| (b) | must be delivered to the party to be charged with the bill, either— |
(i) personally;
(ii) by being sent to him by post to, or left for him at, his place of business, dwelling-house, or last known place of abode;
(iii) (subject to subsection (2A)) where he has provided an e-mail address to the solicitor for that purpose, by being sent to him by e-mail to that address (and, if he required that any attachment to an e-mail be in any particular electronic format, in accordance with that requirement); or
(iv) (subject to subsection (2A)) where he has provided a fax number to the solicitor for that purpose, by being sent to him by fax to that number; and
where a bill is proved to have been delivered in compliance with those requirements, it shall not be necessary in the first instance for the solicitor to prove the contents of the bill and it shall be presumed, until the contrary is shown, to be a bill bona fide complying with this Act.
| (2A) | Sub-paragraph (iii) or (iv) of subsection (2)(b) does not apply if the party to be charged with the bill has indicated to the solicitor, before the bill is sent, that he is not willing to accept delivery of a bill sent by the method in question. |
| (2B) | A bill which is sent by fax or e-mail is to be treated as having been delivered the working day after the day on which it was sent (unless the contrary is proved) and in this subsection "working day" means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday."; and |
| (c) | after subsection (3) insert— |
| "(3A) | In subsection (2)(a) where a signature is required, an electronic signature incorporated into the document shall satisfy this requirement and an electronic signature is as much of anything in electronic form as— |
| (a) | is incorporated into or otherwise logically associated with any electronic communication or electronic data; and |
| (b) | purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both."" |
| 150ZZA | Page 237, leave out lines 21 to 29 and insert— |
| "(2) | Arrangements made under this section in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the Council or by the committee or sub-committee which is delegating the discharge of the function). |
| (3) | Where by virtue of subsection (1) any function may be discharged by a committee, the committee may— |
| (a) | arrange for the discharge of the function by— |
| (i) | a sub-committee of that committee, or |
| (ii) | an individual (whether or not a member of the Society's staff); or |
| (b) | authorise one of its members, or an officer or employee of the Society or of any body corporate established to service the committee, to arrange for the discharge of the function by an individual (whether or not a member of the Society's staff). |
| (3A) | Where by virtue of subsection (1) or (3) any function may be discharged by a sub-committee, the sub-committee may arrange for the discharge of the function by an individual (whether or not a member of the Society's staff). |
| (3B) | Subsections (3) and (3A) shall have effect subject to any contrary direction given by the Council. |
| (3C) | Subject to any direction given by the Council under subsection (3B), subsection (3A) shall have effect subject to any contrary indication given by the committee concerned. |
| (3D) | Any power given by subsection (1), (3) or (3A) may be exercised so as to impose restrictions or conditions on the body or individual by whom the functions concerned are to be discharged." |
| 150ZA | Page 238, line 17, leave out paragraph (a) and insert— |
| "(a) | for sub-paragraph (1)(a) substitute— |
| "(a) | the Society has reason to suspect dishonesty on the part of a solicitor;", |
| (aa) | after that sub-paragraph insert— |
| "(aa) | the Society has reason to suspect dishonesty on the part of— |
| (i) | an employee of a solicitor, or |
| (ii) | the personal representatives of a deceased solicitor, |
| | in connection with that solicitor's practice or in connection with any trust of which that solicitor is or formerly was a trustee;"," |
| 150ZB | Page 238, line 26, at end insert— |
| "( ) | in sub-paragraph (1)(h)— |
| (i) | for "Council are" substitute "Society is", |
| (iii) | after "practice" insert "or has failed or is failing properly to attend to his practice"," |
| 150ZC | Page 238, line 27, leave out "(1)(h), (i)" and insert "(1)(i)" |
| 150ZD | Page 239, line 32, leave out "is unable" and insert "takes reasonable and proportionate steps" |
| 150ZE | Page 239, line 34, after "6A(3)" insert "but is unable to trace him or them" |
| 150ZF | Page 244, line 26, after "services"," insert— |
| "( ) | after paragraph (b) insert— |
| "(ba) | subject to any exceptions set out in the rules, requiring solicitors and registered European lawyers— |
| (i) | who carry on a solicitor business as a sole principal, only to do so if the sole principal is and remains a recognised body; |
| (ii) | who carry on a solicitor business in partnership with others or as a member of an unincorporated association with others, only to do so if the partnership or unincorporated association is and remains a recognised body or an otherwise authorised body; and |
| (iii) | who participate in the management and control of a body corporate which carries on, or participates, in a solicitor business, only to do so if the body corporate is and remains a recognised body or an otherwise authorised body;"," |
| 150ZG | Page 244, line 27, at end insert— |
| "( ) | in paragraph (d) omit "such"." |
| 150ZH | Page 244, leave out lines 35 to 37 and insert— |
| "(aa) | for the manner and form in which other applications under the rules are to be made, and requiring such applications to be accompanied by a fee of such amount as the Society may from time to time determine;" |
| 150ZJ | Page 244, line 42, at end insert— |
| "(ca) | for recognition to be made subject to such conditions as the Council at any time sees fit to impose in such circumstances as are specified in the rules; |
| (cb) | for the Society to require, in such circumstances as may be specified in the rules, recognised bodies to satisfy the Society as to their continuing suitability to be recognised under this section;" |
| 150ZK | Page 245, line 27, at end insert— |
| "( ) | Rules made by the Council under subsections (1) and (2) may make different provision for different categories of person or body and for different circumstances." |
| 150ZL | Page 245, line 47, at end insert— |
| "(ba) | if the body is an individual carrying on a business as a sole principal, is that individual," |
| 150ZM | Page 246, line 2, at end insert "and, if any such person is a body corporate, it also includes a manager of that body corporate" |
| 150ZN | Page 246, line 2, at end insert— |
| | ""otherwise authorised body" means a body which, in relation to all activities carried on by it as part of its business which are reserved activities within the meaning of the Legal Services Act 2007, is an authorised person under section 17 of that Act whose authorisation in relation to all those activities is conferred other than by the Society," |
| 150ZP | Page 246, line 4, leave out paragraph (d) and insert— |
| "(d) | for the definition of "recognised body" substitute— |
| | ""recognised body" means a legal services body for the time being recognised under this section", and" |
| 150ZQ | Page 246, line 5, leave out paragraph (e) and insert— |
| "(e) | after the definition of "registered European lawyer" insert—" |
| 150ZR | Page 246, line 7, at end insert— |
| | ""solicitor business" means a business consisting of or including solicitor services;" |
| 150ZS | Page 246, line 18, at end insert— |
| "(1A) | For the purposes of this section and of section 9 "body" includes an individual who is carrying on a business as a sole principal. |
| (1B) | The management and control condition is satisfied in the case of an individual who is carrying on business as a sole principal if he is a solicitor or a registered European lawyer." |
| 150A | Page 246, leave out lines 21 and 22 and insert— |
| "(a) | a majority of the partners are authorised persons or are registered foreign lawyers, and" |
| 150AA | Page 246, line 21, leave out "or a registered foreign lawyer" and insert ", a European lawyer, a registered foreign lawyer or a body which is wholly managed and controlled by such persons" |
| 150AB | Page 246, line 23, leave out "solicitor or a registered European lawyer" and insert "person within subsection (5)" |
| 150B | Page 246, leave out lines 28 and 29 and insert— |
| "(a) | a majority of the partners are authorised persons or are registered foreign lawyers, and" |
| 150BA | Page 246, line 28, leave out "or a registered foreign lawyer" and insert ", a European lawyer, a registered foreign lawyer or a body which is wholly managed and controlled by such persons" |
| 150BB | Page 246, line 30, leave out "solicitor or a registered European lawyer" and insert "person within subsection (5)" |
| 150C | Page 246, leave out lines 34 and 35 and insert— |
| 150CZA | Page 246, leave out lines 34 and 35 and insert— |
| "(a) | each director of the body, and each person who has an interest in the body, is an authorised person, a European lawyer, a registered foreign lawyer or a body which is wholly managed or controlled by such persons, and" |
| 150CZB | Page 246, line 36, leave out "solicitor or a registered European lawyer" and insert "person within subsection (5)" |
| 150CZC | Page 246, leave out lines 38 to 40 and insert— |
| "(5) | The persons referred to in subsections (2)(b), (3)(b) and (4)(b) are— |
| (a) | a solicitor or a registered European lawyer, |
| (b) | a partnership with separate legal personality with at least one partner who is a solicitor or a registered European lawyer, |
| (c) | a body corporate which is managed by its members with at least one member who is a solicitor or a registered European lawyer, and |
| (d) | any other body corporate with at least one director or at least one person with an interest in the body who is a solicitor or a registered European lawyer." |
| 150CZD | Page 247, line 7, at end insert— |
| | ""European lawyer" means a European lawyer within the meaning of the European Communities (Service of Lawyers) Order 1978 (S.I. 1978/1910)." |
| 150CZE | Page 247, line 20, leave out "solicitors, registered European lawyers or registered foreign lawyers" and insert "solicitors or registered European lawyers" |
| 150CZF | Page 247, line 35, at end insert— |
| "( ) | After subsection (2) insert— |
| "(2A) | An individual shall not describe himself, or any business which he is carrying out, or hold himself, or any business which he is carrying out, as a body for the time being recognised under section 9 unless he is so recognised. |
| (2B) | Any individual who contravenes subsection (2A) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level four on the standard scale."" |
| 150CZG | Page 248, line 35, at end insert— |
| | ""body" includes an individual who is carrying on a business as a sole principal;" |
| 150CZH | Page 248, line 43, at end insert— |
| "(ba) | if the body is an individual carrying on a business as a sole principal, is that individual," |
| 150CZJ | Page 248, line 47, at end insert "and, if any such person is a body corporate, it also includes a manager of that body corporate" |
| 150CA | Page 257, line 8, leave out paragraph 104 and insert— |
| 150CB | Page 257, line 32, at end insert— |
| | "For paragraph 29 of Schedule 2 to the Administration of Justice Act 1985 substitute— |
| | "29 Section 69 of the 1974 Act shall have effect in relation to a bill of costs delivered by a recognised body as if— |
| (i) | for the words from "by the solicitor" to "the firm" there were substituted "on behalf of the recognised body by any officer or employee of the body authorised by it to do so"; and |
| (ii) | for "the solicitor" (wherever else it occurs) there were substituted "the recognised body"; and |
| (b) | in subsection (2A) for "the solicitor" there were substituted "the recognised body"."" |
| 150CC | Page 257, line 34, at end insert "(within the meaning of Schedule 2 to the Administration of Justice Act 1985)" |
| 150D | Page 257, line 35, leave out paragraph 108 and insert— |
| | "108 In paragraph 31 (bank accounts)— |
| (b) | after "with a bank" insert "or a building society"." |
| 150E | [Re-tabled as amendment 150ZB] |
| 150F | [Re-tabled as amendment 150ZC] |
| 150G | [Re-tabled as amendment 150ZD] |
| 150H | [Re-tabled as amendment 150ZE] |
| 150J | Page 257, line 41, after "bank" insert "or a building society" |
| 150K | Page 258, line 2, leave out sub-paragraph (3) and insert— |
| "(3) | For sub-paragraph (2)(c) substitute— |
| "(c) | a relevant insolvency event occurs in relation to a recognised body; |
| (ca) | the Society has reason to suspect dishonesty on the part of any manager of a recognised body; or"." |
| 150L | Page 258, line 7, leave out sub-paragraph (b) and insert— |
| "(b) | omit "officer or", and" |
| 150LA | Page 260, leave out lines 4 to 6 and insert— |
| "(i) | in the case of a recognised body which is a partnership or the business of a sole principal, to a former manager of the body (within the meaning of Schedule 2 to the Administration of Justice Act 1985), and" |
| 150M | Page 260, line 22, at end insert— |
| "( ) | after sub-paragraph (3) insert— |
| "(3A) | The power referred to in sub-paragraph (3) may be exercised by the Society when it registers a foreign lawyer for the first time, when it renews the registration of a registered foreign lawyer or at any time during the currency of the registration of a registered foreign lawyer."," |
| 150MA | Page 260, line 28, leave out paragraph (e) and insert— |
| "(e) | for sub-paragraph (5) substitute— |
| "(5) | Regulations about the keeping of the register may also (among other things)— |
| (a) | require information of a specified kind to be included in entries in the register; |
| (b) | require information (or information of a specified description) on the register to be made available to the public; |
| (c) | specify the manner in which it is to be made so available and require it to be made so available during office hours and without charge; |
| (d) | make provision generally or only in relation to specified cases or subject to exceptions."" |
| 150N | Page 260, line 31, at end insert— |
| "( ) | for sub-paragraph (a) substitute— |
| "(a) | the Society has reason to suspect dishonesty on the part of the registered foreign lawyer; |
| (aa) | the Society has reason to suspect dishonesty on the part of an employee of the multi-national partnership in connection with— |
| (i) | the practice of that partnership; or |
| (ii) | any trust of which the registered foreign lawyer is or was a trustee by virtue of his being a member of that partnership;"," |
| 150P | Page 260, line 32, leave out "(3)(a) and (b)" and insert "(3)(b)" |
| 150Q | Page 260, line 35, at end insert— |
| "( ) | after sub-paragraph (3)(h), insert— |
| "(ha) | the Society is satisfied that he has abandoned the practice of the multi-national partnership or that he has failed or is failing properly to attend to that practice;"," |
| 150R | [Re-tabled as amendment 159] |
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