House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Legal Services Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 29th March 2007, as follows—

Clauses 1 and 2
Schedule 1
Clauses 3 to 12
Schedule 2
Clauses 13 to 18
Schedule 3
Clause 19
Schedule 4
Clauses 20 and 21
Schedule 5
Clauses 22 to 25
Schedule 6
Clauses 26 to 32
Schedule 7
Clauses 33 to 43
Schedule 8
Clause 44
Schedule 9
Clauses 45 to 75
Schedule 10
Clauses 76 to 81
Schedule 11
Clause 82
Schedule 12
Clauses 83 to 87
Schedule 13
Clauses 88 to 100
Schedule 14
Clauses 101 to 111
Schedule 15
Clauses 112 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.

 

Clause 1

 

BARONESS ASHTON OF UPHOLLAND
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW

1*Page 1, line 5, at end insert—
"(   )  protecting and promoting the public interest;"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL

2*Page 1, line 8, after "promoting" insert "the public interest and"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART

3Page 1, line 9, at beginning insert "subject to the objectives in paragraphs (a) to (c),"
 

LORD CAMPBELL OF ALLOWAY

4Page 2, line 1, at end insert—
"(   )  quality of legal services and the standing of the profession"
5Page 2, line 1, at end insert—
"(   )  In implementation of this Act the balance as between each and all regulatory objectives shall be determined by reasoned decision: notice of which shall have been given to afford objection by those to whom it would have been addressed."
 

Schedule 1

 

BARONESS ASHTON OF UPHOLLAND

6Page 112, line 6, leave out "Secretary of State" and insert "Lord Chancellor"
 

LORD NEILL OF BLADEN
LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART

7Page 112, line 6, at end insert "with the concurrence of the Lord Chief Justice"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL

8*Page 112, leave out line 7
 

BARONESS ASHTON OF UPHOLLAND

9Page 112, line 9, leave out "Secretary of State" and insert "Lord Chancellor"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW

10Page 112, line 9, at end insert "with the concurrence of the Lord Chief Justice"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL

11*Page 112, line 11, leave out "other than the Chief Executive"
12*Page 112, line 14, at end insert—
"(4)      An order made under sub-paragraph (3) is subject to affirmative resolution of both Houses of Parliament."
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW

13Page 112, line 15, after "Lord Chancellor" insert "and Lord Chief Justice"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY

14Page 112, line 26, leave out "never been" and insert "not within the last ten years practised as"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW

15Page 113, line 17, after "Lord Chancellor" insert "and Lord Chief Justice"
 

LORD HUNT OF WIRRAL
LORD KINGSLAND
LORD CAMPBELL OF ALLOWAY

16Page 113, line 17, at end insert "secure that persons are appointed on merit and in accordance with the principles appearing to them to represent the best practice in making appointments to public office, and must"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW

17Page 114, line 6, at end insert "with the concurrence of the Lord Chief Justice"
18Page 114, line 7, after "Lord Chancellor" insert "and Lord Chief Justice"
19Page 114, line 9, leave out "is" and insert "and Lord Chief Justice are"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART

20Page 114, line 18, at end insert—
"(   )      Before removing the chairman under sub-paragraph (1)(b), the Lord Chancellor must seek the approval of the Lord Chief Justice."
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW

21Page 114, line 19, leave out "removing" and insert "the Lord Chancellor and Lord Chief Justice remove"
22Page 114, line 21, after "Lord Chancellor" insert "and Lord Chief Justice"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL

23*Page 115, line 1, leave out paragraph 15
24*Page 115, line 28, leave out "the Chief Executive"
25*Page 115, line 30, at beginning insert "the Chief Executive or"
26*Page 115, line 36, leave out "the Chief Executive"
27*Page 115, line 38, at beginning insert "the Chief Executive or"
 

BARONESS ASHTON OF UPHOLLAND

28Page 116, line 40, leave out paragraph (b) and insert—
"(b)  give a copy of the Comptroller and Auditor General's report to the Lord Chancellor.
(4A)      In respect of each financial year, the Lord Chancellor must lay before Parliament a document consisting of—
(a)  a copy of the statement of accounts for that year, and
(b)  a copy of the Comptroller and Auditor General's report on that statement."
 

Clause 3

 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART

29Page 2, line 25, at end insert—
"(   )  The Board must, so far as is reasonably practicable, act in partnership with the approved regulators."
30Page 2, line 26, leave out ", as far as is reasonably practicable,"
 

BARONESS ASHTON OF UPHOLLAND

31*Page 2, line 33, at end insert "and"
32*Page 2, line 35, leave out from "practice," to end of line 36
 

LORD KINGSLAND
LORD HUNT OF WIRRAL

33Page 2, line 36, at end insert—
"(4)  The role of the Board is to ensure that the approved regulators act in a way which is compatible with the regulatory objectives."
 

LORD KINGSLAND

34*Page 2, line 36, at end insert—
"(4)  In assessing what is proportionate in the regulation of approved regulators the Board shall have regard, inter alia, to:
(a)  the regulator's resources (including voluntary resources);
(b)  the effect on regulatory fees;
(c)  the extent to which the Board's acts might discourage entry to or retention in the regulated sector;
(d)  the extent to which the number of persons regulated by a regulator might be reduced in consequence of the Board's acts;
(e)  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 the Board's acts."
 

After Clause 4

 

LORD KINGSLAND

35Insert the following new Clause—
  "Paralegals
(1)  The Board must assist in the maintenance and development of standards in relation to—
(a)  the training of paralegals employed by authorised or exempt persons, and
(b)  the proper supervision and monitoring of paralegals employed by authorised or exempt persons.
(2)  For the purposes of this section a "paralegal" is a person who, whilst not a lawyer as defined by this Act, provides legal advice, support, assistance or representation."
 

Clause 6

 

BARONESS ASHTON OF UPHOLLAND

36Page 3, line 19, leave out "Secretary of State" and insert "Lord Chancellor"
37Page 3, line 21, leave out "Secretary of State" and insert "Lord Chancellor"
 

After Clause 6

 

LORD CAMPBELL OF ALLOWAY

38Insert the following new Clause—
  "Judicial review
  Administrative decisions made in implementation of this Act shall be subject to judicial review under the jurisdiction of the High Court."
 

Clause 7

 

LORD CAMPBELL OF ALLOWAY

39Leave out Clause 7
 

Clause 8

 

LORD HUNT OF WIRRAL
LORD KINGSLAND
LORD CAMPBELL OF ALLOWAY

40Page 4, line 7, at end insert ", and
(c)  qualified but non-practising solicitors who, in their professional capacity, use or purchase services provided by persons who are authorised persons in relation to activities which are reserved legal activities."
41Page 4, line 16, at end insert ", except for those authorised persons referred to under subsection (4)(c)"
 

LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY

42Page 4, line 25, leave out paragraph (a) and insert—
"(a)  appointed by the Board following public advertisement and selection by the prevailing standards for selection of members of public bodies and appointed on terms and conditions determined by the Board, and"
 

After Clause 11

 

LORD KINGSLAND
LORD HUNT OF WIRRAL

43*Insert the following new Clause—
  "Representations by approved regulators and other representatives of practitioners
  The Board must make and maintain effective arrangements for consulting practitioners on:
(a)  the extent to which its general policies and practices are consistent with its duty under section 3; and
(b)  any policy statements on which it proposes to issue under section 48."
44*Insert the following new Clause—
  "Consultation with approved regulators
  Arrangements under section (Representations by approved regulators and other representatives of practitioners) must include:
(a)  consultation with approved regulators in both their regulatory and (where relevant) their representational capacities; and
(b)  consultation with such other bodies as appear to the Board to represent the interests of authorised persons."
 

LORD KINGSLAND

45*Insert the following new Clause—
  "Professional Representations
  Section 10 shall apply mutatis mutandis to representations by approved regulators whether in their regulatory or representative capacity."
 

Clause 12

 

LORD HUNT OF WIRRAL
LORD KINGSLAND

46Page 5, line 28, at end insert—
"(   )  will-writing for fee, gain or reward;"
 

Schedule 2

 

BARONESS ASHTON OF UPHOLLAND

47Page 119, line 6, leave out "paragraph (a) or" and insert "paragraph (a) to"
 

LORD HUNT OF WIRRAL
LORD KINGSLAND

48Page 119, line 26, leave out paragraph (a)
 

Clause 13

 

BARONESS ASHTON OF UPHOLLAND

49Page 6, line 21, at end insert—
"(   )  Nothing in this section or section 22 affects section 84 of the Immigration and Asylum Act 1999 (c. 33) (which prohibits the provision of immigration advice and immigration services except by certain persons)."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2007
13 April 2007