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Legal Services Bill [HL]


SECOND
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 7 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 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

43Insert 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."
44Insert 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

45Insert 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)."
 

Clause 15

 

BARONESS ASHTON OF UPHOLLAND

50Page 7, line 8, leave out "body or other person ("B")" and insert "person ("P")"
51Page 7, line 10, leave out "B" and insert "P"
52Page 7, line 12, leave out "B" and insert "P"
53Page 7, line 12, after first "activity" insert "("the relevant activity")"
54Page 7, line 13, leave out "B" and insert "P"
55Page 7, line 15, leave out "B's" and insert "P's"
56Page 7, line 16, leave out "reserved legal activities carried on" and insert "the carrying on of the relevant activity"
57Page 7, line 17, leave out "B in their capacity as employees of B" and insert "P in their capacity as employees of P"
58Page 7, line 18, leave out "Secretary of State" and insert "Lord Chancellor"
59Page 7, line 21, leave out "B's" and insert "P's"
60Page 7, line 23, leave out "Secretary of State" and insert "Lord Chancellor"
61Page 7, line 25, leave out subsection (8) and insert—
"(8)  If P is a body, references to an employee of P include references to a manager of P."
 

After Clause 15

 

BARONESS ASHTON OF UPHOLLAND

62Insert the following new Clause—
  "Offence to carry on reserved legal activity through person not entitled
(1)  Where subsection (2) applies it is an offence for a person ("P") to carry on an activity ("the relevant activity") which is a reserved legal activity, despite P being entitled to carry on the relevant activity.
(2)  This subsection applies if—
(a)  P carries on the relevant activity by virtue of an employee of P ("E") carrying it on in E's capacity as such an employee, and
(b)  in carrying on the relevant activity, E commits an offence under section 14.
(3)  If P is a body, references in subsection (2) to an employee of P include references to a manager of P.
(4)  In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence.
(5)  A person who is guilty of an offence under subsection (1) is liable—
(a)  on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), and
(b)  on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(6)  A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.
(7)  In relation to an offence under subsection (1) committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(a) to 12 months is to be read as a reference to 6 months."
 

Schedule 3

 

BARONESS ASHTON OF UPHOLLAND

63Page 121, line 19, leave out sub-paragraph (9)
64Page 121, line 39, leave out "Secretary of State" and insert "Lord Chancellor"
65Page 122, line 17, leave out sub-paragraph (5)
66Page 123, line 40, leave out sub-paragraph (9)
67Page 124, line 43, at end insert—
"(   )      The person is exempt if section 14 of the Public Notaries Act 1801 (c. 79) applies to the person, and—
(a)  where that section applies by virtue of the person holding or exercising an office or appointment, the person carries on the activity for ecclesiastical purposes;
(b)  where that section applies by virtue of the person performing a public duty or service under government, the person carries on the activity in the course of performing that duty or service."
68Page 125, line 17, at end insert—
 

"Employers etc acting through exempt person

(1)      This paragraph applies where—
(a)  a person ("P") carries on an activity ("the relevant activity") which is a reserved legal activity,
(b)  P carries on the relevant activity by virtue of an employee of P ("E") carrying it on in E's capacity as such an employee, and
(c)  E is an exempt person in relation to the relevant activity.
(2)      P is an exempt person in relation to the relevant activity to the extent that P carries on that activity by virtue of E so carrying it on.
(3)      This paragraph does not apply where E—
(a)  carries on the relevant activity at the direction and under the supervision of an authorised person in relation to that activity, and
(b)  is exempt in relation to that activity by virtue of paragraph 1(7), 3(3) or 4(2).
(4)      If P is a body, in this paragraph references to an employee of P include references to a manager of P."
69Page 125, line 19, leave out "Secretary of State" and insert "Lord Chancellor"
70Page 125, line 27, leave out "Secretary of State" and insert "Lord Chancellor"
 

Schedule 4

 

BARONESS ASHTON OF UPHOLLAND

71Page 126, line 28, at end insert—
"The Association of Law Costs DraftsmenThe exercise of a right of audience.The conduct of litigation.The administration of oaths."
72Page 127, line 8, leave out "Secretary of State" and insert "Lord Chancellor"
73Page 127, line 23, leave out "Secretary of State" and insert "Lord Chancellor"
74Page 131, line 20, leave out "Secretary of State" and insert "Lord Chancellor"
75Page 131, line 25, leave out "Secretary of State" and insert "Lord Chancellor"
76Page 131, line 32, leave out "Secretary of State" and insert "Lord Chancellor"
77Page 131, line 33, leave out "Secretary of State" and insert "Lord Chancellor"
78Page 131, line 37, leave out "Secretary of State" and insert "Lord Chancellor"
79Page 131, line 39, leave out "Secretary of State" and insert "Lord Chancellor"
80Page 132, line 3, leave out "Secretary of State" and insert "Lord Chancellor"
81Page 132, line 6, leave out "Secretary of State" and insert "Lord Chancellor"
82Page 132, line 8, leave out "Secretary of State" and insert "Lord Chancellor"
 

LORD HUNT OF WIRRAL
LORD KINGSLAND

83Page 132, line 40, leave out sub-paragraph (3) and insert—
"(3)      Alterations are exempt unless the Board has directed that they are not to be treated as exempt for the purposes of this paragraph."
 

Schedule 5

 

BARONESS ASHTON OF UPHOLLAND

84Page 137, line 7, after "Attorneys," insert—
"(   )  The Association of Law Costs Draftsmen,"
85Page 137, line 29, leave out "Secretary of State" and insert "Lord Chancellor"
86Page 139, line 12, leave out "has the same meaning as in" and insert "means a registered European lawyer within the meaning of"
87Page 139, line 13, at end insert "who is registered with the Law Society."
88Page 141, line 2, at end insert—
 "   (1)   During the transitional period, a person ("P") is an exempt person in relation to the carrying on of an activity ("the relevant activity") which is a notarial activity if—
(a)  P carries on the relevant activity by virtue of an employee of P ("E") carrying it on in E's capacity as such an employee, and
(b)  E is an authorised person in relation to the relevant activity.
(2)      If P is a body, in this paragraph references to an employee of P include references to a manager of P."
89Page 142, line 14, after "mark" insert "attorney"
90Page 142, line 37, after "mark" insert "attorney"
91Page 143, line 2, at end insert—

 
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©Parliamentary copyright 2007
17 April 2007