moved Amendments Nos. 51 to 62:
51: Clause 15, page 7, line 10, leave out ““B? and insert ““P?
52: Clause 15, page 7, line 12, leave out ““B? and insert ““P?
53: Clause 15, page 7, line 12, after first ““activity? insert ““(““the relevant activity?)?
54: Clause 15, page 7, line 13, leave out ““B? and insert ““P?
55: Clause 15, page 7, line 15, leave out ““B’s? and insert ““P’s?
56: Clause 15, page 7, line 16, leave out ““reserved legal activities carried on? and insert ““the carrying on of the relevant activity?
57: Clause 15, page 7, line 17, leave out ““B in their capacity as employees of B? and insert ““P in their capacity as employeesof P?
58: Clause 15, page 7, line 18, leave out ““Secretary of State? and insert ““Lord Chancellor?
59: Clause 15, page 7, line 21, leave out ““B’s? and insert ““P’s?
60: Clause 15, page 7, line 23, leave out ““Secretary of State? and insert ““Lord Chancellor?
61: Clause 15, page 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.?
62: After Clause 15, insert 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) to12 months is to be read as a reference to 6 months.?
On Question, amendments agreed to.
Schedule 3 [Exempt persons]:
Legal Services Bill [HL]
Proceeding contribution from
Lord Evans of Temple Guiting
(Labour)
in the House of Lords on Wednesday, 18 April 2007.
It occurred during Debate on bills on Legal Services Bill [HL].
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691 c241-2 Session
2006-07Chamber / Committee
House of Lords chamberSubjects
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