Legal Services Bill [HL]

moved Amendment No. 248: 248: After Clause 80, insert the following new Clause— ““Licensing authority policy statement (1) Each licensing authority must prepare and issue a statement of policy as to how, in exercising its functions under this Part, it will comply with the requirements of section 27 (or, in the case of the Board, section 3) (duties to promote regulatory objectives etc). (2) A licensing authority may issue a statement under subsection (1) only with the approval of the Board (acting otherwise than in its capacity as a licensing authority or as an approved regulator). (3) A licensing authority may, with the approval of the Board (acting otherwise than in its capacity as a licensing authority or as an approved regulator), alter or replace a statement issued under this section. (4) If it does so, it must issue the altered or replacement statement. (5) In exercising its functions under this Part, a licensing authority must have regard to the statement issued by it under this section. (6) A licensing authority must publish a statement issued by it under this section.? The noble Baroness said: My Lords, noble Lords will recall that there was considerable debate in Committee over licensing authorities’ duties and whether and how we might reinforce them. There was also concern about the effects on access to justice of ABS firms, and what the licensing authorities should be obliged to do about it. I said then that the Government broadly agreed with noble Lords that improving access to justice was of course important. It is possible that some noble Lords believe that to impose a duty specific of access to justice might be a more appropriate way to handle this, but we have sought to look at the interaction between access to justice and the other regulatory objectives in play. I make it clear that we do not wish to sideline access to justice issues. Licensing authorities will have to consider that interaction as part of their obligation, but we want them to do so in terms of and alongside its interaction with the other regulatory objectives; and to consider how they address it when considering applications for licences and special body modifications, the imposition of conditions and all other licensing functions. The fact that the duty does not single out access to justice means that authorities will have to consider the interaction of access to justice with other objectives, as I have indicated. The amendment also places policy statements, approval before their use and oversight of their use under the board’s supervision. I beg to move.