Legal Services Bill [HL]

moved Amendments Nos. 468 to 492A: 468: Schedule 16, page 232, line 11, at end insert— ““( ) After that subsection insert— ““(5A) The Tribunal may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.”””” 469: Schedule 16, page 232, line 43, after ““£5,000””,”” insert— ““( ) after subsection (3A) insert— ““(3B) For the avoidance of doubt, nothing in this section permits the Tribunal to make an order requiring redress to be made in respect of any act or omission of any person.”””” 470: Schedule 16, page 233, line 1, at end insert— ““ In section 48 (orders of Tribunal), in subsection (3) for ““Subject to section 43(5), any”” substitute ““Any””.”” 471: Schedule 16, page 233, line 3, at end insert— ““( ) In subsection (2), after ““(3)”” insert ““and to section 43(5) of the Administration of Justice Act 1985””. ( ) In subsection (3) for ““legal aid work (within the meaning of that section)”” substitute ““providing representation funded by the Legal Services Commission as part of the Criminal Defence Service””.”” 472: Schedule 16, page 234, line 1, leave out sub-paragraph (2) and insert— ““(2) In subsection (1)— (a) in paragraph (a) for ““Secretary of State”” substitute ““Lord Chancellor””, (b) after paragraph (d) insert— ““(da) a member of the Legal Services Board nominated by that Board;””, and (c) in paragraph (e) for ““Secretary of State”” substitute ““Lord Chancellor””.”” 473: Schedule 16, page 234, line 4, leave out from ““for”” to end of line 5 and insert ““““(the Secretary of State”” to ““think fit”” substitute ““(the Lord Chancellor being one), may make general orders prescribing the general principles to be applied when determining””.”” 474: Schedule 16, page 234, line 6, after ““(3)”” insert ““— (a) for ““Secretary of State”” substitute ““Lord Chancellor””, and (b) ”” 474A: Schedule 16, page 234, line 30, at end insert ““, and ( ) for subsection (5) substitute— ““(5) A provision in a contentious business agreement that the solicitor shall not be liable for negligence shall be void if the client is a natural person who, in entering that agreement, is acting for purposes which are outside his trade, business or profession. (6) A provision in a contentious business agreement that the solicitor shall be relieved from any responsibility to which he would otherwise be subject as a solicitor shall be void.”””” 474B: Schedule 16, page 235, line 26, leave out paragraph 58 and insert— ““58 (1) Section 69 (action to recover solicitor’s costs) is amended as follows. (2) In subsection (1) for ““taxed”” substitute ““assessed””. (3) For subsection (2) substitute— ““(2) The requirements referred to in subsection (1) are that the bill must be— (a) signed in accordance with subsection (2A), and (b) delivered in accordance with subsection (2C). (2A) A bill is signed in accordance with this subsection if it is— (a) signed by the solicitor or on his behalf by an employee of the solicitor authorised by him to sign, or (b) enclosed in, or accompanied by, a letter which is signed as mentioned in paragraph (a) and refers to the bill. (2B) For the purposes of subsection (2A) the signature may be an electronic signature. (2C) A bill is delivered in accordance with this subsection if— (a) it is delivered to the party to be charged with the bill personally, (b) it is delivered to that party 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, or (c) it is delivered to that party— (i) by means of an electronic communications network, or (ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible, and that party has indicated to the person making the delivery his willingness to accept delivery of a bill sent in the form and manner used. (2D) An indication to any person for the purposes of subsection (2C)(c)— (a) must state the address to be used and must be accompanied by such other information as that person requires for the making of the delivery; (b) may be modified or withdrawn at any time by a notice given to that person. (2E) Where a bill is proved to have been delivered in compliance with the requirements of subsections (2A) and (2C), it is not necessary in the first instance for the solicitor to prove the contents of the bill and it is to be presumed, until the contrary is shown, to be a bill bona fide complying with this Act. (2F) A bill which is delivered as mentioned in subsection (2C)(c) is to be treated as having been delivered on the first working day after the day on which it was sent (unless the contrary is proved).”” (4) At the end insert— ““(5) In this section references to an electronic signature are to be read in accordance with section 7(2) of the Electronic Communications Act 2000 (c. 7). (6) In this section— ““electronic communications network”” has the same meaning as in the Communications Act 2003 (c. 21); ““working day”” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).”””” 475: Schedule 16, page 237, line 18, after ““committee,”” insert— ““( ) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society,”” 476: Schedule 16, page 237, leave out lines 21 to 23 477: Schedule 16, page 237, line 27, after ““committee,”” insert— ““( ) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society,”” 478: Schedule 16, page 237, line 29, at end insert— ““(3A) Where, by virtue of subsection (1) or (3), any function may be discharged by a sub-committee, that sub-committee may arrange for the discharge of the function by an individual (whether or not a member of the Society’s staff). (3B) 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 delegating body). (3C) In subsection (3B) ““the delegating body”” means— (a) in the case of arrangements under subsection (1), the Council, (b) in the case of arrangements under subsection (3), the committee, (c) in the case of arrangements under subsection (3A), the sub-committee. (3D) Subsections (3) and (3A) have effect subject to any contrary direction given by the Council. (3E) Where arrangements under subsection (3A) relate to a function delegated by a committee under subsection (3), subsection (3A) also has effect subject to any contrary direction given by that committee. (3F) 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 function is to be discharged.”” 479: Schedule 16, page 237, line 43, at end insert— ““(8A) In this section ““wholly-owned subsidiary”” has the meaning given by section 1159 of the Companies Act 2006.”” 479A: Schedule 16, page 238, line 8, at end insert— ““ Before section 87 (interpretation) insert— ““86A Rules (1) Rules made by the Society under this Act may — (a) make provision generally or subject to exceptions or only in relation to specified cases; (b) make different provision for different cases or circumstances or for different purposes. (2) Without prejudice to the generality of subsection (1), any rules prescribing a fee may provide for that fee to be reduced or waived in such circumstances as may be specified in the rules.”””” 480: Schedule 16, page 238, line 9, after ““(interpretation)”” insert— ““(a) in the definition of ““client account””, for ““in”” to the end substitute ““subject to rules under section 32(1)(a)””, and (b) ”” 481: Schedule 16, page 238, line 11, at end insert— ““““duly certificated notary public”””” 482: Schedule 16, page 238, line 13, at end insert— ““““replacement date”””” 483: Schedule 16, page 238, line 14, at end insert— ““ In section 89 (consequential amendments etc.), omit subsection (7).”” 484: Schedule 16, page 238, line 19, at end insert— ““( ) after that sub-paragraph insert— ““(aa) the Society has reason to suspect dishonesty on the part of a solicitor (““S””) in connection with— (i) the business of any person of whom S is or was an employee, or of any body of which S is or was a manager, or (ii) any business which is or was carried on by S as a sole trader;””,”” 485: Schedule 16, page 238, line 26, at end insert— ““( ) in sub-paragraph (1)(h)— (i) for ““Council are”” substitute ““Society is””, and (ii) omit ““sole””,”” 486: Schedule 16, page 238, line 27, leave out ““(1)(h), (i)”” and insert ““(1)(i)”” 487: Schedule 16, page 238, line 31, after ““(iii)”” insert ““for ““an officer”” substitute ““a manager””, and (iii) in that sub-paragraph”” 488: Schedule 16, page 238, leave out line 42 and insert— ““( ) after sub-paragraph (1) insert— ““(1A) In sub-paragraph (1) ““manager”” has the same meaning as in the Legal Services Act 2007 (see section 197 of that Act).””, and”” 489: Schedule 16, page 238, line 44, leave out from ““delay)”” to end of line 2 on page 239 and insert ““— (a) for ““10(3)”” substitute ““10(9)””, (b) in paragraph (a)— (i) for ““a complaint is made to the Society”” substitute ““the Society is satisfied””, (ii) for ““was instructed”” substitute ““is or was acting””, and (iii) for ““controlled trust”” substitute ““trust””, and (c) in paragraph (c) for ““Council regard”” substitute ““Society regards””.”” 490: Schedule 16, page 239, line 12, at end insert ““, and ( ) in sub-paragraph (2)(c) for ““to which the complaint relates”” substitute ““in connection with which the Society is satisfied there has been undue delay as mentioned in sub-paragraph (a) of that paragraph””.”” 491: Schedule 16, page 239, line 32, after ““Society”” insert ““, having taken such steps to do so as are reasonable in all the circumstances of the case,”” 492: Schedule 16, page 239, line 36, after ““Society)”” insert ““— (a) after ““paragraph 6”” insert ““or 6A(3)””, and (b) ”” 492A: Schedule 16, page 242, line 10, leave out paragraph 71 and insert— ““71 Omit Schedule 2 (the compensation fund).”” On Question, amendments agreed to. [Amendments Nos. 492AA to 492AC not moved.]