Legal Services Bill [HL]

moved Amendments Nos. 519 to 527: 519: Schedule 16, page 249, line 24, leave out paragraphs 79 and 80 and insert— ““79 For paragraph 3 of that Schedule (accounts rules) substitute— ““3 (1) This paragraph applies where rules made undersection 32(1) of the 1974 Act are applied— (a) to recognised bodies in accordance with section 9(2)(f) of this Act, or (b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act. (2) The Society may disclose a report on or information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use— (a) in investigating the possible commission of an offence by the body or any of its managers or employees, and (b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation.”””” 520: Schedule 16, page 250, line 12, leave out paragraphs 83 and 84 and insert— ““83 For paragraph 4A of that Schedule (inspection of bank accounts) substitute— ““4A (1) This paragraph applies where rules made under section 33A(1) of the 1974 Act are applied— (a) to recognised bodies in accordance with section 9(2)(f) of this Act, or (b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act. (2) The Society may disclose information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use— (a) in investigating the possible commission of an offence by the body or any of its managers or employees, and (b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation.”””” 520A: Schedule 16, page 250, line 34, leave out paragraph 87 and insert— ““87 For paragraph 6 of that Schedule (compensation fund) substitute— ““6 (1) Section 36 of the 1974 Act applies in relation to recognised bodies as if for paragraphs (a) and (b) ofsubsection (1) there were substituted— ““(a) an act or omission of a recognised body or former recognised body; (b) an act or omission of a manager or employee, or former manager or employee, of a recognised body or former recognised body;””. (2) Section 36A(2) and (3) of the 1974 Act applies in relation to recognised bodies as it applies in relation to solicitors.”””” 521: Schedule 16, page 252, leave out lines 40 to 46 and insert— ““““(2) No recognised body (or manager or employee of such a body) may, except in accordance with a written permission granted by the Society under this paragraph, permit a person to whom sub-paragraph (2A) applies to— (a) be a manager of the body, or (b) have an interest in the body. (2A) This sub-paragraph applies to a person who to the knowledge of the recognised body (or, as the case may be, the manager or employee) is a person— (a) who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or (b) in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll).”” 522: Schedule 16, page 253, line 10, after ““(5)”” insert— ““In relation to an appeal under sub-paragraph (4) the High Court may make such order as it thinks fit as to payment of costs. (5A) ”” 523: Schedule 16, page 253, leave out lines 12 to 15 524: Schedule 16, page 253, line 16, leave out paragraph 90 and insert— ““90 In paragraph 10 of that Schedule (failure to disclose striking off or suspension)— (a) the existing paragraph becomes sub-paragraph (1) of that paragraph, (b) in that sub-paragraph after ““recognised body”” insert ““(or any manager or employee of such a body)””, and (c) after that sub-paragraph insert— ““(2) It is an offence for a person (““P””) to whom sub-paragraph (3) applies— (a) to seek or accept from any person an interest in a recognised body, without previously informing that person (and, if different, the recognised body) that P is a person to whom that sub-paragraph applies, or (b) to seek or accept a position as a manager of a recognised body, without previously informing that body that P is such a person. (3) This sub-paragraph applies to a person— (a) who is disqualified from practising as a solicitorby reason of one of the facts mentioned insection 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or (b) in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll). (4) A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) Subsection (2) of section 42 of the 1974 Act applies in relation to an offence under sub-paragraph (2) as it applies in relation to an offence under that section. (6) For the purposes of sub-paragraph (2)(a) a person seeks or accepts an interest in a recognised body if the person seeks or accepts an interest which if it were obtained by the person would result in the person having an interest in shares in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 71 and 107 of that Act).”””” 525: Schedule 16, page 253, line 26, leave out paragraphs (a) and (b) and insert— ““(a) for sub-paragraph (1) substitute— ““(1) The Society may give a recognised body, or any manager or employee of a recognised body, an information notice, if the Society is satisfied that it is necessary to do so for the purpose of investigating— (a) whether the recognised body, or any of its managers or employees, has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Society and applicable to the body, manager or employee by virtue of section 9 of this Act, or (b) whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) of the 1974 Act. (1A) An information notice is a notice which requires the recipient of the notice to produce or deliver to any person appointed by the Society all relevant documents in the possession, or under the control, of the recipient. (1B) An information notice may require the documents to be produced or delivered at a time and place fixed by the Society.””, (b) in sub-paragraph (2) for ““by sub-paragraph (1) of this paragraph”” substitute ““by sub-paragraphs (1) to (1B) of this paragraph””, (c) in sub-paragraph (2)(a) after ““the body”” insert ““, manager or employee””, (d) in sub-paragraph (2)(b) for ““sub-paragraph (1)”” substitute ““sub-paragraphs (1) to (1B)””, and (e) in sub-paragraph (2)(c) for ““(1)”” substitute ““(1A)””.”” 526: Schedule 16, page 254, line 7, leave out ““fee”” and insert ““charge”” 527: Schedule 16, page 254, line 10, leave out ““fee which a person”” and insert ““charge which a recognised body”” On Question, amendments agreed to. [Amendment No. 527A not moved.]