Legal Services Bill [HL]

moved Amendments Nos. 528 to 551: 528: Schedule 16, page 254, line 19, leave out from ““sub-paragraph”” to end of line 20 and insert ““for ““section 34 of the 1974 Act”” substitute ““any requirement imposed by or by virtue of this Act””,”” 529: Schedule 16, page 254, line 21, leave out paragraph (c) and insert— ““(c) for paragraph (c) of that sub-paragraph substitute— ““(c) a complaint that the body has acted in contravention of section 41 of the 1974 Act or paragraph 9(2) of this Schedule or of any conditions subject to which a permission has been granted under section 41 of that Act or that paragraph of this Schedule; or””, and”” 530: Schedule 16, page 254, line 36, after ““Act”” insert ““or paragraph 9(2) of this Schedule”” 531: Schedule 16, page 254, line 38, at end insert ““or for the purposes of paragraph 9(2) of this Schedule”” 532: Schedule 16, page 255, line 9, leave out from ““sub-paragraph”” to end of line 10 and insert ““for ““section 34 of the 1974 Act”” substitute ““any requirement imposed by or by virtue of this Act””,”” 533: Schedule 16, page 255, line 25, leave out ““16A(1A)”” and insert ““16(1A)”” 534: Schedule 16, page 255, line 34, leave out ““or a registered European lawyer”” 535: Schedule 16, page 255, line 42, leave out ““or registered European lawyer”” 536: Schedule 16, page 255, line 44, leave out ““or registered European lawyer”” 537: Schedule 16, page 256, line 4, after ““body”” insert ““or manager or employee of such a body”” 538: Schedule 16, page 256, line 12, at end insert— ““( ) Subsections (1) to (1C), (3) and (4) of section 44 of the 1974 Act (offences in connection with orders under section 43(2) of that Act) apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of that Act, except that references in those subsections to provision within section 43(2)(a), (b) or (c) of that Act are to be read as references to provision within sub-paragraph (3)(a), (b) or (c).”” 539: Schedule 16, page 256, line 14, leave out ““14(3A)”” and insert ““15(3A)”” 540: Schedule 16, page 256, line 17, leave out ““that Act”” and insert ““the 1974 Act”” 541: Schedule 16, page 256, line 29, leave out paragraph (a) 542: Schedule 16, page 256, line 32, at end insert— ““( ) for ““legal aid work”” substitute ““providing representation funded by the Legal Services Commission as part of the Criminal Defence Service””, and omit sub-paragraph (2).”” 543: Schedule 16, page 257, line 1, leave out paragraphs 102 and 103 and insert— ““102 In paragraph 23 (orders as to remuneration for non-contentious business)— (a) the existing provision becomes sub-paragraph (1) of that paragraph, (b) in that sub-paragraph for ““regulating (in accordance with paragraph 22)”” substitute ““prescribing (by virtue of paragraph 22) general principles to be applied when determining””, and (c) in that sub-paragraph for paragraph (b) substitute— ““(b) in paragraph (d), the reference to the solicitor were a reference to any manager or employee of the recognised body who is an authorised person.””, and (d) after that sub-paragraph insert— ““(2) In this paragraph ““authorised person”” means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 17 of that Act).”””” 543A: Schedule 16, page 257, line 15, leave out paragraph 104 and insert— ““104 For paragraph 24 of that Schedule (effect of contentious business agreements) substitute— ““24 (1) This paragraph applies in relation to a contentious business agreement made between a recognised body and a client. (2) A provision in the agreement that the body shall not be liable for the negligence of any of its managers or employees 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. (3) A provision in the agreement that the body shall be relieved from any responsibility to which it would otherwise be subject in the course of carrying on its business as a recognised body shall be void.”””” 544: Schedule 16, page 257, line 19, leave out paragraph (a) and insert— ““(a) for sub-paragraph (1)(b) substitute— ““(b) a relevant insolvency event occurs in relation to the body;””,”” 545: Schedule 16, page 257, line 26, at end insert ““, and ( ) after that sub-paragraph insert— ““(4) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if— (a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986; (b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act; (c) an administrative receiver within the meaning of section 251 of that Act is appointed; (d) a meeting of creditors is held in relation to the body under section 95 of that Act (creditors’ meeting which has the effect of converting a members’ voluntary winding up into a creditors’ voluntary winding up); (e) an order for the winding up of the body is made.”””” 546: Schedule 16, page 257, line 33, after ““officer””,”” insert— ““( ) after ““the body”” (in the second place) insert ““or any manager or employee of the body””,”” 547: Schedule 16, page 257, line 40, at end insert— ““ In paragraph 28 (power of court to order recognised body to pay over clients’ money) after ““client”” (in the third place) insert ““or any manager or employee of such a body””.”” 547A: Schedule 16, page 257, line 41, leave out paragraph 107 and insert— ““107 For paragraph 29 of that Schedule (actions to recover costs) substitute— ““29 (1) Subsection (2A) of section 69 of the 1974 Act shall have effect in relation to a bill of costs delivered by a recognised body as if for paragraphs (a) and (b) there were substituted— ““(a) signed on behalf of the recognised body by any manager or employee of the body authorised by it to do so, or (b) enclosed in, or accompanied by, a letter which is so signed and refers to the bill.”” (2) Subsection (2E) of that section shall have effect in relation to such a bill as if for ““the solicitor”” there were substituted ““the recognised body””.”””” 548: Schedule 16, page 257, line 42, at end insert— ““ In paragraph 30 (power of Society to inspect files relating to certain proceedings), for paragraph (b) substitute— ““(b) for the appointment of an administrative receiver within the meaning of section 251 of the Insolvency Act 1986; or””.”” 549: Schedule 16, page 257, line 43, at end insert ““, and (b) after ““bank”” insert ““or building society””.”” 550: Schedule 16, page 258, line 3, after ““bank”” insert ““or building society”” 551: Schedule 16, page 258, line 10, at end insert ““, and ( ) for ““it”” substitute ““the body or manager””. ( ) Omit sub-paragraph (1)(b).”” On Question, amendments agreed to. [Amendment No. 552 had been withdrawn from the Marshalled List.]