UK Parliament / Open data

Legal Services Bill [HL]

moved Amendments Nos. 552A to 561A: 552A: Schedule 16, page 260, line 24, leave out paragraph 115 and insert— ““115 The Courts and Legal Services Act 1990 is amended in accordance with this Part of this Schedule. 115A In section 89 (foreign lawyers: recognised bodies and partnerships with solicitors)— (a) for subsection (3)(a)(iv) substitute— ““(iv) sections 36 and 36A (compensation grants); and””, (b) in subsection (5) for ““Secretary of State”” substitute ““Lord Chancellor””, (c) in paragraph (a) of that subsection for ““the commencement of this section”” substitute ““or in the same Session as the Legal Services Act 2007 was passed””, (d) in subsection (6) for ““Secretary of State”” substitute ““Lord Chancellor””, (e) in subsection (7) for ““Secretary of State”” (in both places) substitute ““Lord Chancellor””, (f) in paragraph (a) of that subsection for ““the commencement of this section”” substitute ““or in the same Session as the Legal Services Act 2007 was passed””, and (g) after subsection (8) insert— ““(8A) Rules and regulations made by the Law Society under, or by virtue of, this section or Schedule 14 which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.”” 115B Schedule 14 to that Act (foreign lawyers: partnerships and recognised bodies) is amended as follows.”” 553: Schedule 16, page 260, line 33, at end insert— ““( ) omit sub-paragraph (3),”” 554: Schedule 16, page 260, line 38, at end insert— ““( ) in that sub-paragraph, after paragraph (b) insert ““and (c) the making available to the public of the information contained in the register (including the manner in which, and hours during which, the information is to be made so available and whether the information is to be made available free of charge).””,”” 555: Schedule 16, page 260, line 39, at end insert— ““ After paragraph 2 insert— ““2A (1) The Society may direct that a foreign lawyer’s registration is to have effect subject to such conditions as the Society thinks fit to impose. (2) A direction under sub-paragraph (1) may be given in respect of a foreign lawyer (a) at the time he is first registered, or (b) at any time when the registration has effect.”””” 556: Schedule 16, page 260, line 44, at end insert ““and— (ii) omit ““by virtue of his being a member of that partnership””,”” 557: Schedule 16, page 260, line 45, leave out ““and (i)”” 558: Schedule 16, page 260, line 46, at end insert— ““( ) after sub-paragraph (3)(e) insert— ““(ea) the Society is satisfied that he has abandoned his practice;””, ( ) in sub-paragraph (3)(i)— (i) for ““Council are”” substitute ““Society is””, and (ii) for ““an officer”” (in both places) substitute ““a manager””, ( ) after that sub-paragraph insert— ““(j) the Society is satisfied that it is necessary to exercise the intervention powers (or any of them) in relation to the registered foreign lawyer to protect— (i) the interests of clients (or former or potential clients) of the registered foreign lawyer or the multi-national partnership, or (ii) the interests of the beneficiaries of any trust of which the registered foreign lawyer is or was a trustee.””,”” 559: Schedule 16, page 261, line 1, leave out paragraph (c) and insert— ““( ) omit sub-paragraph (4), ( ) in sub-paragraph (5)(a) for ““a complaint is made to the Society”” substitute ““the Society is satisfied””,”” 560: Schedule 16, page 261, leave out line 3 561: Schedule 16, page 261, line 5, at end insert ““, and ( ) after sub-paragraph (9) insert— ““(10) In this paragraph ““manager””, in relation to a recognised body, has the same meaning as in the Legal Services Act 2007 (see section 197 of that Act).”””” 561A: Schedule 16, page 261, line 6, leave out paragraphs 120 and 121 and insert— ““120 For paragraph 6 (compensation fund) substitute— ““6 Section 36 of the 1974 Act applies in relation to registered foreign lawyers as if for paragraphs (a) and (b) of subsection (1) there were substituted— ““(a) an act or omission of a registered foreign lawyer or former registered foreign lawyer; (b) an act or omission of an employee or former employee of a registered foreign lawyer or former registered foreign lawyer;””. 121 For paragraph 7 (contributions to fund) substitute— ““7 Section 36A(2) and (3) of the 1974 Act applies in relation to registered foreign lawyers as it applies in relation to solicitors.”””” On Question, amendments agreed to. [Amendment No. 561B not moved.]

About this proceeding contribution

Reference

691 c1371-2 

Session

2006-07

Chamber / Committee

House of Lords chamber
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