Legal Services Bill [HL]

moved Amendments Nos. 574 to 586: 574: Schedule 17, page 265, line 23, after ““““consideration””,”” insert— ““( ) omit paragraph (b),”” 575: Schedule 17, page 265, line 31, at end insert— ““( ) Omit subsection (2). ( ) In subsection (3) omit— (a) ““or (2)””, (b) ““or complaint”” (in both places), and (c) ““or paragraph (b)””.”” 576: Schedule 17, page 265, line 36, at end insert— ““( ) In subsection (5) omit ““or complaint”” (in both places).”” 576A: Schedule 17, page 266, line 39, at end insert— ““( ) In subsection (2), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).”” 577: Schedule 17, page 267, line 22, at end insert— ““ In section 25 (the Discipline and Appeals Committee), in subsection (1)(b) for ““sections 27 to”” substitute ““section 24A, 27, 28 or””.”” 577A: Schedule 17, page 267, line 44, at end insert— ““(2B) In subsection (2A), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).”” 577B: Schedule 17, page 268, line 26, at end insert— ““ In section 29 (appeals from decisions of Council in relation to licences)— (a) in subsection (1), omit ““or”” at the end of paragraph (b), (b) in that subsection, at the end of paragraph (c) insert ““or (d) refuses an application made by that person under section 17A,””, and (c) in subsection (2), after paragraph (b) insert— ““(ba) in the case of an appeal under subsection (1)(d), by order direct the Council to grant the application;””.”” 578: Schedule 17, page 268, leave out line 27 and insert— ““ (1) Section 31 (application of Schedule 5) is amended as follows. (2) In subsection (2) omit— (a) ““or complaint”” (in each place), and (b) ““or paragraph (b)””. (3) In subsection (3), for ““and 12”” substitute ““to 12A””. (4) In subsection (4) omit ““or complaint””.”” 578A: Schedule 17, page 268, line 38, at end insert— ““( ) In subsection (1)(c) for ““conditions”” substitute ““requirements””.”” 578B: Schedule 17, page 269, leave out line 19 and insert— ““(d) omit paragraph (d),”” 578C: Schedule 17, page 269, line 43, after ““(3A)”” insert— ““Rules made by the Council may provide for the Council to grant a body recognition under this section subject to one or more conditions. (3B) At any time while a body is recognised under this section, the Council may, in such circumstances as may be prescribed, direct that the body’s recognition is to have effect subject to such conditions as the Council may think fit. ““Prescribed”” means prescribed by rules made by the Council. (3C) The conditions which may be imposed undersubsection (3A) or (3B) include— (a) conditions restricting the kinds of conveyancing services that may be provided by the body; (b) conditions imposed by reference to criteria of general application; (c) conditions requiring the body to take any specified steps that will, in the opinion of the Council, be conducive to the body carrying on an efficient business; and conditions may be imposed despite the fact that they may result in expenditure being incurred by the body. (3D) On an application made by a recognised body, the Council may, in such circumstances as may be prescribed, direct— (a) the removal of a condition subject to which the body’s recognition has effect; (b) the variation of such a condition in the manner described in the application. (3E) For the purposes of subsection (3D)— (a) section 14 applies in relation to an application under that subsection as it applies in relation to an application for a licence under this Part of this Act, and (b) ““prescribed”” means prescribed by rules made by the Council. (3F) Rules under subsection (3A) or (3B) may make provision about when conditions imposed take effect (including provision conferring power on the Council to direct that a condition is not to have effect until the conclusion of any appeal in relation to it). (3G) ”” 578D: Schedule 17, page 269, leave out line 49 and insert— ““(b) for paragraph (b) substitute— ““(b) that a body’s recognition under this section does not have effect subject to any conditions or has effect subject to any particular conditions,””.”” 579: Schedule 17, page 270, line 43, leave out ““section 71 of the Legal Services Act 2007”” and insert ““Part 5 of the Legal Services Act 2007 (see sections 71 and 107 of that Act)”” 580: Schedule 17, page 271, line 10, at end insert— ““ In section 34 (modification of existing enactments relating to conveyancing etc), omit subsection (2)(c) to (e).”” 581: Schedule 17, page 272, line 14, at end insert ““in subsection (1)— ( ) in the definition of ““client””, in paragraph (a) omit ““or his firm””,”” 582: Schedule 17, page 272, line 15, leave out ““insubsection (1),”” 583: Schedule 17, page 272, line 16, leave out ““in that subsection,”” 584: Schedule 17, page 272, line 17, leave out from ““body,”” to ““, and”” in line 27 and insert ““has the same meaning as in the Legal Services Act 2007 (see section 197 of that Act);”””” 585: Schedule 17, page 273, line 5, at end insert— ““( ) In paragraph 10 for ““Secretary of State”” (in both places) substitute ““Lord Chancellor””. ( ) In paragraph 11(3) for ““Secretary of State”” substitute ““Lord Chancellor””.”” 586: Schedule 17, page 273, line 18, at end insert— ““( ) after that sub-paragraph insert— ““(aa) the Council has reason to suspect dishonesty on the part of a licensed conveyancer (““L””) in connection with— (i) the business of any person of whom L is or was an employee, or of any body of which L is or was a manager, or (ii) any business which is or was carried on by L as a sole trader;””,”” On Question, amendments agreed to. [Amendment No. 587 had been withdrawn from the Marshalled List.]