Legal Services Bill [HL]

moved Amendments Nos. 587A to 596: 587A: Schedule 17, page 273, line 21, at end insert— ““( ) after sub-paragraph (1)(e) insert— ““(ea) the Council is satisfied that a licensed conveyancer has abandoned his practice; (eb) the Council is satisfied that a licensed conveyancer has been practising in breach of any conditions subject to which his licence has effect;””,”” 588: Schedule 17, page 274, line 33, after ““Council”” insert ““, having taken such steps to do so as are reasonable in all the circumstances of the case,”” 589: Schedule 17, page 277, line 25, at end insert ““, and (b) in sub-paragraph (2) omit— (i) ““or complaint”” (in both places), and (ii) ““or (b)””.”” 589A: Schedule 17, page 277, line 35, at end insert— ““(ab) it is alleged that a recognised body (while a recognised body) has failed to comply with a condition subject to which its recognition has effect.””,”” 590: Schedule 17, page 277, line 36, after ““omit”” insert ““— (i) paragraph (b), and (ii) ”” 590A: Schedule 17, page 278, line 7, leave out from ““satisfied”” to ““the Committee”” in line 12 and insert— ““(a) in a case within paragraph 3(1)(a), that a recognised body has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph, or (b) in a case within paragraph 3(1)(aa), that a manager or employee has failed to comply with any such rules as are mentioned in that paragraph, or (c) in a case within paragraph 3(1)(ab), that a recognised body has failed to comply with any condition mentioned in that paragraph,”” 590B: Schedule 17, page 278, line 24, at end insert— ““(2A) In sub-paragraph (2), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3.”” 590C: Schedule 17, page 279, line 10, after ““3(1)(a)”” insert ““or (ab)”” 590D: Schedule 17, page 279, line 10, at end insert— ““( ) in that sub-paragraph, after paragraph (b) insert ““, or (c) has failed to comply with any such condition as is mentioned in paragraph 3(1)(ab),””,”” 590E: Schedule 17, page 279, line 13, at end insert— ““( ) after paragraph (b) of that sub-paragraph insert— ““(ba) an order reprimanding that body; (bb) an order that the recognition of that body under section 32 is to have effect subject to such conditions as may be specified in the order;””,”” 590F: Schedule 17, page 280, line 6, after ““person.”” insert— ““(2E) In sub-paragraph (2D), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3.”” 590G: Schedule 17, page 281, line 2, leave out from ““recognition),”” to end of line and insert— ““(a) in sub-paragraph (1) omit ““corporate””, (b) in paragraph (b) of that sub-paragraph for ““restrictions”” substitute ““conditions””, (c) after that paragraph insert ““, or (c) decides to give a direction in relation to that body under section 32(3B), or (d) refuses an application by that body under section 32(3D),””, (d) in sub-paragraph (2) for ““this paragraph”” substitute ““sub-paragraph (1)(a) or (b)””, (e) in paragraph (a) of that sub-paragraph— (i) for ““restrictions”” (in first place) substitute ““conditions””, and (ii) for ““restrictions falling within subsection (3)(d) of that section”” substitute ““conditions””, and (f) after that sub-paragraph insert— ““(2A) On an appeal under sub-paragraph (1)(c), the Discipline and Appeals Committee may— (a) revoke the direction of the Council undersection 32(3B), (b) direct that the body’s recognition is to have effect subject to such conditions as may be specified by the Council in the direction, or (c) affirm the decision of the Council, and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit. (2B) On an appeal under sub-paragraph (1)(d), the Discipline and Appeals Committee may— (a) direct the Council to grant the application, or (b) affirm the decision of the Council, and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.”””” 590H: Schedule 17, page 281, line 8, at end insert— ““( ) after that paragraph insert— ““(aa) the Council is satisfied that a recognised body has been carrying on business in breach of any condition subject to which the body’s recognition under section 32 of this Act has effect; or””,”” 591: Schedule 17, page 282, line 19, at end insert ““(in both places)”” 592: Schedule 17, page 283, line 12, leave out paragraphs (a) and (b) and insert— ““(a) for sub-paragraph (1) substitute— ““(1) Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation as is mentioned in paragraph 3(1)(a)(ii), (aa) or (ab), the Committee may give an information notice to a relevant person. (1A) An information notice is a notice requiring the production or delivery to any person appointed bythe Committee, at a time and a place to be fixed by the Committee, of all documents in the possession or under the control of the relevant person in connection with the matters to which the allegation relates (whether or not they relate also to other matters). (1B) In this section ““relevant person”” means— (a) in the case of an allegation against a recognised body, the recognised body or any of its managers or employees, and (b) in the case of an allegation against a manager or employee of a recognised body, the manager or employee, the recognised body or any other manager or employee of the recognised body.””, and (b) in sub-paragraph (2)— (i) for ““and 12”” substitute ““to 12A””, (ii) for ““sub-paragraph (1) of this paragraph”” (except where it appears in paragraph (d)) substitute ““sub-paragraphs (1) and (1A) of this paragraph””, (iii) in paragraph (b) after ““body”” insert ““, manager or employee””, and (iv) in paragraph (d) for ““sub-paragraph (1)”” substitute ““sub-paragraph (1A)””.”” 592A: Schedule 17, page 283, line 23, at end insert— ““( ) Omit paragraph 15 (application of rules relating to accounts etc).”” 593: Schedule 17, page 283, line 36, at end insert— ““ The Courts and Legal Services Act 1990 is amended in accordance with this Part. (1) Section 53 (the Council for Licensed Conveyancers) is amended as follows. (2) For subsections (1) to (3) substitute— ““(1) The Council for Licensed Conveyancers has the powers necessary to enable it to become designated as an approved regulator in relation to one or more of the reserved legal activities within subsection (1A). (1A) The reserved legal activities to which this subsection applies are— (a) the exercise of a right of audience; (b) the conduct of litigation; (c) probate activities. (2) If the Council becomes an approved regulator in relation to one or more of those activities, it may, in that capacity, authorise a person to carry on a relevant activity only if the person is a licensed conveyancer. (3) Where the Council authorises a licensed conveyancer to carry on a relevant activity, it is to do so by issuing a licence to the licensed conveyancer.”” (3) Omit subsection (5). (4) For subsection (6) substitute— ““(6) Where the Council exercises any of its powers in connection with— (a) an application for designation as an approved regulator in relation to a reserved legal activity withinsubsection (1A), or (b) the authorising of a person to carry on a relevant activity, it is to do so subject to any requirements to which it is subject in accordance with the provisions of the Legal Services Act 2007.”” (5) In subsection (8), for ““Secretary of State”” substitute ““Lord Chancellor””. (6) In subsection (9)— (a) for ““Secretary of State”” substitute ““Lord Chancellor””, and (b) omit paragraph (e). (7) After that subsection insert— ““(10) For the purposes of this section— (a) ““right of audience””, ““conduct of litigation””, ““probate activities”” and ““reserved legal activity”” have the same meaning as in the Legal Services Act 2007; (b) references to designation as an approved regulator are to designation as an approved regulator— (i) by Part 1 of Schedule 4 to the Legal ServicesAct 2007, by virtue of an order under paragraph 1 of Schedule 22 to that Act, or (ii) under Part 2 of Schedule 4 to that Act; (c) ““relevant activity”” means an activity which is a reserved legal activity— (i) which is within subsection (1A), and (ii) in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 1 of Schedule 22 to that Act) or under Part 2 of that Schedule.”””” 594: Schedule 17, page 283, line 37, leave out ““to the Courts and Legal Services Act 1990”” 595: Schedule 17, page 283, line 38, at end insert— ““( ) In paragraph 1 (definitions)— (a) in the definition of ““advocacy licence”” for ““and constituting”” to the end substitute ““by which the Council authorises the licensed conveyancer concerned to exercise a right of audience;””, (b) in the definition of ““litigation licence”” for ““and constituting”” to the end substitute ““by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute the conduct of litigation;””, (c) in the definition of ““probate licence”” for ““and constituting”” to the end substitute ““by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute probate activities;”” (d) at the end insert— ““““reserved legal activity”” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).”” ( ) In paragraph 2 (qualification regulations and rules of conduct), in sub-paragraph (1)— (a) for ““rules of conduct”” substitute ““conduct rules””, and (b) for ““granting of the rights or exemption”” substitute ““carrying on of the reserved legal activities””. ( ) In paragraph 4 (issue of licences), in sub-paragraph (1)— (a) in paragraph (a) for ““rules of conduct”” substitute ““conduct rules””, and (b) in paragraph (c) for ““provide the advocacy, litigation or probate services”” substitute ““carry on the reserved legal activities””. ( ) In paragraph 5 (conditional licences)— (a) for sub-paragraph (1)(d) substitute— ““(d) after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act.””, (b) in sub-paragraph (6)— (i) in paragraph (a) for ““service that may be provided”” substitute ““activities that may be carried on””, and (ii) in paragraph (b) for ““provides the additional services”” substitute ““carries on the additional activities””, (c) after sub-paragraph (7) insert— ““(8) Where a person applies for an advocacy, litigation or probate licence at a time when this paragraph has effect in relation to that person by reason of the circumstances mentioned in section 16(1)(ea) of the Act of 1985, section 16A(2) of that Act has effect as it has effect in relation to an application for a licence under Part 2 of that Act.”” ( ) Omit paragraph 7 (code of conduct). ( ) In paragraph 9 (removal of disqualification from holding a licence) after sub-paragraph (2) insert— ““(3) In relation to proceedings on an application under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the applicant.”” ( ) In paragraph 10 (revocation on grounds of error or fraud), after sub-paragraph (4) insert— ““(5) In relation to proceedings for the revocation of a licence under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the licensed conveyancer to whose licence the proceedings relate. (6) In relation to proceedings on an application under sub-paragraph (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the applicant.”” ( ) Omit paragraph 11.”” 595A: Schedule 17, page 283, line 38, at end insert— ““( ) In paragraph 12 (delegation of powers etc)— (a) in sub-paragraph (1) for ““Subject”” to ““enactment, the”” substitute ““The””, (b) in that sub-paragraph, for paragraph (b) substitute— ““(b) by a sub-committee of such a committee; or (c) by an individual (whether or not a member of the Council’s staff).””, (c) after that sub-paragraph insert— ““(1A) Where by virtue of sub-paragraph (1) any function may be discharged by a committee, the committee may arrange for the discharge of that function by— (a) a sub-committee of that committee; or (b) an individual, whether or not a member of the Council’s staff. (1B) Sub-paragraph (1A) is subject to any contrary direction given by the Council. (1C) Arrangements made under sub-paragraph (1) or (1A) 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). (1D) For this purpose ““the delegating body”” means— (a) in the case of arrangements under sub-paragraph (1), the Council, and (b) in the case of arrangements under sub-paragraph (1A), the committee.””, (d) for sub-paragraph (3) substitute— ““(3) Any power conferred by sub-paragraph (1), (1A) or (2) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.””, (e) for sub-paragraphs (6) and (7) substitute— ““(6) A committee or sub-committee established under this paragraph may include or consist of individuals other than— (a) members of the Council; (b) licensed conveyancers. (7) A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee. (7A) The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council. (7B) A committee or sub-committee may regulate its own procedure, including quorum.””, and (f) after sub-paragraph (9) insert— ““(10) This paragraph is subject to any provision to the contrary made by or under any enactment.”” ( ) Omit paragraph 13 (Council’s intervention powers).”” 596: Schedule 17, page 283, line 39, leave outsub-paragraphs (2) and (3) On Question, amendments agreed to. Clause 175 [Commissioners for oaths]: