Legal Services Bill [HL]

moved Amendments Nos. 648 to 659: 648: Schedule 22, page 298, line 11, at end insert— ““Transitory power to modify the functions of bodies A1 (1) Paragraphs A2 to A4 have effect until such time as the Board is first constituted in accordance with paragraph 1 of Schedule 1. (2) Where an order under paragraph A2 has effect immediately before that time, it is to be treated from that time as if it were an order made by the Lord Chancellor under section 68 (and in accordance with that section and section 69). (3) Where that order is made by virtue of paragraph A4, the reference in sub-paragraph (2) to section 68 is a reference to that section as modified by section 173. A2 (1) The Lord Chancellor may by order modify, or make any other provision relating to, the functions of a designated regulator or any other body. (2) For this purpose ““designated regulator”” means— (a) The Law Society; (b) The General Council of the Bar; (c) The Master of the Faculties; (d) The Institute of Legal Executives; (e) the Council for Licensed Conveyancers; (f) The Chartered Institute of Patent Attorneys; (g) The Institute of Trade Mark Attorneys; (h) The Association of Law Costs Draftsmen; (i) any other body which is a body to which sub-paragraph (3) applies. (3) This sub-paragraph applies to— (a) a body designated as an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990 (c. 41) (rights of audience and rights to conduct litigation); (b) a body approved under Schedule 9 to that Act (approval of body to grant exemption from prohibition on preparation of probate papers etc); (c) a body prescribed by regulations under section 113 of that Act (administration of oaths and taking of affidavits). (4) The Lord Chancellor may make an order under sub-paragraph (1) only if— (a) the body to which the order relates has made a recommendation under this section to which was annexed a draft order, and (b) the body to which the order relates consents to the order which is made. (5) The Lord Chancellor may make an order under this paragraph only for the purpose of enabling the body to which it relates to do one or more of the following— (a) to become a body within sub-paragraph (3); (b) to grant its members rights for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990 (c. 41), to exempt its members for the purposes of section 55 of that Act or to authorise its members for the purposes of section 113 of that Act; (c) if it is or becomes a designated regulator, to regulate its members more effectively or efficiently; (d) if it is or becomes a designated regulator, to expand the categories of persons who are eligible to be members of the body; (e) to do any of the things mentioned in paragraphs (a) to (e) of section 68(3) at a time after paragraph 1 of Schedule 4 comes into force. (6) An order under this paragraph may make provision in relation to the body to which the order relates, and members of that body, corresponding to the provision which by virtue of subsection (4) or (5) of section 68 may be made by an order under that section in relation to an approved regulator and persons authorised by that regulator to carry on reserved legal activities or to provide immigration advice or immigration services. (7) Any provision made by an order under this paragraph may be expressed to be conditional upon— (a) the coming into force of paragraph 1 of Schedule 4; (b) the body to which the order relates being designated by an order under Part 2 of that Schedule as an approved regulator, or by an order under Part 1 of Schedule 10 as a licensing authority, in relation to one or more reserved legal activities specified in the order; (c) the body to which the order relates becoming a designated qualifying regulator under section 86A of the Immigration and Asylum Act 1999 (c. 33). (8) An order under this paragraph may modify provisions made by or under any enactment (including this Act or any Act passed after this Act), prerogative instrument or other instrument or document. (9) The powers to make an order conferred by this paragraph are without prejudice to any powers (statutory or non-statutory) which a designated regulator or other body may have apart from this section. (10) In this paragraph ““member”” in relation to a body includes any person who is not a member of the body but who may be subject to disciplinary sanctions for failure to comply with any of its rules. A3 (1) This paragraph applies where a body makes a recommendation under paragraph A2. (2) The Lord Chancellor must publish a document containing— (a) the recommendation, and (b) the draft order annexed to it. (3) The document must be accompanied by a notice which states that representations about it may be made to the Lord Chancellor within a specified period. (4) The Lord Chancellor must give a copy of the document to the Office of Fair Trading and the Lord Chief Justice, and invite each of them to provide advice on it within that period. (5) The Lord Chancellor may give a copy of the document to the Legal Services Consultative Panel or any other person, and invite them to provide advice on it within that period. (6) The Lord Chancellor must have regard to any representations and advice duly given. (7) If the order which the Lord Chancellor proposes to make differs from the draft order published under sub-paragraph (2), the Lord Chancellor must, before making the order, publish the revised draft order along with a statement detailing the changes made and the reasons for those changes. A4 Paragraphs A2 and A3 apply in relation to the Solicitors Disciplinary Tribunal as they apply in relation to a designated regulator, but as if in paragraph A2— (a) in sub-paragraph (4)(a) the reference to the body to which the order relates were a reference to the Solicitors Disciplinary Tribunal or the Law Society, and (b) for sub-paragraph (5) of that paragraph there were substituted— ““(5) The Lord Chancellor may make an order under this paragraph only for the purpose of enabling the Solicitors Disciplinary Tribunal to carry out its role more effectively or efficiently.””, and (c) sub-paragraphs (6) and (7) of that paragraph were omitted.”” 649: Schedule 22, page 298, line 29, leave out ““Secretary of State”” and insert ““Lord Chancellor”” 650: Schedule 22, page 299, line 1, leave out ““Secretary of State”” and insert ““Lord Chancellor”” 651: Schedule 22, page 300, line 31, at end insert— ““ ( ) Until the repeal of paragraphs 17 and 19 of Schedule 8 to the Courts and Legal Services Act 1990 (c. 41) by Schedule 23 to this Act comes into force, those paragraphs have effect as if— (a) in paragraph 17 (inadequate professional services: failure to comply with direction), after sub-paragraph (2) there were inserted— ““(3) In relation to proceedings before the Discipline and Appeals Committee in respect of such a complaint, the Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the licensed conveyancer against whom the complaint was made; (c) if the person on whose complaint the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.””, and (b) paragraph 19(b) (inadequate professional services: costs) were omitted.”” 651A: Schedule 22, page 300, line 31, at end insert— ““Exercise of Board’s functions pending appointment of Chief Executive (1) Until the first Chief Executive of the Board is appointed under paragraph 11 of Schedule 1, the Board’s functions under— (a) Schedule 1, (b) Schedule 15, and (c) paragraph 4(8) of this Schedule, may be exercised by the ordinary members of the Board. (2) For that purpose ““ordinary member”” has the same meaning as in Schedule 1.”” 652: Schedule 22, page 300, line 33, leave out ““Secretary of State”” and insert ““Lord Chancellor”” 653: Schedule 22, page 300, line 36, leave out ““Secretary of State”” and insert ““Lord Chancellor”” 654: Schedule 22, page 300, line 38, leave out ““Secretary of State”” and insert ““Lord Chancellor”” 654A: Schedule 22, page 301, line 1, leave out ““the membership of the Board is first constituted”” and insert ““the Chairman of the Board, and at least 7 other ordinary members of the Board (within the meaning of Schedule 1) have been appointed”” 654B: Schedule 22, page 301, line 4, leave out ““the membership of the Board is first constituted”” and insert ““the Chairman of the Board, and at least 7 other ordinary members of the Board (within the meaning of Schedule 1) have been appointed”” 655: Schedule 22, page 301, line 19, leave out ““Secretary of State”” and insert ““Lord Chancellor”” 655A: Schedule 22, page 301, line 45, at end insert— ““(1) During the transitional period, the reference to an authorised person in section 1A(d) of the Solicitors Act 1974 (practising certificates: employed solicitors) is to be read as a reference to a person listed in paragraph 6(1), other than a person listed in paragraph (b) or (c) of that paragraph. (2) For this purpose ““the transitional period”” means the period which— (a) begins with the day on which section 1A(d) of the Solicitors Act 1974 (as inserted by Schedule 16) comes into force, and (b) ends with the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity).”” 655B: Schedule 22, page 301, line 45, at end insert— ““ (1) During the transitional period, section 69 of the Solicitors Act 1974 (action to recover solicitor’s costs) has effect as if— (a) after subsection (2A)(a) of that section there were inserted— ““(aa) in a case where the costs are due to a firm, signed by a partner of the firm, either in his own name or in the name of the firm, or on his behalf by any employee of the firm authorised by him to sign, or””, and (b) in subsection (2A)(b), after ““paragraph (a)”” there were inserted ““or (aa)””. (2) For this purpose ““the transitional period”” means the period which— (a) begins with the day on which subsections (2) to (2F) of that section (as substituted by Schedule 16) come into force, and (b) ends with the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity). (3) This paragraph does not apply in relation to section 69 of the Solicitors Act 1974 as it has effect by virtue of paragraph 29 of Schedule 2 to the Administration of Justice Act 1985.”” Solicitors Act 1974 (c. 47)”” 656: Schedule 22, page 302, line 27, leave out ““or”” 657: Schedule 22, page 302, line 28, after ““mark”” insert ““attorney”” 658: Schedule 22, page 302, line 29, at end insert ““, or ( ) an authorised member of the Association of Law Costs Draftsmen (within the meaning of paragraph 15A of Schedule 5).”” 659: Schedule 22, page 302, line 35, at end insert— ““Functions transferred to the Lord Chancellor (1) This paragraph applies where, by virtue of an amendment made to an enactment by this Act, a function of the Secretary of State is transferred to the Lord Chancellor. (2) In this paragraph such a function is referred to as a ““transferred function””. (3) Any subordinate legislation made by the Secretary of State in exercise of a transferred function is to have effect as if made or done by the Lord Chancellor. (4) So far as is appropriate in consequence of the transfer, anything else done by the Secretary of State in exercise of a transferred function is to be treated as if done by the Lord Chancellor.”” On Question, amendments agreed to. Schedule 23 [Repeals]: