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back to previous amendments
| | 15A (1) During the transitional period, every authorised member of the Association of Law Costs Draftsmen is deemed to be authorised by that Association to administer oaths. |
| (2) | In this paragraph, "authorised member of the Association of Law Costs Draftsmen" means a member of that Association who has been authorised by that Association to carry on one or both of the following activities— |
| (a) | the exercise of a right of audience; |
| (b) | the conduct of litigation. |
| (3) | The authority conferred by sub-paragraph (1) is exercisable in accordance with and subject to the regulatory arrangements of the Association of Law Costs Draftsmen." |
| | BARONESS ASHTON OF UPHOLLAND |
| 92 | Page 11, line 23, leave out "Secretary of State" and insert "Lord Chancellor" |
| | BARONESS ASHTON OF UPHOLLAND |
| 93 | Page 11, line 31, leave out "Secretary of State" and insert "Lord Chancellor" |
| 94 | Page 11, line 38, leave out "Secretary of State" and insert "Lord Chancellor" |
| 95 | Page 12, line 2, leave out "Secretary of State" and insert "Lord Chancellor" |
| 96 | Page 12, line 7, leave out "Secretary of State" and insert "Lord Chancellor" |
| 97 | Page 12, line 8, leave out "Secretary of State" and insert "Lord Chancellor" |
| | BARONESS ASHTON OF UPHOLLAND |
| 98 | Page 12, line 12, leave out "Secretary of State" and insert "Lord Chancellor" |
| 99 | Page 12, line 16, leave out "Secretary of State" and insert "Lord Chancellor" |
| 100 | Page 12, line 22, leave out "Secretary of State" and insert "Lord Chancellor" |
| 101 | Page 12, line 38, leave out "Secretary of State" and insert "Lord Chancellor" |
| 102 | Page 12, line 40, leave out "Secretary of State" and insert "Lord Chancellor" |
| | BARONESS ASHTON OF UPHOLLAND |
| 103 | Page 13, line 6, leave out "Secretary of State" and insert "Lord Chancellor" |
| 104 | Page 13, line 8, leave out "Secretary of State" and insert "Lord Chancellor" |
| 105 | Page 13, line 10, leave out "Secretary of State" and insert "Lord Chancellor" |
| 106 | Page 13, line 11, leave out "Secretary of State" and insert "Lord Chancellor" |
| 107 | Page 13, line 12, leave out "Secretary of State's" and insert "Lord Chancellor's" |
| | BARONESS ASHTON OF UPHOLLAND |
| 108 | Page 143, line 36, leave out "Secretary of State" and insert "Lord Chancellor" |
| 109 | Page 145, line 34, leave out "Secretary of State" and insert "Lord Chancellor" |
| 110 | Page 146, line 1, leave out "Secretary of State" and insert "Lord Chancellor" |
| 111 | Page 146, line 3, leave out "Secretary of State" and insert "Lord Chancellor" |
| 112 | Page 146, line 11, leave out "Secretary of State" and insert "Lord Chancellor" |
| 113 | Page 148, line 41, leave out "Secretary of State" and insert "Lord Chancellor" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD MACLENNAN OF ROGART
LORD CARLILE OF BERRIEW |
| 114 | Page 13, line 29, leave out ", so far as is reasonably practicable," |
| | BARONESS ASHTON OF UPHOLLAND |
| 115 | Page 13, line 36, at end insert "and" |
| 116 | Page 13, line 38, leave out from "practice," to end of line 39 |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL |
| 117 | Page 14, line 8, leave out "prejudiced" and insert "improperly constrained or influenced" |
| | BARONESS ASHTON OF UPHOLLAND |
| 118 | Page 14, line 41, leave out "Secretary of State" and insert "Lord Chancellor" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART |
| 119 | Page 15, line 13, leave out "one or more of" |
| 120 | Page 15, line 13, after "objectives" insert "taken as a whole" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART |
| 121 | Page 16, line 2, leave out "an" and insert "a significant" |
| 122 | Page 16, line 2, leave out "one or more of" |
| 123 | Page 16, line 3, after "objectives" insert "taken as a whole" |
| | BARONESS ASHTON OF UPHOLLAND |
| 124 | Page 150, line 27, leave out "Secretary of State" and insert "Lord Chancellor" |
| 125 | Page 150, line 36, leave out from "The" to "thinks" in line 37 and insert "Lord Chancellor must give the Board such advice as the Lord Chancellor" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART |
| 126 | Page 17, line 15, leave out "an" and insert "a significant" |
| 127 | Page 17, line 15, leave out "one or more of" |
| 128 | Page 17, line 16, after "objectives" insert "taken as a whole" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY |
| 129 | Insert the following new Clause— |
| | "Appeal against public censure |
| (1) | An approved regulator in respect of whom the Board decides to publish a statement under section 34 may appeal to the court on one or more of the appeal grounds. |
| (2) | The appeal grounds are— |
| (a) | that the decision was not within the power of the Board under section 34; |
| (b) | that any of the requirements of section 37 have not been complied with in relation to the imposition of the penalty and the interests of the approved regulator have been substantially prejudiced by the non-compliance; |
| (c) | that in all the circumstances, the publication of a statement under section 34 is, or the terms of the statement published or to be published are (or would be), manifestly unreasonable or manifestly inappropriate; |
| (d) | that the decision is unlawful on any ground that would give rise to a claim for judicial review. |
| (3) | An appeal under subsection (1) must be made within the period of 42 days beginning with the day on which the notice under section 35(4A) was given to the approved regulator. |
| (4) | Where an appeal is made before expiry of the 7-day period mentioned in section 35(4A), the Board must not (unless the court otherwise orders) publish the statement until the appeal has been withdrawn or dismissed. |
| (5) | On an appeal under subsection (1), where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the appeal grounds, the court may— |
| (a) | quash the decision to publish a statement, or |
| (b) | vary the terms of the statement (and, where the statement has been published, direct the Board to publish to the same extent the statement as varied). |
| (6) | In this section, "the court" means the High Court." |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY |
| 130 | Page 17, line 42, at end insert— |
| "(4A) | As soon as practicable after deciding to publish a statement, the Board must give notice to the approved regulator stating that it has reached that decision and setting out the terms in which the statement is to be published; and the Board must not publish the statement until after the expiry of 7 days beginning with the day on which notice is given under this subsection." |
| | BARONESS ASHTON OF UPHOLLAND |
| 131 | Page 18, line 4, leave out paragraph (a) and insert— |
| "(a) | that an approved regulator has failed to comply with a requirement to which this section applies, and" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART |
| 132 | Page 18, line 5, leave out "an" and insert "a significant" |
| 133 | Page 18, line 5, leave out "one or more of" |
| 134 | Page 18, line 6, after "objectives" insert "taken as a whole" |
| 135 | Page 18, line 6, after "objectives," insert— |
| "( ) | that the approved regulator has failed to comply with a direction made under section 31," |
| | BARONESS ASHTON OF UPHOLLAND |
| 136 | Page 18, line 8, at end insert— |
| "( ) | This section applies to any requirement imposed on the approved regulator— |
| (a) | by rules under section 29 (internal governance rules), |
| (b) | by a direction given under section 31 (Board directions), or |
| (c) | by section 50 (control of practising fees charged by approved regulators) or by rules under that section." |
| 137 | Page 18, line 9, leave out from "the" to ", of" in line 10 and insert "failure" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY |
| 138 | Page 18, line 11, at end insert— |
| "( ) | The Board may not determine that it is appropriate to impose a penalty unless it is satisfied that the matter cannot be adequately addressed by the Board exercising the powers available to it under sections 30 to 35." |
| | BARONESS ASHTON OF UPHOLLAND |
| 139 | Page 18, line 14, leave out "Secretary of State" and insert "Lord Chancellor" |
| 140 | Page 18, line 17, leave out subsection (6) |
| | BARONESS ASHTON OF UPHOLLAND |
| 141 | Page 18, line 27, leave out "acts or omissions" and insert "failure" |
| 142 | Page 19, line 7, leave out "acts or omissions" and insert "failure" |
| 143 | Page 19, line 10, leave out "42 days" and insert "3 months" |
| | BARONESS ASHTON OF UPHOLLAND |
| 144 | Page 19, line 35, leave out "42 days" and insert "3 months" |
| 145 | Page 19, line 39, leave out "42 days" and insert "3 months" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART |
| 146 | Page 20, line 40, leave out "an" and insert "a significant" |
| 147 | Page 20, line 40, leave out "one or more of" |
| 148 | Page 20, line 41, after "objectives" insert "taken as a whole" |
| | BARONESS ASHTON OF UPHOLLAND |
| 149 | Page 21, line 34, leave out "Secretary of State" and insert "Lord Chancellor" |
| 150 | Page 22, line 1, leave out "Secretary of State" and insert "Lord Chancellor" |
| 151 | Page 22, line 5, leave out "Secretary of State" and insert "Lord Chancellor" |
| | BARONESS ASHTON OF UPHOLLAND |
| 152 | Page 154, line 10, leave out "Secretary of State" and insert "Lord Chancellor" |
| 153 | Page 154, line 19, leave out from "The" to "thinks" in line 20 and insert "Lord Chancellor must give the Board such advice as the Lord Chancellor" |
| 154 | Page 157, line 27, leave out "Secretary of State" and insert "Lord Chancellor" |
| 155 | Page 157, line 36, leave out from "The" to "thinks" in line 37 and insert "Lord Chancellor must give the Board such advice as the Lord Chancellor" |
| | BARONESS ASHTON OF UPHOLLAND |
| 156 | Page 22, line 30, leave out "Secretary of State" and insert "Lord Chancellor" |
| 157 | Page 22, line 36, leave out "Secretary of State" and insert "Lord Chancellor" |
| 158 | Page 23, line 10, leave out "Secretary of State" and insert "Lord Chancellor" |
| | LORD KINGSLAND
LORD HUNT OF WIRRAL
LORD CAMPBELL OF ALLOWAY
LORD MACLENNAN OF ROGART |
| 159 | Page 23, line 15, leave out "an" and insert "a significant" |
| 160 | Page 23, line 15, leave out "one or more of" |
| 161 | Page 23, line 16, after "objectives" insert "taken as a whole" |
| | BARONESS ASHTON OF UPHOLLAND |
| 162 | Page 23, line 25, leave out "Secretary of State" and insert "Lord Chancellor" |
| 163 | Page 23, line 26, leave out "Secretary of State" and insert "Lord Chancellor" |
| 164 | Page 23, line 28, leave out "Secretary of State" and insert "Lord Chancellor" |
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