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8 May 2007 : Column 1360

(b) enclosed in, or accompanied by, a letter which is signed as mentioned in paragraph (a) and refers to the bill.

(2B) For the purposes of subsection (2A) the signature may be an electronic signature.

(2C) A bill is delivered in accordance with this subsection if—

(a) it is delivered to the party to be charged with the bill personally,(b) it is delivered to that party by being sent to him by post to, or left for him at, his place of business, dwelling-house or last known place of abode, or(c) it is delivered to that party—(i) by means of an electronic communications network, or(ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible,and that party has indicated to the person making the delivery his willingness to accept delivery of a bill sent in the form and manner used.

(2D) An indication to any person for the purposes of subsection (2C)(c)—

(a) must state the address to be used and must be accompanied by such other information as that person requires for the making of the delivery;(b) may be modified or withdrawn at any time by a notice given to that person.

(2E) Where a bill is proved to have been delivered in compliance with the requirements of subsections (2A) and (2C), it is not necessary in the first instance for the solicitor to prove the contents of the bill and it is to be presumed, until the contrary is shown, to be a bill bona fide complying with this Act.

(2F) A bill which is delivered as mentioned in subsection (2C)(c) is to be treated as having been delivered on the first working day after the day on which it was sent (unless the contrary is proved).”

(4) At the end insert—

“(5) In this section references to an electronic signature are to be read in accordance with section 7(2) of the Electronic Communications Act 2000 (c. 7).

(6) In this section—

“electronic communications network” has the same meaning as in the Communications Act 2003 (c. 21);“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).””

Schedule 16, page 237, line 18, after “committee,” insert—

“( ) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society,”

Schedule 16, page 237, leave out lines 21 to 23

Schedule 16, page 237, line 27, after “committee,” insert—

“( ) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society,”

Schedule 16, page 237, line 29, at end insert—

“(3A) Where, by virtue of subsection (1) or (3), any function may be discharged by a sub-committee, that sub-committee may arrange for the discharge of the function by an individual (whether or not a member of the Society’s staff).

8 May 2007 : Column 1361

(3B) Arrangements made under this section 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).

(3C) In subsection (3B) “the delegating body” means—

(a) in the case of arrangements under subsection (1), the Council,(b) in the case of arrangements under subsection (3), the committee,(c) in the case of arrangements under subsection (3A), the sub-committee.

(3D) Subsections (3) and (3A) have effect subject to any contrary direction given by the Council.

(3E) Where arrangements under subsection (3A) relate to a function delegated by a committee under subsection (3), subsection (3A) also has effect subject to any contrary direction given by that committee.

(3F) Any power given by subsection (1), (3) or (3A) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.”

Schedule 16, page 237, line 43, at end insert—

“(8A) In this section “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.”

Schedule 16, page 238, line 8, at end insert—

“ Before section 87 (interpretation) insert—

“86A Rules

(1) Rules made by the Society under this Act may —

(a) make provision generally or subject to exceptions or only in relation to specified cases;(b) make different provision for different cases or circumstances or for different purposes.

(2) Without prejudice to the generality of subsection (1), any rules prescribing a fee may provide for that fee to be reduced or waived in such circumstances as may be specified in the rules.””

Schedule 16, page 238, line 9, after “(interpretation)” insert—

“(a) in the definition of “client account”, for “in” to the end substitute “subject to rules under section 32(1)(a)”, and(b) ”

Schedule 16, page 238, line 11, at end insert—

““duly certificated notary public””

Schedule 16, page 238, line 13, at end insert—

““replacement date””

Schedule 16, page 238, line 14, at end insert—

“ In section 89 (consequential amendments etc.), omit subsection (7).”

Schedule 16, page 238, line 19, at end insert—

“( ) after that sub-paragraph insert—“(aa) the Society has reason to suspect dishonesty on the part of a solicitor (“S”) in connection with—(i) the business of any person of whom S is or was an employee, or of any body of which S is or was a manager, or(ii) any business which is or was carried on by S as a sole trader;”,”

Schedule 16, page 238, line 26, at end insert—

“( ) in sub-paragraph (1)(h)—(i) for “Council are” substitute “Society is”, and(ii) omit “sole”,”

Schedule 16, page 238, line 27, leave out “(1)(h), (i)” and insert “(1)(i)”

Schedule 16, page 238, line 31, after “(iii)” insert “for “an officer” substitute “a manager”, and

8 May 2007 : Column 1362

(iii) in that sub-paragraph”

Schedule 16, page 238, leave out line 42 and insert—

“( ) after sub-paragraph (1) insert—“(1A) In sub-paragraph (1) “manager” has the same meaning as in the Legal Services Act 2007 (see section 197 of that Act).”, and”

Schedule 16, page 238, line 44, leave out from “delay)” to end of line 2 on page 239 and insert “—

(a) for “10(3)” substitute “10(9)”,(b) in paragraph (a)—(i) for “a complaint is made to the Society” substitute “the Society is satisfied”,(ii) for “was instructed” substitute “is or was acting”, and(iii) for “controlled trust” substitute “trust”, and(c) in paragraph (c) for “Council regard” substitute “Society regards”.”

Schedule 16, page 239, line 12, at end insert “, and

( ) in sub-paragraph (2)(c) for “to which the complaint relates” substitute “in connection with which the Society is satisfied there has been undue delay as mentioned in sub-paragraph (a) of that paragraph”.”

Schedule 16, page 239, line 32, after “Society” insert “, having taken such steps to do so as are reasonable in all the circumstances of the case,”

Schedule 16, page 239, line 36, after “Society)” insert “—

(a) after “paragraph 6” insert “or 6A(3)”, and(b) ”

Schedule 16, page 242, line 10, leave out paragraph 71 and insert—

“71 Omit Schedule 2 (the compensation fund).”

On Question, amendments agreed to.

[Amendments Nos. 492AA to 492AC not moved.]

Baroness Ashton of Upholland moved Amendment No. 492B:

Schedule 16, page 244, line 27, after “(c)” insert “—

(i) for “conditions” substitute “requirements”, and(ii) ”

On Question, amendment agreed to.

8.30 pm

[Amendment No. 492BA not moved.]

Baroness Ashton of Upholland moved Amendments Nos. 492C and 492D:

Schedule 16, page 244, line 35, leave out “requiring other applications under the rules” and insert “for the manner and form in which other applications under the rules are to be made, and requiring such applications”

Schedule 16, page 245, line 28, after ““(2A)” insert—

“Where the Society decides to recognise a body under this section it must grant that recognition subject to one or more conditions if—

(a) the case is of a kind prescribed for the purposes of this section by rules made by the Society, and(b) the Society considers that it is in the public interest to do so.

(2B) At any time while a body is recognised under this section the Society may, in such circumstances as may be prescribed, direct that the body’s recognition is to have effect subject to such conditions as the Society may think fit.

“Prescribed” means prescribed by rules made by the Society.

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(2C) The conditions which may be imposed under subsection (2A) or (2B) include—

(a) conditions requiring the body to take specified steps that will, in the opinion of the Society, be conducive to the carrying on by the body of an efficient business;(b) conditions which prohibit the body from taking any specified steps except with the approval of the Society.“Specified” means specified in the condition.

(2D) Rules made by the Society may make provision about when conditions imposed under this section take effect (including provision conferring power on the Society to direct that a condition is not to have effect until the conclusion of any appeal in relation to it).

(2E) Section 86A of the 1974 Act applies to rules under this section as it applies to rules under that Act.

(2F) ”

On Question, amendments agreed to.

[Amendments Nos. 492E to 492G not moved.]

Baroness Ashton of Upholland moved Amendment No. 493:

Schedule 16, page 245, line 37, at end insert—

“( ) In subsection (7) for “Secretary of State” (in both places) substitute “Lord Chancellor”.”

On Question, amendment agreed to.

[Amendments Nos. 493A to 493C not moved.]

Baroness Ashton of Upholland moved Amendment No. 494:

Schedule 16, page 245, line 43, leave out from “body,” to end of line 2 on page 246 and insert “has the same meaning as in the Legal Services Act 2007 (see section 197 of that Act);”,”

On Question, amendment agreed to.

[Amendments Nos. 494A to 494F not moved.]

Baroness Ashton of Upholland moved Amendments Nos. 495 and 496:

Schedule 16, page 246, line 5, leave out “foreign” and insert “European”

Schedule 16, page 246, line 10, leave out “by multi-national partnerships” and insert “lawyers of other jurisdictions”

On Question, amendments agreed to.

[Amendment No. 497 had been withdrawn from the Marshalled List.]

[Amendments Nos. 497ZA to 497ZD not moved.]

Baroness Ashton of Upholland moved Amendment No. 497A:

Schedule 16, page 246, leave out lines 21 to 24 and insert—

“(a) at least one of the partners is—(i) a solicitor,(ii) a registered European lawyer, or(iii) a qualifying body, and(b) the partnership is not a licensable body.”

On Question, amendment agreed to.

[Amendment No. 498 not moved.]

[Amendments Nos. 499 and 500 had been withdrawn from the Marshalled List.]

Baroness Ashton of Upholland moved Amendment No. 500A:

Schedule 16, page 246, leave out lines 28 to 31 and insert—

“(a) at least one of the members of the body is—(i) a solicitor,

8 May 2007 : Column 1364

(ii) a registered European lawyer, or(iii) a qualifying body, and(b) the body is not a licensable body.”

On Question, amendment agreed to.

[Amendment No. 501 not moved.]

[Amendments Nos. 502 to 504 had been withdrawn from the Marshalled List.]

Baroness Ashton of Upholland moved Amendment No. 504A:

Schedule 16, page 246, leave out lines 34 to 37 and insert—

“(a) at least one of the persons within subsection (5) is—(i) a solicitor,(ii) a registered European lawyer, or(iii) a qualifying body, and(b) the body is not a licensable body.”

On Question, amendment agreed to.

[Amendment No. 505 not moved.]

[Amendments Nos. 506 and 507 had been withdrawn from the Marshalled List.]

[Amendments Nos. 507A and 507B not moved.]

Baroness Ashton of Upholland moved Amendment No. 508:

Schedule 16, page 247, line 7, at end insert—

““licensable body” has the same meaning as in the Legal Services Act 2007 (see sections 71 and 107 of that Act);”

On Question, amendment agreed to.

[Amendment No. 508ZA not moved.]

Baroness Ashton of Upholland moved Amendments Nos. 508A and 509:

Schedule 16, page 247, line 9, at end insert—

““qualifying body” means a body in respect of which—

(a) the management and control condition is satisfied by virtue of—(i) subsection (2)(a)(i) or (ii) and (b),(ii) subsection (3)(a)(i) or (ii) and (b), or(iii) subsection (4)(a)(i) or (ii) and (b), and(b) the services condition is satisfied;”

Schedule 16, page 247, leave out lines 14 and 15

On Question, amendments agreed to.

[Amendment No. 509A not moved.]

Baroness Ashton of Upholland moved Amendment No. 510:

Schedule 16, page 247, line 19, leave out “solicitors, registered European lawyers or registered foreign lawyers” and insert “solicitors or registered European lawyers”

On Question, amendment agreed to.

[Amendments Nos. 510A and 510B not moved.]

Baroness Ashton of Upholland moved Amendment No. 511:

Schedule 16, page 247, line 29, 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)”

On Question, amendment agreed to.

8 May 2007 : Column 1365

[Amendments Nos. 511A to 511D not moved.]

Baroness Ashton of Upholland moved Amendment No. 512:

Schedule 16, page 248, line 25, at end insert—

“(1) Section 43 (jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors) is amended as follows.

(2) In subsection (2)(a) for “(7) to” substitute “(9) to”.

(3) After subsection (3) insert—

“(3A) Nothing in section 154 of the Legal Services Act 2007 (approved regulators not to make provision for redress) prevents an order being made under subsection (3).”

(4) For subsection (5) substitute—

“(5) An appeal under section 49 of the Solicitors Act 1974 against an order of the Tribunal under subsection (3) lies only at the instance of the solicitor with respect to whom the legal aid complaint was made.””

On Question, amendment agreed to.

[Amendment No. 512A not moved.]

Baroness Ashton of Upholland moved Amendments Nos. 513 to 515:

Schedule 16, page 248, line 30, leave out ““corporate”,” and insert “—

(i) paragraph (b) and the “or” immediately preceding it,(ii) “corporate”, and(iii) “or application”,”

Schedule 16, page 248, line 30, at end insert—

“( ) after that sub-paragraph insert—

“(2A) References in this Schedule to a manager or employee of a recognised body, in relation to a complaint (other than such a complaint as is mentioned in paragraph 16(1A)(a)), include references to a person who was such a manager or employee at the time when the conduct to which the complaint relates took place.”,”

Schedule 16, page 248, line 32, at end insert—

“( ) in sub-paragraph (5) for “sub-paragraphs (3) and (4)” substitute “sub-paragraphs (4) and (6)”,”

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