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Baroness Ashton of Upholland moved Amendments Nos. 587A to 596:
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;”,”
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,”
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)”.”
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.”,”
Schedule 17, page 277, line 36, after “omit” insert “—
(i) paragraph (b), and(ii) ”
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,”
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.”
Schedule 17, page 279, line 10, after “3(1)(a)” insert “or (ab)”
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),”,”
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;”,”
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.”
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
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(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 under section 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.””
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”,”
Schedule 17, page 282, line 19, at end insert “(in both places)”
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 by the 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”,
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(iii) in paragraph (b) after “body” insert “, manager or employee”, and(iv) in paragraph (d) for “sub-paragraph (1)” substitute “sub-paragraph (1A)”.”
Schedule 17, page 283, line 23, at end insert—
Schedule 17, page 283, line 36, at end insert—
“(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).
(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.”
(a) an application for designation as an approved regulator in relation to a reserved legal activity within subsection (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”.
(a) for “Secretary of State” substitute “Lord Chancellor”, and(b) omit paragraph (e).
(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 Services Act 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.””
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Schedule 17, page 283, line 37, leave out “to the Courts and Legal Services Act 1990”
Schedule 17, page 283, line 38, at end insert—
(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”.
(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.”
( ) 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—
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(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.”
Schedule 17, page 283, line 38, at end insert—
(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.”
Schedule 17, page 283, line 39, leave out sub-paragraphs (2) and (3)
On Question, amendments agreed to.
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Clause 175 [Commissioners for oaths]:
Baroness Ashton of Upholland moved Amendments Nos. 597 and 598:
Clause 175, page 90, line 33, leave out “Secretary of State” and insert “Lord Chancellor”
Clause 175, page 90, line 36, leave out “Secretary of State” and insert “Lord Chancellor”
On Question, amendments agreed to.
Clause 176 [Trade mark attorneys]:
Baroness Ashton of Upholland moved Amendments Nos. 599 to 601:
Clause 176, page 91, line 25, leave out “attorney” and insert “agency”
Clause 176, page 92, line 30, leave out from “body,” to end of line 37 and insert “has the same meaning as in the Legal Services Act 2007 (see section 197);”
Clause 176, page 92, line 45, leave out “attorney” and insert “agency”
On Question, amendments agreed to.
Clause 177 [Patent attorneys]:
Baroness Ashton of Upholland moved Amendments Nos. 602 and 603:
Clause 177, page 93, line 25, after “is” insert “to continue”
Clause 177, page 94, line 47, leave out from “body,” to end of line 5 on page 95 and insert “has the same meaning as in the Legal Services Act 2007 (see section 197);”
On Question, amendments agreed to.
Schedule 18 [Immigration advice and immigration services]:
Baroness Ashton of Upholland moved Amendments Nos. 604 to 611:
Schedule 18, page 284, line 14, at end insert—
“Continuity of existing rights
1A Each of the following bodies is a qualifying regulator for the purposes of Part 5 of the Immigration and Asylum Act 1999—
(a) the Law Society;(b) the Institute of Legal Executives;(c) the General Council of the Bar.”
Schedule 18, page 284, line 36, leave out “Secretary of State” and insert “Lord Chancellor”
Schedule 18, page 285, line 27, leave out “individuals” and insert “persons”
Schedule 18, page 285, line 41, at end insert—
“( ) In subsection (2)(c) the reference to persons who are also authorised by the applicant to carry on activities which are reserved legal activities includes, in relation to any application by the Law Society, registered foreign lawyers (within the meaning of section 89 of the Courts and Legal Services Act 1990).”
Schedule 18, page 286, line 20, leave out “Secretary of State” and insert “Lord Chancellor”
Schedule 18, page 286, line 31, at end insert—
“( ) If a body in the list in paragraph 1A ceases to be a qualifying regulator by virtue of sub-paragraph (1), the Lord Chancellor must, by order, remove it from that list.”
Schedule 18, page 290, line 8, leave out “Secretary of State” and insert “Lord Chancellor”
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Schedule 18, page 290, line 38, leave out sub-paragraph (1) and insert—
“(1) During the transitional period, each of the following is deemed to be authorised by the Law Society to provide immigration advice and immigration services—
(a) every qualified solicitor;(b) every registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41));(c) every legal partnership (within the meaning of paragraph 7(4) of Schedule 5);(d) every body recognised under section 9 of the Administration of Justice Act 1985 (c. 61).”
On Question, amendments agreed to.
Clause 182 [Legal professional privilege]:
Baroness Ashton of Upholland moved Amendment No. 612:
Clause 182, page 97, line 42, leave out paragraph (i) and insert—
“( ) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910)).”
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 613:
After Clause 182, insert the following new Clause—
(1) An employee of a housing management body who is authorised by that body for the purposes of this section has—
(a) a right of audience in relation to any proceedings to which this section applies, and(b) a right to conduct litigation in relation to any such proceedings.
(2) This section applies to relevant housing proceedings in a county court before a district judge which are brought—
(a) in the name of a local housing authority, and(b) by the housing management body in the exercise of functions of that local housing authority delegated to that body under a housing management agreement.
(a) proceedings under section 82A of the Housing Act 1985 (demotion because of anti-social behaviour);(b) proceedings for possession of a dwelling-house subject to a secure tenancy, where possession is sought on ground 2 in Part 1 of Schedule 2 to that Act (anti-social behaviour);(c) proceedings for possession of a dwelling-house subject to a demoted tenancy;(d) proceedings for a suspension order under section 121A of the Housing Act 1985 (suspension of right to buy);(e) proceedings under section 153A, 153B or 153D of the Housing Act 1996 (injunctions against anti-social behaviour);(f) proceedings for the attachment of a power of arrest to an injunction by virtue of section 91(2) of the Anti-social Behaviour Act 2003 or section 27(2) of the Police and Justice Act 2006 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction);
