Previous Section Back to Table of Contents Lords Hansard Home Page



8 May 2007 : Column 1378

Baroness Ashton of Upholland moved Amendments Nos. 587A to 596:

“( ) 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;”,”(b) in sub-paragraph (2) omit—(i) “or complaint” (in both places), and(ii) “or (b)”.”“(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.”,”(i) paragraph (b), and(ii) ”“(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,”“( ) 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),”,”“( ) 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;”,”“(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

8 May 2007 : Column 1379

(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.””“( ) 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”,”“(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”,

8 May 2007 : Column 1380

(iii) in paragraph (b) after “body” insert “, manager or employee”, and(iv) in paragraph (d) for “sub-paragraph (1)” substitute “sub-paragraph (1A)”.”(a) the exercise of a right of audience;(b) the conduct of litigation;(c) probate activities.(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.”(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.””

8 May 2007 : Column 1381

(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—(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”.(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.”(a) the Council;(b) the applicant.”

8 May 2007 : Column 1382

(a) the Council;(b) the licensed conveyancer to whose licence the proceedings relate.(a) the Council;(b) the applicant.”(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.”

On Question, amendments agreed to.



8 May 2007 : Column 1383

Clause 175 [Commissioners for oaths]:

Baroness Ashton of Upholland moved Amendments Nos. 597 and 598:

On Question, amendments agreed to.

Clause 176 [Trade mark attorneys]:

Baroness Ashton of Upholland moved Amendments Nos. 599 to 601:

On Question, amendments agreed to.

Clause 177 [Patent attorneys]:

Baroness Ashton of Upholland moved Amendments Nos. 602 and 603:

On Question, amendments agreed to.

Schedule 18 [Immigration advice and immigration services]:

Baroness Ashton of Upholland moved Amendments Nos. 604 to 611:

“Continuity of existing rights(a) the Law Society;(b) the Institute of Legal Executives;(c) the General Council of the Bar.”

8 May 2007 : Column 1384

(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:

“( ) 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:

(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.(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);
Next Section Back to Table of Contents Lords Hansard Home Page