Clause 18
Legal Services Bill [Lords]
12:00 pm
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss the following amendments:
No. 257, in clause 72, page 41, line 10, leave out subsection (1) and insert—
‘(1) For the purposes of this Act, a body is a “licensable body” if—
(a) at least one manager of the body is an individual who is a non-authorised person who provides services directly or indirectly to clients; or
(b) more than 25 per cent. of the managers of the bodyare individuals who are not authorised persons regardless of whether they provide services directly or indirectly to clients; or
(c) at least one person who has an interest in shares in the body is a non-authorised person and is not a manager of that body.’.
No. 268, in clause 71, page 41, line 8, at end insert—
‘, provided that a body is not a “licensable body” if the only managers who are non-authorised persons are individuals who do not directly provide any services to consumers.’.
No. 259, in clause 72, page 41, line 13, at end insert—
‘(1A) A body is not a licensable body if it is regulated under section 9(A) of the Administration of Justice Act 1985.’.
No. 260, in schedule 16, page 264, line 35, leave out paragraphs (a) and (b) and insert—
‘at least three-quarters of the partners are authorised persons or are registered foreign lawyers, and any other partners do not directly provide services to clients.’.
No. 261, in schedule 16, page 264, line 43, leave out paragraphs (a) and (b) and insert—
‘at least three-quarters of the members of the body are authorised persons or are registered foreign lawyers, and any other members do not directly provide services to clients.’.
No. 262, in schedule 16, page 265, line 6, leave out paragraphs (a) and (b) and insert—
‘at least three-quarters of the persons within subsection (5) are authorised persons or are registered foreign lawyers, and any other members do not directly provide services to clients.’.
New clause 14—Registration of non-authorised managers—
‘(1) Any body “B” which carries on an activity underSection 13 of this Act, which is not a “licensable body” as defined in Section [71(1)] but which has at least one manager who is not an authorised person, must register any non-authorised manager with an approved regulator.
(2) It is an offence for B to carry on an activity underSection 13 of this Act if B does not comply with the conditions of this section.
(3) For the purposes of this section an approved regulator may refuse to register any non-authorised manager (M) of B if its is not satisfied that:
(a) M does not provide services to clients, directly or indirectly, or
(b) M will act in a manner consistent with the “professional principles” set out in Section 1(3).
(4) No manager of B may be a person who has been disqualified from acting under Section 99.
(5) B will cease to be entitled to carry on an activity under Section 13 of this Act if B knowingly carries on reserved activities whilst a person, disqualified under Section 99, continues to be a manager of B.’.