Office of Public Sector Information
499.Schedule 21 contains minor and consequential amendments to other legislation.
500.This section introduces Schedule 22, which sets out provision made to avoid regulatory gaps during the transitional period between the current and new regulatory systems.
501.Paragraphs 1 to 4 create a transitory power, similar to the power at section 69, for the Lord Chancellor to modify the functions of “designated regulators”, such as the Law Society and Bar Council, and other relevant bodies, such as the Solicitors Disciplinary Tribunal. This power will apply before the Board is established and therefore able to make recommendations under section 69. These provisions therefore set out different procedures for the making of an order, including the requirement at paragraph 3 that the Lord Chancellor invite the Lord Chief Justice and the Office of Fair Trading to provide advice on the draft provisions. Sub-paragraph (5) of paragraph 2 sets out the purposes for which orders may be made. These are similar to the purposes for which orders may be made under section 69 of the Act. Any orders made will be subject to the affirmative resolution procedure by virtue of section 206(4)(u).
502.Paragraph 5 makes provision for the possibility that, before the principal provisions of the Act come into force, additional bodies will be designated as “authorised bodies” under section 27 or 28 of the Courts and Legal Services Act 1990 (bodies which can grant persons rights of audience or rights to conduct litigation), approved under paragraph 4 of Schedule 9 to that Act (bodies that can grant exemptions from prohibition on preparation of probate papers etc) or prescribed for the purposes of section 113 of that Act (bodies whose members are entitled to administer oaths etc). Paragraph 5 ensures that provision can be made in relation to these bodies, by order, which is equivalent to that already made by the Legal Services Act 2007 for bodies designated, approved or prescribed under these statutory provision before the beginning of the pre-commencement period.
503.Under the provision made in Schedule 17, the membership of the Conveyancing Licensing Council is to be appointed, where at present it is “elected or nominated”. Paragraph 6 makes transitional provision to ensure that the Council’s membership as “elected or nominated” under the present arrangements will continue to exercise the Council’s functions until such time as a new Council is appointed under the new arrangements. Schedule 17 to the Act repeals the provision in the Administration of Justice Act 1985 that provides for the endorsement of conveyancing licences. Paragraph 7 provides that endorsements of licences made under that provision will continue to have force until the expiry of the licences in question, notwithstanding the repeal of the enabling provision.
504.Paragraph 9 makes provision for the ordinary members of the Board to exercise the Board’s functions under Schedule 1 and Schedule 15 in advance of the Board’s Chief Executive being appointed. For example, the ordinary members of the Board are able to appoint the OLC without waiting until the Board’s Chief Executive has been appointed.
505.Paragraph 10 makes provision for the appointment of an Interim Chief Executive of the OLC by the Lord Chancellor. Sub-paragraph (2) states that the Lord Chancellor will determine the terms and conditions of the appointment. Sub-paragraphs (5) and (6) provide for the Interim Chief Executive to incur expenditure and do other things in the name of and on behalf of the OLC, including appointing staff and making arrangements for assistance. Sub-paragraphs (7) and (8) require the Interim Chief Executive to comply with supervisory directions made by the Lord Chancellor and subsequently by the Board. Sub-paragraphs (7) and (8) ensure appropriate lines of accountability between the Interim Chief Executive and the Lord Chancellor in the first instance and then, once appointed, the Board.
506.Section 212(2) provides for sections 195 and section 196(1) and Schedule 20 to extend to Scotland only. Section 212(3) provides that an amendment or repeal has the same extent as the enactment to which the amendment or repeal relates.
507.Schedule 4 to the Legal Profession and Legal Aid (Scotland) Act 2007 makes a number of minor amendments and repeals, consequential on its provisions to the Solicitors (Scotland) Act 1980 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. These are mainly concerned with the adjustment of statutory references, and the removal of unnecessary references, as a result of the introduction of the new arrangements for the handling of complaints against lawyers in Scotland following the creation of a Scottish Legal Complaints Commission.
508.Modifications made to the 1980 and 1990 Acts by Schedule 4 to the Legal Profession and Legal Aid (Scotland) Act 2007 apply only to the devolved aspects of such provisions and it has been necessary to preserve certain provisions to deal with reserved activities. Schedule 20 repeals such provisions and ensures that these modifications are comprehensive in nature, and extend to reserved aspects of both service and conduct complaints.
509.Section 211 specifies that certain sections in the Act will come in to force on the day that the Act is passed. The remaining sections will come into force on such day as the Lord Chancellor appoints by order.
510.The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament.
| Stage | Date | Hansard reference |
|---|---|---|
| House of Lords | ||
| Introduction | 23rd November 2006 | Vol. 687, Col. 430 |
| Second Reading | 6th December 2006 | Vol. 687, Cols. 1161-1213 |
| Committee | 9th January 2007 22nd January 2007 23rd January 6th February 2007 21st February 2007 6th March 2007 |
Vol. 688, Cols. 116-179 Vol. 688, Cols. 896-961, 972-994 Vol. 688, Cols. 1004-1066, 1077-1094 Vol. 689, Cols. 616-665, 682-700 Vol. 689, Cols. 1088-1136, 1148-1168 Vol. 690, Cols. 147-218 |
| Report | 16th April 2007 18th April 2007 8th May 2007 |
Vol. 691, Cols. 11-25, 39-73, 91-110 Vol. 691, Cols. 223-280, 297-320 Vol. 691, Cols. 1272-1296, 1310-1337, 1355-1438 |
| Third Reading | 15th May 2007 | Vol. 692, Cols. 219-157 |
| House of Commons | ||
| Introduction | 16th May 2007 | No debate |
| Second Reading | 4th June 2007 | Vol. 461, Cols. 24-106 |
| Committee | 12th to 26th June 2007 | Hansard Public Bill Committee (Bill 108) |
| Report and Third Reading | 15th October 2007 | Vol. 464, Cols. 571-668 |
| Ping pong | ||
| Lords Consideration of Commons Amendments | 17th October 2007 | Vol. 695, Cols. 713-761 |
| Commons Consideration of Lords Message | 24th October 2007 | Vol. 465, Cols. 295-312 |
| Lords Consideration of Commons Amendments | 25th October 2007 | Vol. 695, Cols. 1142-1153 |
Royal Assent – 30th October 2007 House of Lords Hansard: Vol.695, Col.1293
House of Commons Hansard: Vol.465, Col.629
Legal Services Act 2007