Moved by
Baroness Hayter of Kentish Town
34: After Clause 83, insert the following new Clause—
“Recognised bodies
(1) The Administration of Justice Act 1985 is amended as follows.
(2) In the title of section 32 (provision of conveyancing services by recognised bodies) after “conveyancing” insert “or other”.
(3) In section 32—
(a) in subsection (1)(a) after “conveyancing services bodies” insert “or CLC practitioner services bodies”;
(b) in subsection (1)(b)—
(i) for “such bodies” substitute “conveyancing services bodies”;
(ii) for the words from “to undertake” to the end substitute—
“(a) the provision of conveyancing services,
(b) the administration of oaths,
(c) the exercise of a right of audience,
(d) the conduct of litigation,
(e) probate activities, or
(f) the provision of other relevant legal services;”;
(c) after subsection (1)(b) insert—
“(bza) prescribing the circumstances in which CLC practitioner services bodies may be recognised by the Council as being suitable bodies to undertake—
(i) the administration of oaths,
(ii) the exercise of a right of audience,
(iii) the conduct of litigation,
(iv) probate activities, or
(v) the provision of other relevant legal services;”;
(d) in subsection (1)(ba) for the words from “carry on” to the end substitute—
“(i) reserved instrument activities, where the recognised body is a conveyancing services body,
(ii) the administration of oaths,
(iii) the exercise of a right of audience,
(iv) the conduct of litigation,
(v) probate activities, or
(vi) other relevant legal services;”;
(e) in subsection (3)(e) after “those bodies” insert “(including information about disciplinary measures taken)”;
(f) in subsection (3C) after paragraph (a) insert—
“(aa) conditions restricting the kinds of CLC practititioner services that may be provided by the body;”; and
(g) for subsection (8) substitute—
“(8) In this section—
“administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“CLC practitioner services” has the meaning given by section 32B;
“CLC practitioner services body” has the meaning given by section 32B;
“conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“conveyancing services body” has the meaning given by section 32A;
“probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“relevant legal services”—
(a) in relation to a conveyancing services body, has the meaning given by section 32A; and
(b) in relation to a CLC practitioner services body, has the meaning given by section 32B;
“reserved instrument activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).”
(4) After section 32A (conveyancing services bodies) insert—
“32B CLC practitioner services bodies
(1) For the purposes of section 32, a “CLC practitioner services body” means a body (corporate or unincorporate) in respect of which—
(a) the management and control condition,
(b) the services condition, and
(c) the authorised person condition,
are satisfied.
(2) The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer or a licensed CLC practitioner.
(3) The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer or a licensed CLC practitioner.
(4) The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer or a licensed CLC practitioner.
(5) The services condition is satisfied in respect of a body if—
(a) the body is carrying on a business consisting of the provision of—
(i) CLC practitioner services; or
(ii) CLC practitioner services and other relevant legal services; and
(b) the body does not provide conveyancing services.
(6) The authorised person condition is satisfied if the licensed conveyancer or licensed CLC practitioner by reference to whom the management and control condition is satisfied, or one of the persons by reference to whom that condition is satisfied, is an authorised person in respect of any of the CLC practitioner services that are provided by the body.
(7) For the purposes of this section—
(a) a reference to CLC practitioner services is a reference to those of the following reserved legal activities in relation to which the Council is designated as an approved regulator—
(i) the administration of oaths,
(ii) the exercise of a right of audience,
(iii) the conduct of litigation, and
(iv) probate activities;
(b) a reference to designation as an approved regulator is a reference 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 5 of Schedule 22 to that Act; or
(ii) under Part 2 of Schedule 4 to that Act;
(c) a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).
(8) In this section—
“administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007);
“conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“relevant legal services”, in relation to a CLC practitioner services body, means—
(a) CLC practitioner services; and
(b) where authorised persons are managers or employees of, or have an interest in the body, such services as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities), except for conveyancing services;
“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);
“right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).””