HL Deb 25 October 1990 vol 522 cc1596-7

124 Before Clause 24, insert the following new clause:

Surrender of rights to conduct litigation and rights of

audience

.—(1) Subject to the provisions of this section, where an application made under section 23 of this Act has been granted under section (Consideration of applications under section 23) (6) of this Act, the body concerned may apply to the Lord President and the Secretary of State for permission to surrender any entitlement of their members to acquire rights to conduct litigation or rights of audience.

(2) The Lord President and the Secretary of State shall jointly issue directions as to the requirements with which any body wishing to surrender their members' entitlement will have to comply, and, without prejudice to the generality of the foregoing, any such directions may include provision—

  1. (a) where members of a body have acquired rights to conduct litigation or rights of audience, as to the arrangements to be made for the completion of any work outstanding at the time the application is made; and
  2. (b) relating to the particular circumstances of a particular body.

(3) An application under subsection (I) above shall describe the manner in which the body have complied, or will comply, with the directions issued under subsection (2) above.

(4) Where the Lord President and the Secretary of State are satisfied that the body concerned have complied, or will comply, with the directions issued under subsection (2) above, the Lord President shall grant the application, and shall so inform the body.

(5) With effect from the date on which an application under subsection (1) above is granted, any member of the body concerned who has acquired rights to conduct litigation or rights of audience by virtue of the scheme shall cease to hold those rights.'.

6.45 p.m.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 124. This amendment provides for rights of audience or rights to conduct litigation to be brought to an end on the initiative of the body itself. It can only be right that a body which has acquired rights to conduct litigation or rights of audience for its members should be able to surrender those rights of its own volition. It may wish to do so for a variety of reasons. Changes in the law or in the commercial climate may render the rights unnecessary or simply unviable. Moreover, the members of a body may simply decide that they wish to change the way in which it operates.

Amendment No. 124A would require the Lord President and the Secretary of State to become involved when an individual sought to surrender his rights under Clause 23. For reasons similar to those I advanced previously, this would seem to be both unnecessary and inappropriate. It will be for the supervisory bodies to handle applications for the voluntary surrender of rights by their members. They can deal with this under the code of practice which they are required, under Clause 23(b)(ii), to include in their application and which must, as we have seen, satisfy both the Lord President and the Secretary of State.

Moved, That the House do agree with the Commons in their Amendment No. 124.—(Lord Fraser of Carmyllie.)