HC Deb 01 February 2000 vol 343 c1013
1013
§
".—(1) The Authority may direct that section (Exemption from the general prohibition)(1) is not to apply to the extent specified in the direction.
(2) A direction under subsection (1)—
- (a) must be in writing;
- (b) may be given in relation to different classes of person or different descriptions of regulated activity.
(3) The Authority may exercise the power conferred by subsection (1) only if it is satisfied that it is desirable in order to protect the interests of clients.
(4) In considering whether it is so satisfied, the Authority must have regard amongst other things to the effectiveness of any arrangements made by any designated professional body—
- (a) for securing compliance with rules made under section (Rules in relation to persons to whom the general prohibition does not apply)(1);
- (b) for dealing with complaints against its members in relation to the carrying on by them of exempt regulated activities;
- (c) in order to offer redress to clients who suffer, or claim to have suffered, loss as a result of misconduct by its members in their carrying on of exempt regulated activities;
- (d) for co-operating with the Authority under section (Authority's general duty)(4).
(5) In this Part 'clients' means—
- (a) persons who use, or may be contemplating using, any of the services provided by a member of a profession in the course of carrying on exempt regulated activities;
- (b) persons who have rights which are derived from, or otherwise attributable to, or which may be adversely affected by, the use of such services by other persons.".—[Miss Melanie Johnson.]
Brought up, read the First and Second time, and added to the Bill.