§ 114 After Clause 52, insert the following clause:—
§ Legal professional privilege
§ '.—(1) This section applies to any communication made to or by a person who is not a barrister or solicitor at any time when that person is—
- (a) providing advocacy or litigation services as an authorised advocate or authorised litigator;
- (b) providing conveyancing services as an authorised practitioner; or
- (c) providing probate services as a probate practitioner.
§ (2) Any such communication shall in any legal proceedings be privileged from disclosure in like manner as if the person in question had at all material times been acting as his client's solicitor.
§ (3) In subsection (1), "probate practitioner" means a person to whom section 23(1) of the Solicitors Act 1974 (unqualified person not to prepare probate papers etc.) does not apply.'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 114. This amendment extends the concept of legal professional privilege so as to apply to the new classes of legal practitioner established by the Bill; that is, authorised advocates, authorised litigators, authorised practitioners and probate practitioners.
Moved, That the House do agree with the Commons in their Amendment No. 114.—(The Lord Chancellor.)
§ On Question, Motion agreed to.