HL Deb 24 October 1990 vol 522 cc1422-5

103 After Clause 45, insert the following clause:

Exceptions from restrictions on disclosure

'.—(1) Section (Restrictions on disclosure of information) shall not prevent the disclosure of information—

  1. (a) with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
  2. (b) with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
  3. (c) in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
  4. (d) in pursuance of any Community obligation.

(2) Section (Restrictions on disclosure of information) shall not prevent the disclosure of information for the purpose of enabling or assisting—

  1. (a) the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
  2. (b) the Board to discharge any of its functions;
  3. (c) the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
  4. (d) the Building Societies Commission to discharge any of its functions;
  5. (e) the competent authority or a designated agency, recognised investment exchange, recognised clearing house, recognised self-regulating organisation or recognised professional body (all those expressions having the meaning given in the Financial Services Act 1986) to discharge any of its functions;
  6. (f) the Bank of England to discharge any of its functions;
  7. (g) the Secretary of State to discharge any of his functions under this Act, the Financial Services Act 1986 or any enactment relating to competition, companies, insurance or insolvency;
  8. (h) any inspector appointed by the Secretary of State under any of the enactments mentioned in paragraph (g) to discharge any of his functions;
  9. (i) an official receiver to discharge any of his functions under any enactment relating to insolvency;
  10. (j) a body which is a recognised professional body under section 391 of the Insolvency Act 1986 to discharge any of its functions as such a body;
  11. (k) the Insurance Brokers Registration Council to discharge any of its functions under the Insurance Brokers (Registration) Act 1977;
  12. (l) any person appointed or authorised to discharge any powers under section 94, 106 or 177 of the Financial Services Act 1986 to exercise any of those powers;
  13. (m) the Director to discharge any of his functions under—
    1. (i) this Act;
    2. (ii) the Fair Trading Act 1973 (other than Part II);
    3. (iii) the Consumer Credit Act 1974;
    4. (iv) the Restrictive Trade Practices Act 1976;
    5. (v) the Estate Agents Act 1979;
    6. (vi) the Competition Act 1980;
    7. (vii) the Financial Services Act 1986;
    8. (viii) the Control of Misleading Advertisements Regulations 1988;
  14. (n) the Monopolies and Mergers Commission to discharge any of its functions under the Fair Trading Act 1973 and the Competition Act 1980;
  15. (o) the Scottish Conveyancing and Executory Services Board to discharge any of its functions;
  16. (p) an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
    1. (i) the functions of the Board, the Building Societies Commission or the Bank of England; or
    2. (ii) those functions of the Secretary of State mentioned in paragraph (g);
  17. (q) the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
  18. (r) the Financial Services Tribunal to discharge any of its functions under the Financial Services Act 1986.

(4) An order under subsection (3) designating an authority for the purposes of this section may—

  1. (a) impose conditions subject to which the disclosure of information is permitted by subsection (3); and
  2. (b) otherwise restrict the circumstances in which disclosure is permitted.

(5) Where information has been disclosed by one person ("the first person") to another, by virtue of subsection (2), section (Restrictions on disclosure of information) shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).

(6) The Lord Chancellor may by order modify the application of any provision of this section so as—

  1. (a) to prevent the disclosure of information by virtue of that provision; or
  2. (b) to restrict the extent to which disclosure of information is permitted by virtue of that provision.'.

104 After Clause 45, insert the following clause:

Board's intervention powers

'.—(1) The powers conferred on the Board by this section may be exercised if it appears to the Board to be desirable to do so for the purpose of protecting the interests of the clients, or prospective clients, of an authorised practitioner.

(2) The Board may, in particular, exercise any such power where it appears to it—

  1. (a) that an authorised practitioner who is an individual is no longer fit to provide conveyancing services;
  2. (b) that any person carrying on the business of an authorised practitioner is not fit to provide such services; or
  3. (c) that an authorised practitioner has failed, or is likely to fail, to comply with any regulation made under section 39.

(3) The Board may direct the authorised practitioner not to dispose of, or otherwise deal with, except in accordance with the terms of the direction—

  1. (a) any assets belonging to any client of the authorised practitioner and held by or under the control of the authorised practitioner in connection with his business as an authorised practitioner; or
  2. (b) any assets of such a kind which are specified in the direction.

(4) The Board may direct the authorised practitioner to transfer to the Board, or to such persons ("the trustees") as may be specified in the direction—

  1. (a) all assets belonging to any client of that practitioner and held by or under his control in connection with his business as an authorised practitioner; or
  2. (b) any assets of such a kind which are specified in the direction.

(5) Any assets which have been transferred as a result of a direction given under subsection (4) shall be held by the Board, or by the trustees, on trust for the client concerned.

(6) The trustees may deal with any assets which have been transferred to them only in accordance with directions given to them by the Board.

(7) In this section—

(8) Any direction under this section—

  1. (a) must be given in writing;
  2. (b) must state the reason why it is being given;
  3. (c) shall take effect on such date as may be specified in the direction (which may be the date on which it is served on the authorised practitioner);
  4. (d) may be varied or revoked by a further direction given by the Board.'.

105 After Clause 45, insert the following clause:

Board's intervention powers: supplemental provisions

'.—(1) In this section—

(2) An authorised practitioner to whom a direction is given may appeal against it to a Conveyancing Appeal Tribunal.

(3) Any authorised practitioner to whom a direction is given shall comply with it as soon as it takes effect (and whether or not he proposes to appeal).

(4) If, on an application made to the High Court by the Board, the court is satisfied—

  1. (a) that an authorised practitioner has failed, within a reasonable time, to comply with any direction given to it; or
  2. (b) that there is a reasonable likelihood that an authorised practitioner will so fail,
it may make an order requiring the authorised practitioner, and any other person whom the court considers it appropriate to subject to its order, to take such steps as the court may direct with a view to securing compliance with the direction.

(5) Where an authorised practitioner is—

  1. (a) an authorised person under the Financial Services Act 1986; or
  2. (b) an appointed representative (as defined in section 44(2) of that Act) of such an authorised person,
the intervention powers may be exercised only after consultation with the body by reference to which the authorised person acquired its authorisation under that Act.

(6) Where an authorised practitioner is—

  1. (a) an institution which is authorised by the Bank of England under Part I of the Banking Act 1987 to carry on a deposit-taking business; or
  2. (b) an appointed representative of such an institution, the intervention powers may be exercised only after consultation with the Bank of England.

(7) Where an authorised practitioner is—

  1. (a) a building society which is authorised to raise money from its members by the Building Societies Commission under section 9 of the Building Societies Act 1986; or
  2. (b) an appointed representative of such a building society,
the intervention powers may be exercised only after consultation with the Commission.

(8) Where an authorised practitioner falls within more than one of subsections (5) to (7), the Board shall comply with each of the subsections in question.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 103 to 105.

Moved, That the House do agree with the Commons in their Amendments Nos. 103 to 105.—(The Lord Chancellor.)

On Question, Motion agreed to.