HL Deb 24 October 1990 vol 522 cc1442-3

129 Clause 72, page 53, line 6, leave out 'the powers conferred by this Schedule have' and insert 'any power conferred by this Schedule has'.

130 Page 53, line 9, leave out 'they were' and insert 'it was'.

131 Page 53, line 16, after 'granted', insert 'or otherwise has effect'.

132 Page 53, line 18, at end insert 'in connection with the imposition of that condition'.

133 Page 53, line 23, after '1985', insert 'and so approved'.

134 Clause 73, page 54, line 3, leave out subsections (2) and (3) and insert:

'(2) The following subsections shall be substituted for subsections (1) and (2)— (1) Any application—

  1. (a) to strike the name of a solicitor off the roll;
  2. (b) to require a solicitor to answer allegations contained in an affidavit;
  3. (c) to require a former solicitor whose name has been removed from or struck off the roll to answer allegations contained in an affidavit relating to a time when he was a solicitor;
  4. (d) by a solicitor who has been suspended from practice for an unspecified period, by order of the Tribunal, for the termination of that suspension;
  5. (e) by a former solicitor whose name has been struck off the roll to have his name restored to the roll;
    6. 1443
  6. (f) by a former solicitor in respect of whom a direction has been given under subsection (2) (g) to have his name restored to the roll,
shall be made to the Tribunal; but nothing in this subsection shall affect any jurisdiction over solicitors exercisable by the Master of the Rolls, or by any judge of the High Court, by virtue of section 50. (2) Subject to subsection (3) and to section 54, on the hearing of any application or complaint made to the Tribunal under this Act, other than an application under section 43, the Tribunal shall have power to make such order as it may think fit, and any such order may in particular include provision for any of the following matters—
  1. (a) the striking off the roll of the name of the solicitor to whom the application or complaint relates;
  2. (b) the suspension of that solicitor from practice indefinitely or for a specified period;
  3. (c) the payment by that solicitor or former solicitor of a penalty not exceeding £5,000, which shall be forfeit to Her Majesty;
  4. (d) in the circumstances referred to in subsection (2A), the exclusion of that solicitor from legal aid work (either permanently or for a specified period);
  5. (e) the termination of that solicitor's unspecified period of suspension from practice;
  6. (f) the restoration to the roll of the name of a former solicitor whose name has been struck off the roll and to whom the application relates;
  7. (g) in the case of a former solicitor whose name has been removed from the roll, a direction prohibiting the restoration of his name to the roll except by order of the Tribunal;
  8. (h) in the case of an application under subsection (I) (f), the restoration of the applicant's name to the roll;
  9. (i) the payment by any party of costs or a contribution towards costs of such amount as the Tribunal may consider reasonable."
 (3) In subsection (2A) for the words "(2) (bb)" there shall be substituted "(2) (d)".'.

135 Page 54, line 32, after first '(a)', insert 'for the words "(a) to (e)" there shall be substituted "(a) to (i)";(aa)'.

136 Page 54, line 34, leave out from second `(b)' to end of line 35 and insert 'for the words "paragraph (d) or (e) of that subsection" there shall be substituted "paragraph (e), (f), (h) or (i) of section 47(2)".'.

137 Page 54, line 38, leave out 'or (e)" and insert '(e) or (f)".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 129 to 137. I spoke to these amendments with Amendment No. 117.

Moved, That the House do agree with the Commons in their Amendments Nos. 129 to 137.—(The Lord Chancellor.)

On Question, Motion agreed to.