HL Deb 25 October 1990 vol 522 cc1673-4

236 Schedule 6, page 98, line 2, leave out '(a) a conveyancing practitioner' and insert 'a qualified conveyancer providing conveyancing services'.

237 Page 98, leave out lines 4 to 7.

238 Page 98. line 19, at end insert: '(6A) In section 42A (powers of Council where inadequate professional services alleged), at the end of subsection (2) there shall be inserted the following paragraph— (d) to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Council may specify.".'.

239 Page 98, line 38, at end insert '(a)'.

240 Page 98, line 41, at end insert: 'and (b) after subsection (2) (c) there shall be inserted the following paragraph— (d) to direct the solicitor to pay to the client by way of compensation such sum, not exceeding £1,000, as the Tribunal may specify.".'.

241 Page 99, line 4, at end insert: '(10A) After section 56 there shall be inserted the following section—

"Further provision as to compensation awards.

56A.—(1) The taking of any steps under section 42A(2) or 53A(2) shall not be founded upon in any proceedings for the purpose of showing that the solicitor in respect of whom the steps were taken was negligent.

(2) A direction under section 42A(2) (d) or 53A(2) (d) to a solicitor to pay compensation to a client shall not prejudice any right of that client to take proceedings against that solicitor for damages in respect of any loss which he alleges he has suffered as a result of that solicitor's negligence, and any sum directed to be paid to that client under either of those provisions may be taken into account in the computation of any award of damages made to him in any such proceedings.

(3) The Secretary of State may by order made by statutory instrument amend subsection (2) (d) of sections 42A and 53A by substituting for the sum for the time being specified in those provisions such other sum as he considers appropriate.

(4) Before making any such order the Secretary of State shall consult the Council.

(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

242 Page 99, leave out lines 5 to 10 and insert: '(11) In section 63 (penalties and time limit for prosecution of offences)—

  1. (a) in subsection (1)—
    1. (i) for the words "level 3" there shall be substituted the words "level 4"; and
    2. (ii) the words from "and to imprisonment" to the end shall cease to have effect; and
  2. (b) after subsection (2) there shall be inserted the following subsections—

"(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—

  1. (a) any director, secretary or other similar officer of the body corporate; or
  2. (b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4) Where an offence under this Act is committed by a partnership or by an unincorporated association (other than a partnership) and is proved to have been committed with the consent or connivance of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.".'.

243 Page 99, line 11, leave out `section 65(1)' and insert 'subsection (1) of section 65'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 236 to 243 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 236 to 243.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.