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Legal Services Bill [HL]

The noble Lord will not be surprised that I do not seek to disagree with the principle here at all. We want the board to remain an oversight regulator, except in those really exceptional cases where it has no choice other than to regulate itself. I agree with him that, before seeking designation, the board should be expected to explore any viable alternatives. We have always anticipated that where an alternative approved regulator exists, that should be the board’s primary and preferred course of action. We think the Bill takes account of that. Any order under Clause 61 would have to be approved by your Lordships’ House and the other place as an extra stopgap. It does not say so in my notes, but if there is a strength of feeling that this ought to be effective, I am happy to take it away and think again. I agree with the principle. We think we have captured it, and that the order-making power guarantees that Parliament would have a say in that process. Because I agree with it, if the noble Lord feels strongly about it, I will ask if we can put it in the Bill.