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Legal Services Bill [HL]

The Minister will not be surprised to hear me speak on Clause 68. I pointed out at Second Reading that I was a little concerned about the provisions of this clause. Subsection (1) gives a power to the Secretary of State—and I am never quite sure whether we should be referring to the Lord Chancellor, but no doubt that is another issue—to, "““by order modify, or make other provision relating to, the functions of an approved regulator””," and then includes the words, ““or any other body””. The title of the clause is, "““Modification of the functions of approved regulators etc””," and I am not sure what that ““etc”” refers to. What other bodies are contemplated? Subsection (6) contains provision for an order under the section to, "““modify provisions made by or under any enactment (including this Act or any Act passed after this Act), prerogative instrument or other instrument or document””." When I raised this question at Second Reading, the noble and learned Lord the Lord Chancellor said, ““Ah, please be reassured that subsection (6) is governed by subsection (1), and therefore we can only amend Acts of Parliament by order if they relate to the functions of an approved regulator””. That may or may not be right, although I do not like the idea of this Chamber passing a clause that allows the Government by order to amend any Act of Parliament. My concern is increased by the words, ““or any other body””. It may well be that the Minister could assist me in understanding what that means. It is accompanied by the words, ““other than the Board””, but what is ““any other body””? I am very grateful to noble Lords for allowing me to speak on Clause 68 stand part. I wanted to raise two questions. First, why is this power in at all? Surely it usurps the role of Parliament in seeking to enable the Government by order to amend any Act of Parliament. Secondly, what is the phrase ““any other body”” intended to refer to?