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Proceeding contribution from Lord Kingsland (Conservative) in the House of Lords on Monday, 16 April 2007. It occurred during Debate on bill on Legal Services Bill [HL].


Legal Services Bill [HL]

moved Amendment No. 30: 30: Clause 3 , page 2, line 26, leave out ““, as far as is reasonably practicable,”” The noble Lord said: My Lords, this is a shorter point. Clause 3(2) states: "““The Board must, so far as is reasonably practicable, act in a way—""(a) which is compatible with the regulatory objectives, and""(b) which the Board considers most appropriate for the purpose of meeting those objectives””." In my submission, the expression, "““so far as is reasonably practicable””" would allow the board to act in certain circumstances of its own choosing that were not compatible with the regulatory objectives; therefore, I have sought to expunge that expression from the Bill. In responding to this amendment in Committee, the noble Baroness was worried that flanking damage might be done if the expression, "““so far as is reasonably practicable””" were removed, and that it would constrain the board in how it could act because it would take away its discretion to add variable weights to the eight objectives. If that continues to be the noble Baroness’s hesitation, I respectfully disagree with her. Although the board must act compatibly with the regulatory objectives, it can attach weight from a very small quantity up to a very large quantity to each of the eight objectives depending on the circumstances of the decision. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
691 c100 
Session
2006-07
Chamber / Committee
House of Lords chamber
Subjects
Complaints Costs Legal profession Fees and charges Publications Regulation Legal Services Board Legal Complaints Service
Legislation
Legal Services Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk