---

Criminal Justice and Immigration Bill

My Lords, this amendment, which the Government have brought back to your Lordships’ House, is a consequence of an undertaking that they gave at Third Reading in your Lordships' House. The Government have met that in full and we are, correspondingly, extremely grateful. On Question, Motion agreed to. 86: Page 71, line 3, at end insert- "( ) After subsection (1) (designation of non-legal staff) insert- "(1A) A person designated under subsection (1) shall only be permitted to carry out any legal activity as defined by section 12 of the Legal Services Act 2007 if he has been authorised so to do by a body which is designated as an approved regulator by Part 1 of Schedule 4 to that Act or under Part 2 of that Schedule (or both) and whose regulatory arrangements are approved for the purposes of that Act."" The Commons disagree to Lords Amendment 86, but propose the following Amendment in lieu- 86A: Page 71, line 29, at end insert- "( ) After subsection (7) insert- "(8) As from 1 May 2011 nothing in this section confers on persons designated under this section- (a) any rights of audience, or (b) any right to conduct litigation, for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities). (9) As from that date the following provisions of that Act accordingly do not apply to persons designated under this section- (a) paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and (b) paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation). (10) The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated under this section as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9). (11) The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words "or offences which are punishable with imprisonment in the case of persons aged 21 or over". (12) The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.""