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Legal Services Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2025-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1A) After making such an investigation, the Investigating Committee may— (a) hear and determine the allegation, or (b) refer the allegation to the Discipline and Appeals Committee for hearing and determination by that Committee under paragraph 4. (1B) The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee.

(5) After paragraph 3 insert—

(3A) (1) Where, on hearing an allegation by virtue of paragraph 3(1A)(a), the Investigating Committee are satisfied— (a) in a case within paragraph 3(1)(a), that a recognised body has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph, or (b) in a case within paragraph 3(1)(aa), that a manager or employee has failed to comply with any such rules as are mentioned in that paragraph, or (c) in a case within paragraph 3(1)(ab), that a recognised body has failed to comply with any condition mentioned in that paragraph, the Committee may make an order directing the payment by the recognised body, manager or employee of a penalty to be forfeited to Her Majesty. (2) In relation to proceedings before the Investigating Committee by virtue of paragraph 3(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the recognised body, manager or employee against whom the proceedings were brought; (c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person. (3) In sub-paragraph (2), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3. (4) The amount of any penalty required to be paid under sub-paragraph (1) may not exceed such amount as is prescribed by rules made by the Council for the purposes of this sub-paragraph. (5) Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to— (a) proceedings for the hearing and determination of an allegation by the Investigating Committee, as they have effect in relation to proceedings before the Discipline and Appeals Committee under section 26, and (b) orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee. (6) A person against whom an order is made by the Investigating Committee by virtue of sub-paragraph (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit. (7) If an order is made by the Investigating Committee by virtue of sub-paragraph (2), a person listed in paragraphs (a) to (c) of that sub-paragraph may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit. (8) Where an order is made by the Discipline and Appeals Committee under sub-paragraph (6) or (7)— (a) a party to the appeal, or (b) if not within paragraph (a), the Council, may appeal against the order to the High Court. (9) On an appeal under sub-paragraph (8) the High Court may make such order as it thinks fit. (10) The decision of the High Court on an appeal under sub-paragraph (8) shall be final.

(6) In paragraph 4—

(a) in sub-paragraph (1) after “allegation” insert “ within paragraph 3(1)(a) or (ab) ”,

(b) in that sub-paragraph, after paragraph (b) insert

, or (c) has failed to comply with any such condition as is mentioned in paragraph 3(1)(ab),

(c) in sub-paragraph (2), in paragraph (b), for “£3,000” substitute “ such amount as may be prescribed by rules made by the Council for the purposes of this sub-paragraph ”,

(d) after paragraph (b) of that sub-paragraph insert—

(ba) an order reprimanding that body; (bb) an order that the recognition of that body under section 32 is to have effect subject to such conditions as may be specified in the order;

(e) omit paragraph (c) of that sub-paragraph,

(f) after that sub-paragraph insert—

(2A) Where on the hearing of any allegation within paragraph 3(1)(aa) the Discipline and Appeals Committee are satisfied that a manager or employee has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph, the Committee may, if they think fit, make one or more of the orders referred to in sub-paragraph (2B). (2B) Those orders are— (a) an order directing the payment by the manager or employee of a penalty not exceeding such amount as may be prescribed by rules made by the Council for the purposes of this sub-paragraph; (b) an order requiring the Council to consider taking such steps as the Committee may specify in relation to the manager or employee; (c) an order requiring the Council to refer to an appropriate regulator any matter relating to the conduct of the manager or employee. (2C) For the purposes of sub-paragraph (2B)(c) an “appropriate regulator” in relation to a manager or employee means— (a) if the person is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007, any relevant approved regulator (within the meaning of that Act) in relation to that person, and (b) if the person carries on activities which are not reserved legal activities, any person who exercises regulatory functions in relation to the carrying on of such activities by the person. (2D) In relation to proceedings under this paragraph, the Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the recognised body or manager or employee against whom the proceedings were brought; (c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person. (2E) In sub-paragraph (2D), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3.

, and

(g) omit sub-paragraphs (3), (3A) and (4).

(7) In paragraph 5—

(a) in sub-paragraph (1)—

(i) after “26” insert “ or paragraph 4 ”, and

(ii) for “director” (in each place) substitute “ manager ”,

(b) in sub-paragraph (3) for “director” (in both places) substitute “ manager ”, and

(4) In relation to proceedings for the revocation of a recognition under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the body to whose recognition the proceedings relate.

(8) In paragraph 6 (appeals against orders of the Committee)—

(a) in sub-paragraph (1)—

(i) for “body corporate” substitute “ person ”,

(ii) after “4(1)” insert “ or (2A) ”, and

(iii) for “5” substitute “ 5(1) ”, and

(b) after that sub-paragraph insert—

(1A) Where an order is made by the Committee under paragraph 4(2D) or 5(4) a person listed in that paragraph may appeal to the High Court, and on any such appeal the High Court may make such order as it thinks fit.

(9) After paragraph 7 (revocation of recognition on grounds of fraud or error)—

(a) in sub-paragraph (1) and (2) omit “corporate”, and

(b) after sub-paragraph (2) insert—

(3) In relation to proceedings for the revocation of a recognition under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the body to whose recognition the proceedings relate. (4) In relation to proceedings on an application under sub-paragraph (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the applicant.

(10) In paragraph 8 (appeal against decision of Council in relation to grant of recognition)—

(a) in sub-paragraph (1) omit “corporate”,

(b) in paragraph (b) of that sub-paragraph for “restrictions” substitute “ conditions ”,

, or (c) decides to give a direction in relation to that body under section 32(3B), or (d) refuses an application by that body under section 32(3D),

(d) in sub-paragraph (2) for “this paragraph” substitute “ sub-paragraph (1)(a) or (b) ”,

(e) in paragraph (a) of that sub-paragraph—

(i) for “restrictions” (in the first place) substitute “ conditions ”, and

(ii) for “restrictions falling within subsection (3)(d) of that section” substitute “ conditions ”, and

(f) after that sub-paragraph insert—

(2A) On an appeal under sub-paragraph (1)(c), the Discipline and Appeals Committee may— (a) revoke the direction of the Council under section 32(3B), (b) direct that the body's recognition is to have effect subject to such conditions as may be specified by the Council in the direction, or (c) affirm the decision of the Council, and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit. (2B) On an appeal under sub-paragraph (1)(d), the Discipline and Appeals Committee may— (a) direct the Council to grant the application, or (b) affirm the decision of the Council, and the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.

(11) In paragraph 9 (rules of procedure etc) in sub-paragraph (1)—

(a) for “, 2 and 3” substitute “ and 2 ”, and

(b) for “paragraph 4 or 5” substitute “ paragraph 3A, 4 or 5 ”.

(12) In paragraph 10 (intervention by Council)—

(a) in sub-paragraph (1), in paragraph (a) after “recognised body” insert “ or a manager of such a body ”,

(b) after that paragraph insert—

(aa) the Council is satisfied that a recognised body has been carrying on business in breach of any condition subject to which the body's recognition under section 32 of this Act has effect; or

(c) a relevant insolvency event occurs in relation to a recognised body; or

(d) in paragraph (d) of that sub-paragraph for “officer” substitute “ manager ”,

(e) in that paragraph for “that body's” to the end of the paragraph substitute—

(i) that body's business, (ii) any trust of which that body is or was a trustee, (iii) any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee, or (iv) the business of another body in which the manager or employee is or was a manager or employee or the practice (or former practice) of the manager or employee;

(f) after that paragraph insert

or (e) the Council is satisfied that it is necessary to exercise the powers conferred by Part 2 of Schedule 5 (or any of them) in relation to a recognised body to protect— (i) the interests of clients (or former or potential clients) of the recognised body, (ii) the interests of the beneficiaries of any trust of which the recognised body is or was a trustee, or (iii) the interests of the beneficiaries of any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in that person's capacity as such a manager or employee,

(g) after sub-paragraph (1) insert—

(1A) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if— (a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986; (b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act; (c) an administrative receiver within the meaning of section 251 of that Act is appointed; (d) a meeting of creditors is held in relation to the body under section 95 of that Act (creditors' meeting which has the effect of converting a members' voluntary winding up into a creditors' voluntary winding up); (e) an order for the winding up of the body is made.

, and

(h) omit sub-paragraph (2).

(13) For paragraph 11(a) substitute—

(a) the Council is satisfied that there has been undue delay on the part of— (i) a recognised body in connection with any matter in which it is or was acting on behalf of a client or with any trust of which it is or was a trustee, or (ii) a person who is or was a manager or employee of a recognised body in connection with any trust of which he is or was a trustee in his capacity as such a manager or employee; and

(14) In paragraph 12(1) omit “corporate” (in both places).

(15) In paragraph 13—

(a) in paragraph (a) omit “corporate”, and

(b) omit “and” at the end of paragraph (b) and after paragraph (c) insert—

(d) paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was manager or employee of that body is or was a trustee in his capacity as such a manager or employee; (e) paragraph 9 of that Schedule is to be construed— (i) as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of that body is or was a trustee in his capacity as such a manager or employee, and (ii) as applying to a person who is or was a manager or employee of the recognised body and documents and property in his possession or under his control in connection with such a trust as it applies to a recognised body and documents and property in the possession or under the control of that body; (f) paragraph 10A(1) of that Schedule is to be construed as including power for the Council to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee in his capacity as a manager or employee of the recognised body; and (g) paragraph 12A of that Schedule is to be read as if the references to a former partner were references— (i) in the case of a recognised body which is a partnership, to a former partner in the partnership, and (ii) in any other case to a manager or former manager of the recognised body.

(16) In paragraph 14 (examination of files)—

(a) for sub-paragraph (1) substitute—

(1) Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation as is mentioned in paragraph 3(1)(a)(ii), (aa) or (ab), the Committee may give an information notice to a relevant person. (1A) An information notice is a notice requiring the production or delivery to any person appointed by the Committee, at a time and a place to be fixed by the Committee, of all documents in the possession or under the control of the relevant person in connection with the matters to which the allegation relates (whether or not they relate also to other matters). (1B) In this section “relevant person” means— (a) in the case of an allegation against a recognised body, the recognised body or any of its managers or employees, and (b) in the case of an allegation against a manager or employee of a recognised body, the manager or employee, the recognised body or any other manager or employee of the recognised body.

, and

(b) in sub-paragraph (2)—

(i) for “and 12” substitute “ to 12A ”,

(ii) for “sub-paragraph (1) of this paragraph” (except where it appears in paragraph (d)) substitute “ sub-paragraphs (1) and (1A) of this paragraph ”,

(iii) in paragraph (b) after “body” insert “ , manager or employee ”, and

(iv) in paragraph (d) for “sub-paragraph (1)” substitute “ sub-paragraph (1A) ”.

(17) Omit paragraph 15 (application of rules relating to accounts etc).

(18) In paragraph 16 (interest on client's money)—

(a) in sub-paragraph (1)—

(i) after “recognised bodies” insert “ or managers or employees of such bodies, ”,

(ii) after “recognised body” insert “ , manager or employee ”,

(iii) for “it keeps” substitute “ it or he keeps ”,

(iv) for “its clients” substitute “ clients of the recognised body ”, and

(v) after “received by it” insert “ or him ”, and

(b) in sub-paragraph (2), for “and any of its clients” substitute “ , or any manager or employee of such a body, and any of the clients of the recognised body ”.

Part 2 — Courts and Legal Services Act 1990 (c. 41)

33

The Courts and Legal Services Act 1990 is amended in accordance with this Part.

34

(1) Section 53 (the Council for Licensed Conveyancers) is amended as follows.

(2) For subsections (1) to (3) substitute—

(1) The Council for Licensed Conveyancers has the powers necessary to enable it to become designated as an approved regulator in relation to one or more of the reserved legal activities within subsection (1A). (1A) The reserved legal activities to which this subsection applies are— (a) the exercise of a right of audience; (b) the conduct of litigation; (c) probate activities. (2) If the Council becomes an approved regulator in relation to one or more of those activities, it may, in that capacity, authorise a person to carry on a relevant activity only if the person is a licensed conveyancer. (3) Where the Council authorises a licensed conveyancer to carry on a relevant activity, it is to do so by issuing a licence to the licensed conveyancer.

(3) Omit subsection (5).

(4) For subsection (6) substitute—

(6) Where the Council exercises any of its powers in connection with— (a) an application for designation as an approved regulator in relation to a reserved legal activity within subsection (1A), or (b) the authorising of a person to carry on a relevant activity, it is to do so subject to any requirements to which it is subject in accordance with the provisions of the Legal Services Act 2007.

(5) In subsection (8), for “Secretary of State” substitute “ Lord Chancellor ”.

(6) In subsection (9)—

(a) for “Secretary of State” substitute “ Lord Chancellor ”, and

(b) omit paragraph (e).

(7) After that subsection insert—

(10) For the purposes of this section— (a) “right of audience”, “conduct of litigation”, “probate activities” and “reserved legal activity” have the same meaning as in the Legal Services Act 2007; (b) references to designation as an approved regulator are to designation as an approved regulator— (i) by Part 1 of Schedule 4 to the Legal Services Act 2007, by virtue of an order under paragraph 5 of Schedule 22 to that Act, or (ii) under Part 2 of Schedule 4 to that Act; (c) “relevant activity” means an activity which is a reserved legal activity— (i) which is within subsection (1A), and (ii) in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 5 of Schedule 22 to that Act) or under Part 2 of that Schedule.

35

(1) Schedule 8 (licensed conveyancers) is amended as follows.

(2) In paragraph 1 (definitions)—

(a) in the definition of “advocacy licence” for “and constituting” to the end substitute “ by which the Council authorises the licensed conveyancer concerned to exercise a right of audience; ”,

(b) in the definition of “litigation licence” for “and constituting” to the end substitute “ by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute the conduct of litigation; ”,

(c) in the definition of “probate licence” for “and constituting” to the end substitute “ by which the Council authorises the licensed conveyancer concerned to carry on activities which constitute probate activities; ”, and

(d) at the end insert—

“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).

(3) In paragraph 2 (qualification regulations and rules of conduct), in sub-paragraph (1)—

(a) for “rules of conduct” substitute “ conduct rules ”, and

(b) for “granting of the rights or exemption” substitute “ carrying on of the reserved legal activities ”.

(4) In paragraph 4 (issue of licences), in sub-paragraph (1)—

(a) in paragraph (a) for “rules of conduct” substitute “ conduct rules ”, and

(b) in paragraph (c) for “provide the advocacy, litigation or probate services” substitute “ carry on the reserved legal activities ”.

(5) In paragraph 5 (conditional licences)—

(a) for sub-paragraph (1)(d) substitute—

(d) after the Investigating Committee have made any order in his case under section 24A(1) of the Act of 1985 or the Discipline and Appeals Committee have made any order in his case under section 26(1) of that Act.

(b) in sub-paragraph (6)—

(i) in paragraph (a) for “service that may be provided” substitute “ activities that may be carried on ”, and

(ii) in paragraph (b) for “provides the additional services” substitute “ carries on the additional activities ”, and

(8) Where a person applies for an advocacy, litigation or probate licence at a time when this paragraph has effect in relation to that person by reason of the circumstances mentioned in section 16(1)(ea) of the Act of 1985, section 16A(2) of that Act has effect as it has effect in relation to an application for a licence under Part 2 of that Act.

(6) Omit paragraph 7 (code of conduct).

(7) In paragraph 9 (removal of disqualification from holding a licence) after sub-paragraph (2) insert—

(3) In relation to proceedings on an application under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the applicant.

(8) In paragraph 10 (revocation on grounds of error or fraud), after sub-paragraph (4) insert—

(5) In relation to proceedings for the revocation of a licence under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the licensed conveyancer to whose licence the proceedings relate. (6) In relation to proceedings on an application under sub-paragraph (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by— (a) the Council; (b) the applicant.

(9) Omit paragraph 11.

(10) In paragraph 12 (delegation of powers etc)—

(a) in sub-paragraph (1) for “Subject” to “enactment, the” substitute “ The ”,

(b) in that sub-paragraph, for paragraph (b) substitute—

(b) by a sub-committee of such a committee; or (c) by an individual (whether or not a member of the Council's staff).

(1A) Where by virtue of sub-paragraph (1) any function may be discharged by a committee, the committee may arrange for the discharge of that function by— (a) a sub-committee of that committee; or (b) an individual, whether or not a member of the Council's staff. (1B) Sub-paragraph (1A) is subject to any contrary direction given by the Council. (1C) Arrangements made under sub-paragraph (1) or (1A) in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body). (1D) For this purpose “the delegating body” means— (a) in the case of arrangements under sub-paragraph (1), the Council, and (b) in the case of arrangements under sub-paragraph (1A), the committee.

(d) for sub-paragraph (3) substitute—

(3) Any power conferred by sub-paragraph (1), (1A) or (2) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.

(e) for sub-paragraphs (6) and (7) substitute—

(6) A committee or sub-committee established under this paragraph may include or consist of individuals other than— (a) members of the Council; (b) licensed conveyancers. (7) A sub-committee of a committee established under this paragraph may also include or consist of individuals other than members of the committee. (7A) The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council. (7B) A committee or sub-committee may regulate its own procedure, including quorum.

, and

(f) after sub-paragraph (9) insert—

(10) This paragraph is subject to any provision to the contrary made by or under any enactment.

(11) Omit paragraph 13 (Council's intervention powers).

SCHEDULE 18

Part 1 — Qualifying regulators

Designation orders

1

In this Part of this Schedule “designation order” means an order made under section 86A(6) of the Immigration and Asylum Act 1999 (c. 33) (designated qualifying regulators entitled to authorise persons to provide immigration advice and immigration services).

Continuity of existing rights

2

Each of the following bodies is a qualifying regulator for the purposes of Part 5 of the Immigration and Asylum Act 1999—

(a) the Law Society;

(b) the Institute of Legal Executives;

Application to become a qualifying regulator

3

(1) This paragraph applies where a body wishes to become a qualifying regulator for the purposes of Part 5 of the Immigration and Asylum Act 1999.

(2) A body may apply to the Board for the Board—

(a) to designate the body as a qualifying regulator for those purposes, and

(b) to approve what the applicant proposes as its regulatory arrangements if a designation order is made (“the proposed regulatory arrangements”).

(3) But a body may make an application under this paragraph only if—

(a) it is an approved regulator (other than the Board), or

(b) it has made an application under Part 2 of Schedule 4 (designation of approved regulators).

(4) An application under this paragraph must be made in such form and manner as the Board may specify in rules and must be accompanied by—

(a) details of the applicant's proposed regulatory arrangements,

(b) such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule, and

(5) The prescribed fee is the fee prescribed in, or determined in accordance with, rules made by the Board with the consent of the Lord Chancellor.

(6) An applicant may, at any time, withdraw the application by giving notice to that effect to the Board.

Consultation and representations

4

Paragraphs 4 to 12 of Schedule 4 (consultation requirements etc in relation to applications for designation as approved regulator) apply in relation to an application under paragraph 3 as they apply in relation to an application under paragraph 3 of that Schedule, but as if—

(a) in paragraphs 6(2), 7(2), and 9(3) of that Schedule the references to making an order under paragraph 17 in accordance with the recommendation were references to making a designation order in respect of the applicant, and

(b) in paragraph 6(2) of that Schedule the reference to the market for reserved legal services were a reference to the market for immigration advice and immigration services.

Determination of application

5

(1) The Board must make rules specifying how it will determine applications under paragraph 3.

(2) Rules under sub-paragraph (1) must, in particular, provide that the Board may grant an application only if it is satisfied—

(a) that, if a designation order were to be made in relation to the applicant, the applicant would have appropriate internal governance arrangements in place at the time the order takes effect,

(b) that, if such an order were made, the applicant would be competent to perform the role of designated qualifying regulator (within the meaning of section 86A of the Immigration and Asylum Act 1999 (c. 33)) at that time,

(c) that the arrangements made by the applicant for authorising persons to provide immigration advice or immigration services provide that persons may not be so authorised unless they are persons who are also authorised by the applicant to carry on activities which are reserved legal activities,

(d) that the applicant's proposed regulatory arrangements make appropriate provision, and

(e) that the applicant's proposed regulatory arrangements comply with the requirements imposed by sections 112 and 145 (requirements imposed in relation to the handling of complaints).

(3) The rules made for the purposes of sub-paragraph (2)(a) must in particular require the Board to be satisfied—

(a) that the exercise of the applicant's regulatory functions would not be prejudiced by any of its representative functions, and

(b) that decisions relating to the exercise of its regulatory functions would so far as reasonably practicable be taken independently from decisions relating to the exercise of its representative functions.

(4) In subsection (2)(c) the reference to persons who are also authorised by the applicant to carry on activities which are reserved legal activities includes, in relation to any application by the Law Society, registered foreign lawyers (within the meaning of section 89 of the Courts and Legal Services Act 1990).

6

(1) After considering—

(a) the application and accompanying material,

(b) any other information provided by the applicant,

(d) any other information which the Board considers relevant to the application,

the Board must decide whether to grant the application.

(2) The Board must give notice of its decision to the applicant (“the decision notice”).

(3) Where the Board decides to refuse the application, the decision notice must specify the reasons for that decision.

(4) The Board must publish the decision notice.

(5) Paragraph 15 of Schedule 4 (period within which decision must be made) applies in relation to a decision notice under this paragraph as it applies in relation to a decision notice under paragraph 14 of that Schedule.

Effect of application

7

(1) Where an application is granted under paragraph 6, the decision notice must specify that the applicant is a qualifying regulator for the purposes of Part 5 of the Immigration and Asylum Act 1999 (c. 33).

(2) Where an application is granted under paragraph 6, the proposed regulatory arrangements are at the same time treated as having been approved by the Board.

(3) But if the application was made in reliance upon paragraph 3(3)(b), the applicant's status as such a qualifying regulator and the approval of its proposed regulatory arrangements under sub-paragraph (2) are conditional upon the Lord Chancellor making an order under Part 2 of Schedule 4 designating the body as an approved regulator in relation to one or more reserved legal activities.

Loss of qualifying regulator status

8

(1) Where a qualifying regulator—

(a) ceases to be an approved regulator, or

(b) ceases to be a designated qualifying regulator within the meaning of section 86A of the Immigration and Asylum Act 1999 by virtue of an order under subsection (3) or (4) of that section,

it also ceases to be a qualifying regulator.

(2) But sub-paragraph (1) is without prejudice to a body's ability to make a further application under paragraph 3.

(3) If a body in the list in paragraph 2 ceases to be a qualifying regulator by virtue of sub-paragraph (1), the Lord Chancellor must, by order, remove it from that list.

Part 2 — Amendments of the Immigration and Asylum Act 1999 (c. 33)

9

The Immigration and Asylum Act 1999 is amended in accordance with this Part of this Schedule.

10

In section 82(1) (interpretation of Part 5), after the definition of “designated professional body” insert—

“designated qualifying regulator” has the meaning given by section 86A;

11

In section 83 (the Immigration Services Commissioner), after subsection (6) insert—

(6A) The duties imposed on the Commissioner by subsections (3) and (5) apply in relation to persons within section 84(2)(ba) only to the extent that those duties have effect in relation to the Commissioner's functions under section 92 or 92A.

12

(1) Section 84 (provision of immigration services) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (b) insert—

(ba) a person authorised to provide immigration advice or immigration services by a designated qualifying regulator,

, and

(b) in paragraph (c)(ii) after “(b)” insert “ or (ba) ”.

(3) After subsection (3) insert—

(3A) A person's entitlement to provide immigration advice or immigration services by virtue of subsection (2)(ba)— (a) is subject to any limitation on that person's authorisation imposed by the regulatory arrangements of the designated qualifying regulator in question, and (b) does not extend to the provision of such advice or services by the person other than in England and Wales (regardless of whether the persons to whom they are provided are in England and Wales or elsewhere). (3B) In subsection (3A) “regulatory arrangements” has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).

13

(1) Section 86 (designated professional bodies) is amended as follows.

(2) Omit subsections (1)(a), (d) and (e) and (4)(b).

(3) In subsection (5)(a) omit “England and Wales or”.

(4) In subsection (6)—

(a) omit paragraph (a), and

(b) in paragraph (b) for “it” substitute “ the order ”.

(5) In subsection (8) after “that a body” insert “ (other than a body in England and Wales) ”.

14

After section 86 insert—

(86A) (1) “Designated qualifying regulator” means a body which is a qualifying regulator and is listed in subsection (2). (2) The listed bodies are— (a) the Law Society; (b) the Institute of Legal Executives; (c) the General Council of the Bar. (3) The Secretary of State may by order remove a body from the list in subsection (2) if the Secretary of State considers that the body has failed to provide effective regulation of relevant authorised persons in their provision of immigration advice or immigration services. (4) If a designated qualifying regulator asks the Secretary of State to amend subsection (2) so as to remove its name, the Secretary of State may by order do so. (5) Where, at a time when a body is listed in subsection (2), the body ceases to be a qualifying regulator by virtue of paragraph 8(1)(a) of Schedule 18 to the Legal Services Act 2007 (loss of approved regulator status), the Secretary of State must, by order, remove it from the list. (6) If the Secretary of State considers that a body which— (a) is a qualifying regulator, (b) is not a designated qualifying regulator, and (c) is capable of providing effective regulation of relevant authorised persons in their provision of immigration advice or immigration services, ought to be designated, the Secretary of State may, by order, amend the list in subsection (2) to include the name of that body. (7) If the Secretary of State is proposing to act under subsection (3) or (6), the Secretary of State must, before doing so, consult the Commissioner. (8) If the Secretary of State is proposing to act under subsection (3), the Secretary of State must, before doing so, also — (a) notify the body concerned of the proposal and give it a reasonable period within which to make representations, and (b) consider any representations duly made. (9) An order under subsection (3) or (6) requires the approval of the Lord Chancellor. (10) If the Legal Services Board considers that a designated qualifying regulator is failing to provide effective regulation of relevant authorised persons in their provision of immigration advice or immigration services, the Legal Services Board must make a report to this effect to— (a) the Secretary of State, and (b) the Lord Chancellor. (11) In this section— - “qualifying regulator” means a body which is a qualifying regulator for the purposes of this Part of this Act by virtue of Part 1 of Schedule 18 to the Legal Services Act 2007 (approved regulators approved by the Legal Services Board in relation to immigration matters); - “relevant authorised persons”, in relation to a designated qualifying regulator, means persons who are authorised by the designated qualifying regulator to provide immigration advice or immigration services.

15

(1) Section 90 (orders by disciplinary bodies) is amended as follows.

(2) In subsection (2), for paragraph (a) substitute—

(a) appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against— (i) members of a designated professional body, or (ii) persons regulated by designated qualifying regulators; and

(3) In subsection (3) after “body” insert “ or designated qualifying regulator ”.

(4) In subsection (5)—

(a) after “means” insert

— (a)

, and

(b) after “that body” insert

, or (b) a person who is authorised by the designated qualifying regulator concerned to provide immigration advice or immigration services.

16

In section 166(4) (orders requiring approval by Parliament), after paragraph (d) insert—

(da) section 86A(3),

17

(1) Schedule 5 (the Immigration Services Commissioner) is amended as follows.

(2) In paragraph 3 (code of standards)—

(a) after sub-paragraph (3)(a) insert—

(aa) a person who is authorised by a designated qualifying regulator to provide immigration advice or immigration services;

(b) in sub-paragraph (3)(b) after “paragraph (a)” insert “ or (aa) ”,

(aa) each of the designated qualifying regulators;

, and

(d) omit sub-paragraph (6)(b).

(3) In paragraph 4 (extension of scope of the code)—

(a) omit sub-paragraph (2)(b),

(b) in sub-paragraph (3)(a) omit “England and Wales or”, and

(4) In paragraph 5 (investigation of complaints)—

(a) in sub-paragraph (3), for the words from “but” to the end substitute— “ but not if the complaint is excluded by sub-paragraph (3A). ”,

(b) after that sub-paragraph insert—

(3A) A complaint is excluded if— (a) it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section, or (b) it relates to a person within section 84(2)(ba).

Part 3 — Transitional provision

The transitional period

18

(1) In this Part of this Schedule references to “the transitional period” are to the period which—

(a) begins with the day appointed for the coming into force of section 13 (entitlement to carry on reserved legal activities), and

(b) ends with the day appointed by the Lord Chancellor by order for the purposes of this paragraph.

(2) Different days may be appointed under sub-paragraph (1)(b) for different purposes.

(3) An order may be made under sub-paragraph (1)(b) only on the recommendation of the Board.

Barristers etc

19

(1) During the transitional period, every barrister is deemed to be authorised by the General Council of the Bar to provide immigration advice and immigration services.

(2) That authority is exercisable in accordance with, and subject to, the regulatory arrangements of the General Council of the Bar.

(3) A person is not authorised under sub-paragraph (1) unless the person has in force a certificate issued by the General Council of the Bar authorising the person to practise as a barrister.

20

(1) During the transitional period, every registered European lawyer registered with the Inns of Court and the General Council of the Bar is deemed to be authorised by the General Council of the Bar to provide immigration advice and immigration services if the registered European lawyer is entitled to provide immigration advice and immigration services under his home professional title by virtue of the European regulations.

(2) That authority is exercisable in accordance with, and subject to, the regulatory arrangements of the General Council of the Bar (as they apply to the registered European lawyer by virtue of the European regulations).

(3) In this paragraph—

“European regulations” means the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119);

“home professional title” and “registered European lawyer” have the same meaning as in the European regulations.

Solicitors etc

21

(1) During the transitional period, each of the following is deemed to be authorised by the Law Society to provide immigration advice and immigration services—

(a) every qualified solicitor;

(b) every registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41));

(d) every body recognised under section 9 of the Administration of Justice Act 1985 (c. 61).

(2) That authority is exercisable in accordance with, and subject to, the regulatory arrangements of the Law Society.

(3) “Qualified solicitor” means a person who is qualified under section 1 of the Solicitors Act 1974 (c. 47) to act as a solicitor.

22

(1) During the transitional period, every registered European lawyer registered with the Law Society is deemed to be authorised by the Law Society to provide immigration advice and immigration services if the registered European lawyer is entitled to provide immigration advice and immigration services under his home professional title by virtue of the European regulations.

(2) That authority is exercisable in accordance with, and subject to, the regulatory arrangements of the Law Society (as they apply to the registered European lawyer by virtue of the European regulations).

(3) In this paragraph—

“European regulations” means the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119);

“home professional title” and “registered European lawyer” have the same meaning as in the European regulations.

Legal Executives

23

(1) During the transitional period, a person who is authorised by the Institute of Legal Executives to practise as a member of the profession of legal executives is deemed to be authorised by that Institute to provide immigration advice and immigration services.

(2) That authority is exercisable in accordance with and subject to the regulatory arrangements of the Institute of Legal Executives.

(3) A person is not authorised under sub-paragraph (1) unless the person has in force a certificate issued by the Institute of Legal Executives authorising the person to practise as a legal executive.

SCHEDULE 19

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20

Solicitors (Scotland) Act 1980 (c. 46)

1

(1) The Solicitors (Scotland) Act 1980 is amended as follows.

(2) In section 3A(5), omit paragraphs (a) and (ad).

(3) In section 15(2)—

(a) in paragraph (e), for “38” substitute “ 62A ”, and

(b) omit paragraph (j).

(4) In section 20(2), omit “, 53A(2)(ba)”.

(5) In section 24C(2)—

(a) in paragraph (d), for “38” substitute “ 62A ”, and

(b) omit paragraph (i).

(6) In section 34, omit subsections (4), (4C) and (4D).

(7) Omit sections 38, 39, 42A and 42B.

(8) In section 42C—

(a) in subsection (1)—

(i) omit paragraphs (a) and (c),

(ii) omit “to the solicitor or his firm or”, and

(iii) omit “or, where” to the end,

(b) in subsection (2), in paragraphs (a) and (b) omit (in each place) “solicitor, firm or”,

(i) in paragraph (a), omit “the solicitor or his firm or, as the case may be,”,

(ii) in paragraph (b), omit “of which the solicitor” to “be,”,

(d) in subsection (4), omit (in each place) “38,”, and

(e) omit subsection (5).

(9) In section 51—

(a) in subsection (2)—

(i) omit “a solicitor may have been guilty” to “Fund) or”, and

(ii) omit “or a solicitor” to “services”, and

(b) omit subsection (2A).

(10) In section 52, in subsection (2)(aa) omit “42A(7) or”.

(11) In section 53, omit subsections (3), (10) and (11).

(12) Omit sections 53A, 53B and 53C.

(13) In section 54, omit subsections (1), (2B) and (2C).

(14) In section 55, omit subsection (8).

(15) Omit section 56A.

(16) In section 62A, in subsections (1) and (2) omit (in each place) “38,”.

(17) In section 65—

(a) in subsection (1), omit the definition of “inadequate professional services”, and

(b) omit subsection (5).

(18) In Part 2 of Schedule 3, in paragraph 5(1), (2) and (3) omit (in each place) “38,”.

(19) In Part 2 of Schedule 4—

(a) in paragraph 9(a) and (b), omit (in each place) “or, as the case may be, of provision of inadequate professional services”,

(b) in paragraph 16, omit sub-paragraphs (f) and (g), and

(20) In the side-note to section 62A, omit “38,”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

2

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit section 33.

SCHEDULE 21

Public Notaries Act 1801 (c. 79)

1

The Public Notaries Act 1801 is amended in accordance with paragraphs 2 and 3.

2

In section 1 (no person to be created to act as public notary, to do any notarial act etc unless duly admitted), omit “, or use and exercise the office of a notary, or do any notarial act,”.

3

In section 14 (Act not to extend to certain persons), omit from “proctor” to “any other”.

Public Notaries Act 1843 (c. 90)

4

The Public Notaries Act 1843 is amended in accordance with paragraphs 5 to 7.

5

After section 7 insert—

(7A) (1) Despite any provision made by the Public Notaries Acts, a person's entitlement to carry on an activity which is a notarial activity is to be determined in accordance with the Legal Services Act 2007. (2) Nothing in the Public Notaries Acts is to be regarded, for the purposes of paragraph 5(2) of Schedule 3 to the Legal Services Act 2007 (exempt persons in relation to notarial activities) as authorising a person to carry on such an activity. (3) For this purpose— - “the Public Notaries Acts” means this Act and the Public Notaries Act 1801; - “exempt person” and “notarial activity” have the same meaning as in the Legal Services Act 2007.

6

In section 8 (Master of Faculties may issue commissions to take oaths)—

(a) the existing provision becomes subsection (1), and

(b) after that subsection insert—

(2) For the purposes of the Legal Services Act 2007, the issue of a commission under subsection (1) is to be treated as an authorisation to carry on the relevant activities by virtue of another enactment (see paragraph 6(2) of Schedule 3 to that Act). (3) In subsection (2), “relevant activities” means the activities authorised by the commission.

7

Omit section 10 (offence of practising as notary without authorisation).

Bills of Exchange Act 1882 (c. 61)

8

The Bills of Exchange Act 1882 is amended in accordance with paragraphs 9 and 10.

9

In section 51 (noting or protest of bill), after subsection (7) insert—

(7A) In subsection (7) “notary” includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).

10

In section 94 (protest when notary not accessible)—

(a) the existing provision becomes subsection (1), and

(b) after that subsection insert—

(2) In subsection (1), “notary” includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).

Commissioners for Oaths Act 1889 (c. 10)

11

The Commissioners for Oaths Act 1889 is amended in accordance with paragraphs 12 and 13.

12

In section 1(3) (powers of commissioners for oaths) omit from “in which” (in the first place) to “solicitor, or”.

13

In section 6 (powers as to oaths and notarial acts abroad), after subsection (1) insert—

(1A) In subsection (1), “notary public” includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).

Benefices Act 1898 (c. 48)

14

In section 3 of the Benefices Act 1898 (appeal against refusal of benefice)—

(a) in subsection (2) for “counsel or a solicitor” substitute “ an authorised person ”, and

(b) after that subsection insert—

(2A) In subsection (2) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise a right of audience (within the meaning of that Act).

Children and Young Persons Act 1933 (c. 12)

15

The Children and Young Persons Act 1933 is amended in accordance with paragraphs 16 to 20.

16

In section 37(1) (power to clear court while child or young person giving evidence), for “counsel or solicitors” substitute “ legal representatives ”.

17

In section 43 (admission of deposition in evidence), for “counsel or solicitor” substitute “ legal representative ”.

18

In section 47(2)(b) (procedure in youth courts), for “solicitors and counsel” substitute “ legal representatives ”.

19

In section 49(11) (restrictions on reports of proceedings), omit the definition of “legal representative”.

20

In section 107 (interpretation), after the definition of “legal guardian” insert—

“legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);

London Building Acts (Amendment) Act 1939 (c. xcvii)

21

In section 115 of the London Building Acts (Amendment) Act 1939 (jurisdiction of tribunal of appeal)—

(a) in subsection (2), for “counsel solicitor” substitute “ an authorised person ”, and

(b) after that subsection insert—

(2A) In subsection (2) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

Accommodation Agencies Act 1953 (c. 23)

22

In section 1 of the Accommodation Agencies Act 1953 (illegal commissions and advertisements)—

(a) in subsection (3), after “solicitor” insert “ or an authorised person ”, and

(b) in subsection (6), after “say:—” insert—

“authorised person” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act);

Geneva Conventions Act 1957 (c. 52)

23

In section 3 of the Geneva Conventions Act 1957 (legal representation of certain persons), after subsection (5) insert—

(6) In this section— - “counsel” includes any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act); - “solicitor” includes any person who, for the purposes of that Act, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).

Horserace Betting Levy Act 1969 (c. 14)

24

In section 4 of the Horserace Betting Levy Act 1969 (non-renewal of bookmaker's permit)—

(a) in subsection (2), for “or a solicitor” substitute “ , a solicitor or an authorised person ”, and

(b) after that subsection insert—

(2A) In subsection (2), “authorised person” means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

Taxes Management Act 1970 (c. 9)

25

In section 20B of the Taxes Management Act 1970 (restrictions on power to require documents)—

(a) in subsection (3), for “barrister, advocate or solicitor” (in both places) substitute “ relevant lawyer ”,

(b) in subsection (8), for “barrister, advocate or a solicitor” substitute “ relevant lawyer ”, and

(15) In this section “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.

Powers of Attorney Act 1971 (c. 27)

26

In section 3 of the Powers of Attorney Act 1971 (proof of instruments creating powers of attorney)—

(a) in subsection (1)(b) for “duly certificated notary public” substitute “ , authorised person ”, and

(b) in subsection (3) for from “ “duly” to “Act and” substitute “ “authorised person” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act) and ”.

Poisons Act 1972 (c. 66)

27

In section 9(7) of the Poisons Act 1972 (right to conduct proceedings), omit “notwithstanding that he is not of counsel or a solicitor”.

Local Government Act 1972 (c. 70)

28

In section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings), in subsection (1) for “, notwithstanding” to the end substitute “ to conduct any such proceedings. ”

Matrimonial Causes Act 1973 (c. 18)

29

In section 6 of the Matrimonial Causes Act 1973 (attempts at reconciliation of parties to marriage) in subsection (1) for “solicitor” substitute “ legal representative ”.

Fair Trading Act 1973 (c. 41)

30

In section 29 of the Fair Trading Act 1973 (powers of entry and seizure)—

(a) in subsection (5), for “barrister, advocate or solicitor” substitute “ relevant lawyer ”, and

(b) after subsection (5) insert—

(6) “Relevant lawyer” means a barrister, advocate, solicitor, or other legal representative communications with whom may be the subject of a claim to privilege.

Consumer Credit Act 1974 (c. 39)

31

In section 146 of the Consumer Credit Act 1974 (exceptions from section 145), after subsection (2) insert—

(2A) An authorised person (other than a barrister or solicitor) engaging in contentious business is not to be treated as doing so in the course of any ancillary credit business. (2B) In subsection (2A)— - “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); - “contentious business” means business done in or for the purposes of proceedings begun before a court or before an arbitrator, not being non-contentious or common form probate business (within the meaning of section 128 of the Supreme Court Act 1981).

Sex Discrimination Act 1975 (c. 65)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail Act 1976 (c. 63)

33

The Bail Act 1976 is amended in accordance with paragraphs 34 and 35.

34

In section 3 (general provisions), in subsection (6)(e) for “an authorised advocate” to the end substitute “ a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); ”.

35

In section 5 (supplementary provisions about decisions on bail)—

(a) in subsection (5), for “is represented by counsel or a solicitor unless his counsel or solicitor” substitute “ has legal representation unless his legal representative ”, and

(b) in subsection (6), for “is not represented by counsel or a solicitor” substitute “ does not have legal representation ”.

Race Relations Act 1976 (c. 74)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patents Act 1977 (c. 37)

40

In section 102 of the Patents Act 1977 (rights of audience etc in proceedings before the comptroller)—

(a) after subsection (2) insert—

(2A) For the purposes of subsection (2), as it has effect in relation to England and Wales, “the enactment relating to the preparation of documents by persons not qualified” means section 14 of the Legal Services Act 2007 (offence to carry on a reserved legal activity if not entitled) as it applies in relation to an activity which amounts to the carrying on of reserved instrument activities within the meaning of that Act.

, and

(b) for subsection (5) substitute—

(5) Nothing in this section is to be taken to limit any entitlement to prepare deeds conferred on a registered patent attorney by virtue of the Legal Services Act 2007.

Estate Agents Act 1979 (c. 38)

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates' Courts Act 1980 (c. 43)

42

The Magistrates' Courts Act 1980 is amended in accordance with paragraphs 43 and 44.

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

In section 150 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “ a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); ”.

Supreme Court Act 1981 (c. 54)

45

The Supreme Court Act 1981 is amended in accordance with paragraphs 46 and 47.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

In section 90(3B) (conduct of proceedings by Official Solicitor) for “section 28(2)(a) of the Courts and Legal Services Act 1990” substitute “ the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) ”.

Representation of the People Act 1983 (c. 2)

48

The Representation of the People Act 1983 is amended in accordance with paragraphs 49 to 52.

49

In section 86 (authorised excuses for failures as to return and declarations)—

(a) in subsection (1A), for “or solicitor” substitute “ , solicitor or authorised person ”, and

(b) after that subsection insert—

(1B) In subsection (1A) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

50

In section 156 (costs of trying election petition)—

(a) in subsection (5), for “or solicitor” substitute “ , a solicitor or an authorised person ”, and

(b) after that subsection insert—

(5A) In subsection (5) “authorised person” means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

51

In section 162 (member of legal and certain other professions)—

(a) the existing provision becomes subsection (1),

(b) in that subsection—

(i) after “solicitor” insert “ , authorised person ”, and

(ii) for “or tribunal” (in both places) substitute “ , tribunal or other body ”, and

(2) In subsection (1) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act).

52

In section 181 (Director of Public Prosecutions)—

(a) in subsection (3), for “or solicitor” substitute “ , solicitor or authorised person ”, and

(b) after that subsection insert—

(3A) In subsection (3) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

Mental Health Act 1983 (c. 20)

53

The Mental Health Act 1983 is amended in accordance with paragraphs 54 to 60.

54

In section 35 (remand to hospital for report on accused's mental condition), in subsection (6) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.

55

In section 36 (removal of accused person to hospital for treatment), in subsection (5) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.

56

In section 38 (interim hospital orders), in subsection (2) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.

57

In section 52 (further provisions as to persons remanded by magistrates' courts), in subsection (7)(b) for “counsel or a solicitor” substitute “ an authorised person ”.

58

In section 54 (requirements as to medical evidence), in subsection (3)(a)—

(a) for “counsel or a solicitor” substitute “ an authorised person ”, and

(b) for “his counsel or solicitor” substitute “ that authorised person ”.

59

In section 55 (interpretation of Part 3), in subsection (1) before the definitions of “child” and “young person” insert—

“authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);

60

In section 78 (procedure of Mental Health Review Tribunals), in subsection (7) for “counsel or a solicitor” substitute “ an authorised person (within the meaning of Part 3) ”.

County Courts Act 1984 (c. 28)

61

In section 147 of the County Courts Act 1984 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “ a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); ”.

Inheritance Tax Act 1984 (c. 51)

62

In section 219 of the Inheritance Tax Act 1984 (power to require information)—

(a) in subsection (3) for “barrister or solicitor” substitute “ relevant lawyer ”,

(b) in subsection (4) for “solicitor” (in both places) substitute “ relevant lawyer ”, and

(5) In this section “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.

Companies Act 1985 (c. 6)

63

In Schedule 15D of the Companies Act 1985 (disclosures)—

(a) the existing paragraph 46 becomes sub-paragraph (1) of that paragraph,

(b) in that sub-paragraph for “solicitor, barrister” substitute “ relevant lawyer ”, and

(2) “Relevant lawyer” means— (a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act), (b) a solicitor or barrister in Northern Ireland, or (c) a solicitor or advocate in Scotland.

Prosecution of Offences Act 1985 (c. 23)

64

In section 15 of the Prosecution of Offences Act 1985 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “ a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); ”.

Administration of Justice Act 1985 (c. 61)

65

The Administration of Justice Act 1985 is amended in accordance with paragraphs 66 and 67.

66

In section 41 (application of disciplinary provisions to legal aid complaints against barristers), in subsection (2) after “those provisions” insert “ and despite section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress) ”.

67

In section 69(2) (commencement) for “Secretary of State” substitute “ Lord Chancellor ”.

68

In section 56 of the Social Security Act 1986 (legal proceedings), in subsection (1) omit “although not a barrister or solicitor”.

Building Societies Act 1986 (c. 53)

69

The Building Societies Act 1986 is amended in accordance with paragraphs 70 to 72.

70

In section 52 (powers to obtain information and documents etc)—

(a) in subsection (8) for “barrister, solicitor or advocate” substitute “ relevant lawyer ”, and

(b) in subsection (13) after the definition of “approved” insert—

“relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege;

71

In section 67 (directors, etc, not to accept commission in connection with loans), in subsection (7), in the definition of “solicitor” for “licensed conveyancer” substitute “ any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act) ”.

72

In section 69 (disclosure and record of income of related businesses), in subsection (17), in the definition of “solicitor” for “licensed conveyancer” to the end substitute “ any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act). ”

Ministry of Defence Police Act 1987 (c. 4)

73

In section 4 of the Ministry of Defence Police Act 1987 (representation at disciplinary proceedings)—

(a) in subsection (2) for “either by counsel or by a solicitor” substitute “ by a relevant lawyer ”,

(b) in subsection (7) for “counsel or a solicitor” substitute “ a relevant lawyer ”, and

(8) In this section “relevant lawyer” means— (a) in relation to Scotland or Northern Ireland, counsel or a solicitor, and (b) in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

Income and Corporation Taxes Act 1988 (c. 1)

74

In the Income and Corporation Taxes Act 1988, in section 778 (power to obtain information)—

(a) in subsection (3) for “solicitor” substitute “ relevant lawyer ”, and

(b) after that subsection insert—

(4) In subsection (3) “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, protected from disclosure in legal proceedings on the grounds of confidentiality of communication.

75

The Copyright, Designs and Patents Act 1988 is amended in accordance with paragraphs 76 to 80.

76

In section 276 (persons entitled to describe themselves as patent agents)—

(a) in subsection (1) for “registered patent agent” substitute “ registered patent attorney ”, and

(b) in subsection (4) for “agent” (in the second place) substitute “ attorney ”.

77

In section 280 (privilege for communications with patent agents)—

(a) in subsection (1), after “to” (in the first place) insert

— (a) “,

(b) at the end of that subsection insert

, and (b) documents, material or information relating to any matter mentioned in paragraph (a).

(2) Where a patent attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the patent attorney had at all material times been acting as the client's solicitor.

(d) in subsection (3)—

(i) for “agent” (in each place) substitute “ attorney ”, and

(ii) for “agents” substitute “ attorneys ”, and

(e) omit subsection (4).

78

In section 281 (power of comptroller to refuse to deal with certain agents) in subsection (2) for “agents” (in both places) substitute “ attorneys ”.

79

In section 286 (interpretation)—

(a) for “agent”” substitute “ attorney ””, and

(b) for “(1)” substitute “ (2) ”.

80

Omit section 292 (rights and duties of registered patent agents in relation to proceedings in patent county courts).

Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)

81

In section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (deeds and their execution)—

(a) in subsection (5) for “a solicitor” (in the first place) to “conveyancer” (in the second place) substitute “ a relevant lawyer, or an agent or employee of a relevant lawyer ”, and

(b) in subsection (6) for the definition of “duly certificated notary public” substitute—

“relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act).

Companies Act 1989 (c. 40)

82

In section 87 of the Companies Act 1989 (exceptions from restrictions on disclosure)—

(a) in subsection (2), in paragraph (c)(i), for “solicitor” substitute “ relevant lawyer ”, and

(b) after that subsection insert—

(2A) In subsection (2)(c)(i) “relevant lawyer” means— (a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act), (b) a solicitor or barrister in Northern Ireland, or (c) a solicitor or advocate in Scotland.

Courts and Legal Services Act 1990 (c. 41)

83

The Courts and Legal Services Act 1990 is amended in accordance with paragraphs 84 to 101.

84

Omit the following provisions—

(a) section 17 (the statutory objective and the general principle);

(b) section 18 (the statutory duty);

(d) section 27 (rights of audience);

(e) section 28 (rights to conduct litigation);

(f) section 29 (authorised bodies);

(g) section 31 (barristers and solicitors: rights of audience and rights to conduct litigation);

(h) section 31A (employed advocates).

85

In section 31B (advocates and litigators employed by Legal Services Commission)—

(a) for subsection (1) substitute—

(1) This section applies where a person— (a) is authorised by a relevant approved regulator (“the regulator”) to carry on an activity which constitutes the exercise of a right of audience or the conduct of litigation, and (b) is employed by the Legal Services Commission, or by any body established and maintained by that Commission. (1A) Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.

(b) in subsection (2)—

(i) for “body” (in each place) substitute “ regulator ”, and

(ii) for “rules of conduct” substitute “ conduct rules ”,

(d) after subsection (3) insert—

(4) For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

86

In section 31C (change of authorised body)—

(a) for subsection (1) substitute—

(1) Where a person— (a) has at any time been authorised by a relevant approved regulator to exercise a right of audience before a court in relation to proceedings of a particular description, and (b) becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings, any qualification regulations of the relevant approved regulator mentioned in paragraph (b) which relate to that right are not to have effect in relation to the person.

(b) in subsection (2) for “the body” substitute “ the relevant approved regulator ”,

(d) after that subsection insert—

(4) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

87

Omit sections 34 to 52 (extension of conveyancing services).

88

Omit sections 54 and 55 (preparation of probate papers etc).

89

In section 60 (regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales)—

(a) in subsection (1) for “Secretary of State” substitute “ Lord Chancellor ”,

(b) in subsection (2) for “Secretary of State” substitute “ Lord Chancellor ”,

(2A) Regulations may be made under this section only if— (a) the Legal Services Board has made a recommendation under section 60A, (b) draft regulations were annexed to the recommendation, and (c) the regulations are in the same form as, or a form not materially different from, the draft regulations.

, and

(d) in subsection (4) for “Secretary of State” substitute “ Lord Chancellor ”.

90

After that section insert—

(60A) (1) Before making a recommendation under this section, the Legal Services Board must publish a draft of— (a) the proposed recommendation, and (b) the proposed draft regulations. (2) The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period. (3) Before making the recommendation, the Board must have regard to any representations duly made. (4) If the draft regulations to be annexed to the recommendation differ from the draft regulations published under subsection (1)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft recommendations along with a statement detailing the changes made and the reasons for the changes.

91

Omit section 63 (legal professional privilege).

92

Omit section 69 (exemption from liability for damages etc).

93

Omit section 70 (offences).

94

In section 71 (qualification for judicial and certain other appointments)—

(a) in subsection (4) for “granted by an authorised body” substitute “ exercisable by virtue of an authorisation given by a relevant approved regulator ”,

(b) in subsection (6) for “the authorised body concerned” substitute “ the relevant approved regulator ”, and

(6A) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

95

In section 75 (judges etc barred from legal practice), after paragraph (b) insert—

(ba) carry on any notarial activities (within the meaning of the Legal Services Act 2007);

96

Omit section 113 (administration of oaths and taking of affidavits).

97

(1) Section 119 (interpretation) is amended as follows.

(2) In subsection (1) omit the following definitions—

“authorised advocate”

“authorised body” and “appropriate authorised body”

“authorised litigator”

“authorised practitioner”

“Consultative Panel”

“duly certificated notary public”

“the general principle”

“qualified person”

“the statutory objective”.

(3) In that subsection, for the definition of “court” substitute—

“court” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);

(4) In that subsection, for the definition of “qualification regulations” and “rules of conduct” substitute—

“qualification regulations” and “conduct rules”, in relation to a body, have the same meaning as in the Legal Services Act 2007 (see section 21 of that Act);

(5) In that subsection, in the definition of “right to conduct litigation”—

(a) in paragraph (a) after “court” insert “ in England and Wales ”,

(b) for “and” at the end of that paragraph substitute—

(aa) to commence, prosecute and defend such proceedings; and

(6) In subsection (3) for from “(including” to the end substitute “ to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act)). ”

98

In section 120 (regulations and orders) omit—

(a) in subsection (4) —

(i) “26(1), 37(10), 40(1)”, and

(ii) from “paragraph 24” to “Schedule 9”, and

(b) subsection (5).

99

In section 125 (power to make provision consequential on provision made by Part 2 of Administration of Justice Act 1985 etc)—

(a) in subsection (4) for “Secretary of State” substitute “ Lord Chancellor ”, and

(b) for subsection (5) substitute—

(5) In subsection (4)— (a) “relevant enactments” means such enactments or instruments passed or made before or in the same Session as the Legal Services Act 2007 was passed as may be specified in the order, and (b) the reference to Part 2 is a reference to that Part as amended by that Act or any enactment or instruments passed or made before or in the same Session as that Act was passed.

100

Omit the following provisions—

(a) Schedule 4 (authorised bodies);

(b) Schedule 5 (the Authorised Conveyancing Practitioners Board);

(d) Schedule 7 (the Conveyancing Ombudsman Scheme);

(e) in Part 2 of Schedule 8 (amendments of provisions relating to powers of Conveyancing Licensing Council etc), paragraphs 14 to 20 and 21(1)(b);

(f) Schedule 9 (probate).

101

In paragraph 17 of Schedule 19 (revocation of appointment under section 1(1) of the Commissioners for Oaths Act 1889) for “Secretary of State” substitute “ Lord Chancellor ”.

Environmental Protection Act 1990 (c. 43)

102

In section 114 (appointment etc of inspectors), in subsection (4) omit “, although not of counsel or a solicitor,”.

Friendly Societies Act 1992 (c. 40)

103

In section 62 of the Friendly Societies Act 1992 (powers to obtain information and documents etc)—

(a) in subsection (7), for paragraphs (a) and (b) substitute—

(a) by a relevant lawyer of a document or material contained in a privileged communication or, in Scotland, a communication which is protected from disclosure on the ground of confidentiality, made by or to the relevant lawyer in that capacity or the furnishing of information contained in such communication so made;

, and

(b) in subsection (12), at the end insert

; and “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, be protected from disclosure in legal proceedings on grounds of confidentiality of communication.

Trade Union and Labour Relations Consolidation Act 1992 (c. 52)

104

The Trade Union and Labour Relations Consolidation Act 1992 is amended in accordance with paragraphs 105 to 107.

105

In section 194 (offence of failure to notify), in subsection (2) omit “, although not of counsel or a solicitor,”.

106

In section 216 (constitution and proceedings of court of inquiry)—

(a) in subsection (6) for “counsel or solicitor” (in both places) substitute “ a relevant lawyer ”, and

(b) after subsection (6) insert—

(7) In subsection (6) “relevant lawyer” means— (a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, or (b) an advocate or solicitor in Scotland.

107

In section 288 (restriction on contracting out), in subsection (4B)(a) for “a barrister” (in the first place) to the end substitute “ a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and ”.

Finance Act 1993 (c. 34)

108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Marks Act 1994 (c. 26)

109

The Trade Marks Act 1994 is amended in accordance with paragraphs 110 to 115.

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111

In section 84 (unregistered persons not to be described as registered trade mark agents)—

(a) in subsection (1)—

(i) for “agent” (in the first place) substitute “ attorney ”,

(ii) in paragraph (a) after “agent”” insert “ or registered trade mark attorney ”, and

(iii) in paragraph (b) after “agent” insert “ or a registered trade mark attorney ”,

(b) in subsection (2)—

(i) in paragraph (a) after “agent”” insert “ or registered trade mark attorney ”, and

(ii) in paragraph (b) after “agents”” insert “ or registered trade mark attorneys ”, and

(i) in paragraph (a) after “agent”” insert “ or registered trade mark attorney ”, and

(ii) in paragraph (b) after “agent” insert “ or a registered trade mark attorney ”.

112

In section 86 (use of the term “trade mark attorney”) in subsection (1) for “agent” substitute “ attorney ”.

113

In section 87 (privilege for communications with registered trade mark agents)—

(a) in subsection (1), after “to” (in the first place) insert

— (a)

(b) at the end of that subsection insert

, and (b) documents, material or information relating to any matter mentioned in paragraph (a).

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