Legalize / United Kingdom / Public General Act

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

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

(a) in subsection (2)—

(i) after “partnership” (in the first place) insert “ or other unincorporated body ”, and

(ii) for “all the partners” to the end substitute “ the partnership or other body is registered in the register kept under section 275 ”, and

(b) in subsection (3) for “all the directors” to the end substitute “ the body corporate is registered in the register kept under section 275. ”

(5) Omit section 279 (power to prescribe conditions etc for mixed partnerships and bodies corporate).

(6) In section 280 (privilege for communications with patent agents), in subsection (3), at the end of paragraph (b) insert—

(ba) an unincorporated body (other than a partnership) entitled to describe itself as a patent attorney, or

Immigration advisers and immigration service providers

186

(1) Schedule 18 makes provision relating to Part 5 of the Immigration and Asylum Act 1999 (c. 33) (immigration advisers and immigration service providers).

(2) In that Schedule—

(a) Part 1 makes provision for approved regulators to become qualifying regulators for the purposes of Part 5 of the Immigration and Asylum Act 1999,

(b) Part 2 contains amendments of that Act (which amongst other things enable persons authorised by qualifying regulators to provide immigration advice and immigration services in England and Wales), and

(c) Part 3 makes provision for certain persons to be treated, during a transitional period, as authorised by qualifying regulators to provide such advice and services.

Claims management services

187

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Advocates and litigators

Duties of advocates and litigators

188

(1) This section applies to a person who—

(a) exercises before any court a right of audience, or

(b) conducts litigation in relation to proceedings in any court,

by virtue of being an authorised person in relation to the activity in question.

(2) A person to whom this section applies has a duty to the court in question to act with independence in the interests of justice.

(3) That duty, and the duty to comply with relevant conduct rules imposed on the person by section 176(1), override any obligations which the person may have (otherwise than under the criminal law) if they are inconsistent with them.

(4) “Relevant conduct rules” are the conduct rules of the relevant authorising body which relate to the exercise of a right of audience or the conduct of litigation.

(5) The relevant authorising body is—

(a) the approved regulator by which the person is authorised to exercise the right of audience or conduct the litigation, or

(b) where the person is authorised to exercise the right of audience or conduct the litigation by the Board in its capacity as a licensing authority, the Board.

Employed advocates

189

(1) This section applies where an authorised person in relation to the exercise of a right of audience is employed as a Crown Prosecutor or in any other description of employment.

(2) Qualification regulations or conduct rules of the approved regulator by whom the person is authorised to carry on that activity which relate to the right of audience do not have effect in relation to the person if—

(a) they—

(i) limit the courts before which, or proceedings in which, that activity may be carried on by persons who are employed, or

(ii) limit the circumstances in which that activity may be carried on by persons who are employed by requiring such persons to be accompanied by some other person when carrying on that activity, and

(b) they do not impose the same limitation on persons who are authorised persons in relation to the activity in question but are not employed.

Legal professional privilege

190

(1) Subsection (2) applies where an individual (“P”) who is not a barrister or solicitor—

(a) provides advocacy services as an authorised person in relation to the exercise of rights of audience,

(b) provides litigation services as an authorised person in relation to the conduct of litigation,

(d) provides probate services as an authorised person in relation to probate activities.

(2) Any communication, document, material or information relating to the provision of the services in question is privileged from disclosure in like manner as if P had at all material times been acting as P's client's solicitor.

(3) Subsection (4) applies where—

(a) a licensed body provides services to a client, and

(b) the individual (“E”) through whom the body provides those services—

(i) is a relevant lawyer, or

(ii) acts at the direction and under the supervision of a relevant lawyer (“the supervisor”).

(4) Any communication, document, material or information relating to the provision of the services in question is privileged from disclosure only if, and to the extent that, it would have been privileged from disclosure if—

(a) the services had been provided by E or, if E is not a relevant lawyer, by the supervisor, and

(b) at all material times the client had been the client of E or, if E is not a relevant lawyer, of the supervisor.

(5) “Relevant lawyer” means an individual who is—

(a) a solicitor;

(b) a barrister;

(d) an advocate in Scotland;

(e) a solicitor of the Court of Judicature of Northern Ireland;

(f) a member of the Bar of Northern Ireland;

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

(h) an individual not within paragraphs (a) to (g) who is an authorised person in relation to an activity which is a reserved legal activity; or

(i) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910) , as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020).

(6) In this section—

“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;

“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide;

“conveyancing services” means the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land;

“probate services” means the preparation of any papers on which to found or oppose a grant of probate or a grant of letters of administration and the administration of the estate of a deceased person.

(7) This section is without prejudice to any other enactment or rule of law by virtue of which a communication, a document, material or information is privileged from disclosure.

Employees of housing management bodies

Rights of audience etc of employees of housing management bodies

191

After section 60 of the County Courts Act 1984 (c. 28) insert—

(60A) (1) An employee of a housing management body who is authorised by that body for the purposes of this section has— (a) a right of audience in relation to any proceedings to which this section applies, and (b) a right to conduct litigation in relation to any such proceedings. (2) This section applies to relevant housing proceedings in a county court before a district judge which are brought— (a) in the name of a local housing authority, and (b) by the housing management body in the exercise of functions of that local housing authority delegated to that body under a housing management agreement. (3) “Relevant housing proceedings” are— (a) proceedings under section 82A of the Housing Act 1985 (demotion because of anti-social behaviour); (b) proceedings for possession of a dwelling-house subject to a secure tenancy, where possession is sought on ground 2 in Part 1 of Schedule 2 to that Act (anti-social behaviour); (c) proceedings for possession of a dwelling-house subject to a demoted tenancy; (d) proceedings for a suspension order under section 121A of the Housing Act 1985 (suspension of right to buy); (e) proceedings under section 153A, 153B or 153D of the Housing Act 1996 (injunctions against anti-social behaviour); (f) proceedings for the attachment of a power of arrest to an injunction by virtue of section 91(2) of the Anti-social Behaviour Act 2003 or section 27(2) of the Police and Justice Act 2006 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction); (g) at a hearing at which a decision is made in relation to proceedings within paragraphs (a) to (f), proceedings for permission to appeal against that decision; (h) such other proceedings as the Lord Chancellor may prescribe by order. (4) An authorisation for the purposes of this section must be in writing. (5) The power to make an order under subsection (3)(h) is exercisable by statutory instrument subject to annulment by resolution of either House of Parliament. (6) In subsection (3)(e) the reference to section 153A of the Housing Act 1996 is a reference to that section— (a) as inserted by section 13 of the Anti-social Behaviour Act 2003, or (b) as substituted by section 26 of the Police and Justice Act 2006. (7) In this section— - “dwelling-house” has the same meaning as in Part 4 of the Housing Act 1985; - “housing management agreement” means an agreement under section 27 of the Housing Act 1985 (including an agreement to which section 27B(2) or (3) of that Act applies); - “housing management body” means a person who exercises management functions of a local housing authority by virtue of a housing management agreement; - “local housing authority” has the same meaning as in section 27 of the Housing Act 1985; - “right of audience” means the right to appear before and address a court, including the right to call and examine witnesses; - “right to conduct litigation” means the right— 1. to issue proceedings before any court in England and Wales, 2. to commence, prosecute and defend such proceedings, and 3. to perform any ancillary functions in relation to such proceedings (such as entering appearances to actions); - “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.

Savings

Powers of court in respect of rights of audience and conduct of litigation

192

(1) Nothing in this Act affects the power of any court in any proceedings to refuse to hear a person (for reasons which apply to that person as an individual) who would otherwise have a right of audience before the court in relation to those proceedings.

(2) Where a court refuses to hear a person as mentioned in subsection (1), it must give its reasons for refusing.

(3) Where—

(a) immediately before the commencement of section 13 (entitlement to carry on reserved legal activities), or

(b) by virtue of any provision made by or under an enactment passed subsequently,

a court does not permit the appearance of advocates, or permits the appearance of advocates only with leave, no person may exercise a right of audience before the court, in relation to any proceedings, solely by virtue of being entitled to do so under this Act.

(4) But a court may not limit the right to appear before the court in any proceedings to only some of those who are entitled to exercise that right by virtue of this Act.

(5) A court may not limit the right to conduct litigation in relation to proceedings before the court to only some of those who are entitled to exercise that right by virtue of this Act.

(6) In this section “advocate”, in relation to any proceedings, means a person exercising a right of audience as a representative of, or on behalf of, any party to the proceedings.

Solicitors to public departments and the City of London

193

(1) Nothing in this Act is to prejudice or affect any rights or privileges of—

(a) the Treasury Solicitor,

(b) the solicitor to any other public department,

(d) the solicitor to the Duchy of Cornwall.

(2) Nothing in this Act requires a person to whom subsection (1) applies, or any clerk or officer appointed to act for such a person, to be entitled to carry on an activity which is a reserved legal activity in any case where, by virtue of section 88(1) of the Solicitors Act 1974 (c. 47), it would not have been necessary for that person to be admitted and enrolled and to hold a practising certificate under that Act if this Act had not been passed.

(3) Nothing in this Act is to prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of Solicitor of the City of London.

(4) Nothing in section 17 (offence to pretend to be entitled) applies to a person to whom subsection (1) applies, or any clerk or officer appointed to act for such a person, or to the Solicitor of the City of London.

(5) A person who—

(a) exercises before any court a right of audience, or

(b) conducts litigation in relation to proceedings in any court,

by virtue of this section has a duty to the court in question to act with independence in the interests of justice.

(6) That duty overrides any obligations which the person may have (otherwise than under the criminal law) if it is inconsistent with them.

Pro bono representation

Payments in respect of pro bono representation

194

(1) This section applies to proceedings in a civil court in which—

(a) a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and

(b) R's representation of P is or was provided free of charge, in whole or in part.

(2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.

(3) The court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part).

(4) In considering whether to make such an order and the terms of such an order, the court must have regard to—

(a) whether, had R's representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation, and

(b) if it would, what the terms of the order would have been.

(5) The court may not make an order under subsection (3) against a person represented in the proceedings if the person's representation was at all times within subsection (6).

(6) Representation is within this subsection if it is—

(a) provided by a legal representative acting free of charge, or

(b) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(7) Rules of court may make further provision as to the making of orders under subsection (3), and may in particular—

(a) provide that such orders may not be made in civil proceedings of a description specified in the rules;

(b) make provision about the procedure to be followed in relation to such orders;

(c) specify matters (in addition to those mentioned in subsection (4)) to which the court must have regard in deciding whether to make such an order, and the terms of any order.

(8) “The prescribed charity” means the charity prescribed under section 194C.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section—

“legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf;

“civil court” means— ...the civil division of the Court of Appeal,the High Court,the family court, orthe county court;

“free of charge” means otherwise than for or in expectation of fee, gain or reward.

(11) The court may not make an order under subsection (3) in respect of representation if (or to the extent that) it is provided before this section comes into force.

Scotland

Application of the Legal Profession and Legal Aid (Scotland) Act 2007

195

(1) The Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5) (“the 2007 Act”) applies to—

(a) any element of a complaint relating to,

(b) the provision by a practitioner of,

the advice, services and activities mentioned in subsection (2) as it applies to any other advice, services and activities provided by a practitioner.

(2) The advice, services and activities are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) activities of an insolvency practitioner within the meaning of Part 13 of the Insolvency Act 1986 (c. 45);

(d) immigration advice or immigration services;

(e) regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8), other than activity falling within paragraph (f) below, in respect of which the Financial Conduct Authority has by virtue of Part 20 of that Act arranged for its regulatory role to be carried out by the Law Society of Scotland;

(f) exempt regulated activities within the meaning of section 325(2) of the Financial Services and Markets Act 2000.

(3) In subsection (1), “complaint” and “practitioner” have the same meaning as in Part 1 of the 2007 Act.

(4) Omit section 77 of the 2007 Act (advice services and activities to which Act does not apply).

(5) Schedule 20 contains minor and consequential amendments in connection with the application of the 2007 Act by virtue of this section.

Scottish legal services ombudsman: functions

196

(1) The functions of the Scottish legal services ombudsman cease to be exercisable in relation to the advice, services and activities mentioned in section 195(2).

(2) In the Immigration and Asylum Act 1999 (c. 33)—

(a) in section 86(4)(c) (designated professional bodies), for “Scottish Legal Services Ombudsman” substitute “ Scottish Legal Complaints Commission ”, and

(b) in paragraph 4(2)(c) of Schedule 5 (the Immigration Services Commissioner), for “Scottish Legal Services Ombudsman” substitute “ Scottish Legal Complaints Commission ”.

Part 9 — General

Offences

Offences committed by bodies corporate and unincorporated bodies

197

(1) Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.

(3) Proceedings for an offence alleged to have been committed by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

(4) A fine imposed on an unincorporated body on its conviction of an offence is to be paid out of the funds of that body.

(5) If an unincorporated body is charged with an offence, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.

(6) Where an offence committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that officer or member as well as the unincorporated body is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) Where an offence committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(8) In this section—

“offence” means an offence under this Act;

“officer”, in relation to a body corporate, means—any director, secretary or other similar officer of the body corporate, orany person who was purporting to act in any such capacity.

Local weights and measures authorities

198

(1) A local weights and measures authority may institute proceedings for an offence under section 14 if the activity which it is alleged that the accused was not entitled to carry on constitutes reserved instrument activities.

(2) A local weights and measures authority may institute proceedings for an offence under section 16 if the activity which it is alleged that E was not entitled to carry on constitutes reserved instrument activities.

“E” has the same meaning as in that section.

(3) In this section—

“relevant offence” means an offence in relation to which proceedings may be instituted by virtue of subsection (1) or (2);

“weights and measures officer” means an officer of a local weights and measures authority who is authorised by the authority to exercise the powers conferred by subsection (4).

(4) A weights and measures officer who has reasonable cause to suspect that a relevant offence may have been committed may, at any reasonable time—

(a) enter any premises which are not used solely as a dwelling;

(b) require any officer, agent or other competent person on the premises who is, or may be, in possession of information relevant to an investigation of the suspected offence to provide such information;

(d) take copies, or extracts, of any such documents;

(e) seize and retain any document which the weights and measures officer has reason to believe may be required as evidence in proceedings for a relevant offence.

(5) Any person exercising a power given by subsection (4) must, if asked to do so, produce evidence that that person is a weights and measures officer.

(6) A justice of the peace may issue a warrant under this section if satisfied, on information on oath given by a weights and measures officer, that there is reasonable cause to believe that a relevant offence may have been committed and that—

(a) entry to the premises concerned, or production of any documents which may be relevant to an investigation of the relevant offence, has been or is likely to be refused to a weights and measures officer, or

(b) there is reasonable cause to believe that, if production of any such document were to be required by the weights and measures officer without a warrant having been issued under this section, the document would not be produced but would be removed from the premises or hidden, tampered with or destroyed.

(7) A warrant issued under this section must authorise the weights and measures officer accompanied, where that officer considers it appropriate, by a constable or other person—

(a) to enter the premises specified in the information, using such force as is reasonably necessary, and

(b) to exercise any of the powers given to the weights and measures officer by subsection (4).

(8) It is an offence for a person (“P”)—

(a) intentionally to obstruct a weights and measures officer in the exercise of any power under this section;

(b) intentionally to fail to comply with any requirement properly imposed on P by a weights and measures officer in the exercise of any such power;

(c) to fail, without reasonable excuse, to give a weights and measures officer any assistance or information which the weights and measures officer may reasonably require of P for the purpose of exercising any such power; or

(d) in giving to a weights and measures officer any information which P has been required to give a weights and measures officer exercising any such power, to make any statement which P knows to be false or misleading in a material particular.

(9) A person who is guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) Nothing in this section is to be taken to require any person to answer any question put to that person by a weights and measures officer, or to give any information to such an officer, if to do so might incriminate that person.

Protected functions of the Lord Chancellor

199

(1) Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor) is amended as follows.

(2) After paragraph 3 insert—

(3A) Any function of the Lord Chancellor under the Legal Services Act 2007.

(3) Part A of paragraph 4 is amended in accordance with subsections (4) to (7).

(4) After the entry for the Juries Act 1974 (c. 23), insert—

Solicitors Act 1974 (c. 47) Section 56

(5) After the entry for the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17), insert—

Administration of Justice Act 1985 (c. 61) Section 9(7) Section 69(2) Schedule 3

(6) In the entry for the Courts and Legal Services Act 1990 (c. 41)—

(a) after “Section 1” insert—

Section 53 Section 60

, and

(b) after “Section 72” insert—

Section 89 Section 125(4) Schedule 19, paragraph 17

(7) After the entry for the Finance Act 1999 (c. 16), insert—

Access to Justice Act 1999 (c. 22) Section 45

Notices etc

Notices and directions

200

(1) A requirement or power under this Act to give a notice (or to notify) is a requirement or power to give notice in writing.

(2) A requirement or power under this Act to give a direction (or to direct) is a requirement or power to give a direction in writing.

(3) Any power conferred by this Act to give a direction includes power to revoke the direction.

(4) Subsection (3) does not apply to the power conferred on an ombudsman to give a direction under section 137 (directions on a determination of a complaint).

Documents

201

(1) In this Act “document” includes anything in which information is recorded in any form.

(2) In relation to a document in which information is recorded otherwise than in a legible form, any reference to the production of the document is a reference to the production of the information in a legible form or in a form from which it can readily be produced in a legible form.

The giving of notices, directions and other documents

202

(1) This section applies where provision made (in whatever terms) by or under this Act authorises or requires a notice, direction or any other document (including a copy of a document) to be given to a person.

(2) The notice, direction or document may be given to the person—

(a) by delivering it to the person,

(b) by leaving it at the person's proper address, or

(3) The notice, direction or document may be given to a body corporate by being given to the secretary or clerk of that body.

(4) The notice, direction or document may be given to a partnership by being given to—

(a) a partner in the partnership, or

(b) a person having the control or management of the partnership business.

(5) The notice, direction or document may be given to any other unincorporated body by being given to a member of the governing body of the unincorporated body.

(6) For the purposes of this section, and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a partnership, or any other unincorporated body, the address of the principal office of the partnership or body;

(c) in the case of a person to whom the notice or other document is given in reliance on any of subsections (3) to (5), the proper address of the body corporate, partnership or other unincorporated body in question;

(d) in any other case, the last known address of the person in question.

(7) In the case of—

(a) a company registered outside the United Kingdom,

(b) a partnership carrying on business outside the United Kingdom, or

the references in subsection (6) to its principal office include references to its principal office within the United Kingdom (if any).

(8) This section has effect subject to section 203 (notices, directions and documents in electronic form).

The giving of notices, directions and other documents in electronic form

203

(1) This section applies where—

(a) section 202 authorises the giving of a notice, direction or other document by its delivery to a particular person (“the recipient”), and

(b) the notice, direction or other document is transmitted to the recipient—

(i) by means of an electronic communications network, or

(ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.

(2) The transmission has effect for the purposes of this Act as a delivery of the notice, direction or other document to the recipient, but only if the requirements imposed by or under this section are complied with.

(3) Where the recipient is the Board, the OLC or an ombudsman—

(a) the recipient must have indicated its willingness to receive the notice, direction or other document in a manner mentioned in subsection (1)(b),

(b) the transmission must be made in such manner, and satisfy such other conditions as the recipient may require, and

(4) Where the person making the transmission is the Board, the OLC or an ombudsman, that person may (subject to subsection (5)) determine—

(a) the manner in which the transmission is made, and

(b) the form in which the notice, direction or other document is transmitted.

(5) Where the recipient is a person other than the Board, the OLC or an ombudsman—

(a) the recipient, or

(b) the person on whose behalf the recipient receives the notice, direction or other document,

must have indicated to the person making the transmission the recipient's willingness to receive notices, directions or other documents transmitted in the form and manner used.

(6) An indication to any person for the purposes of subsection (5)—

(a) must be given to that person in such manner as that person may require;

(b) may be a general indication or one that is limited to notices or documents of particular descriptions;

(c) must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission;

(d) may be modified or withdrawn at any time by a notice given to that person in such manner as that person may require.

(7) An indication, requirement or determination given, imposed or made by the Board, the OLC or an ombudsman for the purposes of this section is to be given, imposed or made by being published by that person.

(8) In this section “electronic communications network” has the same meaning as in the Communications Act 2003 (c. 21).

Orders, rules etc

Orders, regulations and rules

204

(1) Any order or regulations made by the Lord Chancellor under this Act must be made by statutory instrument.

(2) Any rules made by the Board under section 37(4), 95(3) or 173 must be made by statutory instrument, and the Statutory Instruments Act 1946 (c. 36) applies to the Board's powers to make rules under those sections as if the Board were a Minister of the Crown.

(3) An instrument to which this subsection applies may—

(a) provide for a person to exercise a discretion in dealing with any matter;

(b) include incidental, supplementary and consequential provision;

(d) make provision generally or subject to exceptions or only in relation to specified cases;

(e) make different provision for different cases or circumstances or for different purposes.

(4) Subsection (3) applies to—

(a) any order or regulations made by the Lord Chancellor,

(b) any rules or regulations made by the Board, and

under or by virtue of this Act.

Consultation requirements for rules

205

(1) This section applies in relation to—

(a) rules made by the Board under this Act, and

(b) rules made by the OLC under Part 6,

other than excluded rules.

(2) If the Board or the OLC (“the rule-making body”) proposes to make any rules, it must publish a draft of the proposed rules.

(3) The draft must be accompanied by a notice which states that representations about the proposals may be made to the rule-making body within the period specified in the notice.

(4) Before making the rules, the rule-making body must have regard to any representations duly made.

(5) If the rules differ from the draft published under subsection (2) in a way which is, in the opinion of the rule-making body, material, it must publish details of the differences.

(6) The rule-making body must publish any rules it makes, and rules may not take effect before the time they are published.

(7) Subsection (6) does not apply to rules made by the Board under section 37(4), 95(3) or 173.

(8) The rule-making body may make a reasonable charge for providing a person with a copy of—

(a) a draft published under subsection (2), or

(b) rules published under subsection (6).

(9) In this section “excluded rules” means—

(a) rules of procedure made by the Board for the purposes of paragraph 21 of Schedule 1,

(b) rules made by the Board in its capacity as an approved regulator or a licensing authority, and

and references to making rules include references to modifying the rules and, in relation to any modifications of rules, references to the proposed rules are to be read as references to the proposed modifications.

(10) This section is subject to section 156(3) (which disapplies this section to OLC rules made in response to a Board direction under section 156(1)(b)).

Parliamentary control of orders and regulations

206

(1) A statutory instrument containing an order or regulations made by the Lord Chancellor under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) Subsection (1) does not apply to an order if it contains only provision made under one or more of the following—

(a) section 23(3)(b) (day appointed as end of transitional period relating to non-commercial bodies);

(b) section 30(4) (appointed day before which first set of rules must be made under section 30);

(d) paragraph 3(1)(b) of Schedule 5 (day appointed as end of transitional period during which rights conferred by virtue of Part 2 of that Schedule);

(e) paragraph 18(1)(b) of Schedule 18 (day appointed as end of transitional period during which rights conferred by virtue of Part 3 of that Schedule).

(4) Subsection (1) does not apply to an order or regulations which contains (whether alone or together with other provision) provision made under any of the following—

(a) section 24(1) (orders adding to reserved legal activities);

(b) section 25(1) or (3) (provisional designation of approved regulators);

(d) section 45(1) (cancellation of designation as approved regulator);

(e) section 46 (transitional arrangements following cancellation under section 45);

(f) section 48(6) (regulations relating to warrants under section 48);

(g) section 62(1) (power to designate Board as an approved regulator, modify its functions or cancel its designation);

(h) section 69(1) (modification of functions of approved regulators etc);

(i) section 76(1) (cancellation of designation as licensing authority);

(j) section 77 (transitional arrangements following cancellation under section 76);

(k) section 79(6) (regulations relating to warrants under section 79);

(l) section 80(1) (order establishing appellate body etc);

(m) section 106(1)(e) (power to prescribe bodies as bodies to which section 106 applies);

(n) section 109 (power to modify application of Part 5 to foreign bodies);

(na) section 111D (order to confer information powers on other approved regulators);

(o) section 173(5)(c) (power to prescribe persons as leviable bodies);

(oa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) section 207(5) (power to modify definition of “manager” in its application to foreign bodies);

(q) section 208(3) (power to make consequential provision etc by amending enactments);

(r) paragraph 9(1) of Schedule 3 (modification of exempt persons);

(s) paragraph 17 of Schedule 4 (designation of approved regulators);

(t) paragraph 9 of Schedule 13 (power to modify definitions of “material interest” and “associates”);

(u) paragraph 2 of Schedule 22 (transitory power to modify functions of designated regulators etc).

(5) An order or regulations within subsection (4) may not be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing rules made by the Board under section 37(4), 95(3) or 173 is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

207

(1) In this Act, except where the context otherwise requires—

“barrister” means an individual who—has been called to the Bar by an Inn of Court, andis not disbarred by order of an Inn of Court;“the CMA” means the Competition and Markets Authority;

“consumers” means (subject to subsection (3)) persons—who use, have used or are or may be contemplating using, services within subsection (2),who have rights or interests which are derived from, or are otherwise attributable to, the use of such services by other persons, orwho have rights or interests which may be adversely affected by the use of such services by persons acting on their behalf or in a fiduciary capacity in relation to them;

“conveyancing services” has the same meaning as in Part 2 of the Administration of Justice Act 1985 (c. 61) (licensed conveyancing) (see section 11(3) of that Act);

“court” includes—a tribunal that was (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc of Administrative Justice and Tribunals Council);immediately before the coming into force of the repeal of that Schedulea court-martial;a statutory inquiry within the meaning of section 16(1) of the Tribunals and Inquiries Act 1992 (c. 53);an ecclesiastical court (including the Court of Faculties);

“functions” includes powers and duties;

“immigration advice” and “immigration services” have the meaning given by section 82 of the Immigration and Asylum Act 1999 (c. 33) (interpretation of Part 5) (see also subsection (4) below);

“independent trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that Act);

“manager”, in relation to a body, means (subject to subsection (5)) a person who—if the body is a body corporate whose affairs are managed by its members, is a member of the body,if the body is a body corporate and paragraph (a) does not apply, is a director of the body,if the body is a partnership, is a partner, andif the body is an unincorporated body (other than a partnership), is a member of its governing body;

“modify” includes amend, add to or revoke, and references to “modifications” are to be construed accordingly;

“non-commercial legal services” means—legal services carried on otherwise than with a view to profit;legal services carried on by a not for profit body, a community interest company or an independent trade union;

“not for profit body” means a body which, by or by virtue of its constitution or any enactment—is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes, andis prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);

“ the OFT ” means the Office of Fair Trading;

“person” includes a body of persons (corporate or unincorporate);

“reserved legal services” means services provided by a person which consist of or include reserved legal activities carried on by, or on behalf of, that person;

“solicitor” means solicitor of the Senior Courts.

(2) The services within this subsection are—

(a) any services provided by a person who is an authorised person in relation to an activity which is a reserved legal activity, and

(b) any other services provided by a person which consist of or include a legal activity carried on by, or on behalf of, that person.

(3) For the purposes of the definition of “consumers” in subsection (1)—

(a) if a person (“A”) is carrying on an activity in A's capacity as a trustee, the persons who are, have been or may be beneficiaries of the trust are to be treated as persons who use, have used or are or may be contemplating using services provided by A in A's carrying on of that activity, and

(b) a person who deals with another person (“B”) in the course of B's carrying on of an activity is to be treated as using services provided by B in carrying on that activity.

(4) The references in this Act (other than section 195) to the provision of immigration advice or immigration services are to the provision of such advice or services by a person—

(a) in England and Wales (regardless of whether the persons to whom they are provided are in England and Wales or elsewhere), and

(b) in the course of a business carried on (whether or not for profit) by the person or another person.

(5) The Lord Chancellor may by order make provision modifying the definition of “manager” in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside England and Wales.

(6) In this section “enactment” means a provision of—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

Miscellaneous and supplementary

Minor and consequential provision etc

208

(1) Schedule 21 contains minor and consequential amendments.

(2) The Lord Chancellor may by order make any supplementary, incidental or consequential provision and any transitory, transitional or saving provision which the Lord Chancellor considers necessary or expedient—

(a) for the general purposes, or any particular purpose, of this Act, or

(b) in consequence of any provision made by or under it or for giving full effect to it.

(3) An order under this section may make provision amending, repealing or revoking (with or without savings) any provision of—

(a) an Act passed before or in the same session as this Act, or

(b) an instrument made under an Act before the passing of this Act.

(4) An order under this section may make such adaptations of provisions of this Act brought into force as appear to be necessary or expedient in consequence of other provisions of this Act not yet having come into force.

(5) Provision made under this section is additional, and without prejudice, to that made by or under any other provision of this Act.

Transitional and transitory provision

209

Schedule 22 contains transitional and transitory provision.

Repeals

210

Schedule 23 contains repeals (including repeals of spent provisions).

Commencement

211

(1) This section and sections 208(2) to (5), 212 and 214 come into force on the day this Act is passed.

(2) Subject to that, the provisions of this Act come into force on such day as may be appointed by order of the Lord Chancellor.

Extent

212

(1) Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2) Sections 195 and 196(1) and Schedule 20 extend to Scotland only (and, for the purposes of those provisions, this Part also extends there).

(3) An amendment or repeal contained in this Act (and, for the purposes of such an amendment or repeal, this Part) has the same extent as the enactment or relevant part of the enactment to which the amendment or repeal relates.

Index of defined expressions

213

Schedule 24 lists the places where expressions used in this Act are defined or otherwise explained.

Short title

214

This Act may be cited as the Legal Services Act 2007.

SCHEDULE 1

Membership

1

(1) The Board is to consist of the following members—

(a) a chairman appointed by the Lord Chancellor,

(b) the Chief Executive of the Board (see paragraph 13), and

(2) In this Schedule a reference to an “ordinary member” is a reference to a member of the Board other than the Chief Executive.

(3) Before appointing an ordinary member, the Lord Chancellor must consult the Lord Chief Justice about the process for appointment of the member and about the person selected for appointment.

(4) The Lord Chancellor may by order amend sub-paragraph (1) by substituting for the limit on the maximum number of persons for the time being specified in paragraph (c) of that sub-paragraph a different limit.

2

(1) In appointing persons as ordinary members the Lord Chancellor must ensure that a majority of the members of the Board are lay persons.

(2) The chairman must be a lay person.

(3) It is a condition of the appointment of the chairman that the person appointed must not during the appointment—

(a) carry on any activity which is a reserved legal activity,

(b) carry on a regulated claims management activity (within the meaning given by section 417(1) of the Financial Services and Markets Act 2000 (definitions)), or

for or in expectation of any fee, gain or reward.

(4) In this Schedule a reference to a “lay person” is a reference to a person who has never been—

(a) an authorised person in relation to an activity which is a reserved legal activity;

(b) a person authorised, by a person designated under section 5(1) of the Compensation Act 2006, to provide services which are regulated claims management services (within the meaning of that Act);

(ba) an authorised person (within the meaning given in section 31 of the Financial Services and Markets Act 2000 (authorised persons)) in relation to regulated claims management activity (within the meaning given by section 417(1) of that Act (definitions));

(d) a solicitor in Scotland;

(e) a member of the Bar of Northern Ireland;

(f) a solicitor of the Court of Judicature of Northern Ireland.

(5) For the purposes of sub-paragraph (4), a person is deemed to have been an authorised person in relation to an activity which is a reserved legal activity if that person has before the appointed day been—

(a) a barrister;

(b) a solicitor;

(d) a licensed conveyancer;

(e) granted a certificate issued by the Institute of Legal Executives authorising the person to practise as a legal executive;

(f) a registered patent attorney, within the meaning given by section 275(1) of the Copyright, Designs and Patents Act 1988 (c. 48);

(g) a registered trade mark attorney, within the meaning of the Trade Marks Act 1994 (c. 26); or

(h) granted a right of audience or a right to conduct litigation in relation to any proceedings by virtue of section 27(2)(a) or section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) (rights of audience and rights to conduct litigation).

(6) For the purpose of sub-paragraph (5)—

“appointed day” means the day appointed for the coming into force of section 13;

“licensed conveyancer” has the meaning given by section 11(2) of the Administration of Justice Act 1985 (c. 61).

3

In appointing persons to be ordinary members, the Lord Chancellor must have regard to the desirability of securing that the Board includes members who (between them) have experience in or knowledge of—

(a) the provision of legal services;

(b) legal education and legal training;

(d) civil or criminal proceedings and the working of the courts;

(e) competition matters;

(f) the maintenance of the professional standards of persons who provide legal services;

(g) the maintenance of standards in professions other than the legal profession;

(h) the handling of complaints;

(i) commercial affairs;

(j) non-commercial legal services;

(k) the differing needs of consumers;

(l) the provision of claims management services (within the meaning of section 419A of the Financial Services and Markets Act 2000 (c. 8)).

Terms of appointment and tenure of members

4

An ordinary member is to hold and vacate office in accordance with the terms and conditions of that member's appointment (subject to this Schedule).

5

(1) An ordinary member must be appointed for a fixed period.

(2) The period for which an ordinary member is appointed must not exceed 5 years.

(3) A person who has held office as an ordinary member may be re-appointed, once only, for a further period (whether consecutive or not) not exceeding 5 years.

6

If an ordinary member who is a lay person becomes a person within paragraphs (a) to (f) of paragraph 2(4) that person ceases to be a member of the Board.

7

(1) An ordinary member may at any time—

(a) resign from office by giving notice to the Lord Chancellor;

(b) be removed from office by the Lord Chancellor.

(2) The Lord Chancellor may not under sub-paragraph (1)(b) remove an ordinary member from office unless sub-paragraph (3) or (4) applies.

(3) This sub-paragraph applies if the Lord Chancellor is satisfied that the member—

(a) has failed without reasonable excuse to discharge the functions of the office for a continuous period of at least 6 months,

(b) has been convicted of an offence,

(c) is an undischarged bankrupt or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or

(d) is otherwise unfit to hold the office or unable to discharge its functions.

(4) This sub-paragraph applies if the member is the chairman and has breached the condition imposed on his appointment by paragraph 2(3).

(5) Before removing any ordinary member under sub-paragraph (1)(b), the Lord Chancellor must consult—

(a) the Lord Chief Justice, and

(b) if the ordinary member is not the chairman, the chairman.

(6) The Lord Chancellor may not remove an ordinary member on the ground mentioned in paragraph (a) of sub-paragraph (3) more than 3 months after the end of the period mentioned in that paragraph.

8

The chairman ceases to be chairman upon ceasing to be a member of the Board.

9

Where a person ceases to be employed as Chief Executive, that person ceases to be a member of the Board.

Remuneration etc of members

10

The chairman and other ordinary members are to be paid by the Board in accordance with provision made by or under their terms of appointment.

11

The terms of appointment of the chairman or any other ordinary member may provide for the Board to pay, or make payments towards the provision of, a pension, allowance or gratuity to or in respect of that person.

12

If the Lord Chancellor thinks there are circumstances that make it right for a person ceasing to hold office as chairman or another ordinary member to receive compensation, the Board may pay that person such compensation as the Lord Chancellor may determine.

Staff

13

The Board must appoint a person as its Chief Executive.

14

The Board may appoint such other staff as it considers appropriate to assist in the performance of its functions.

15

The Chief Executive and other staff are to be—

(a) appointed on terms and conditions determined by the Board, and

(b) paid by the Board in accordance with provision made by or under the terms of appointment.

16

The terms and conditions on which the Chief Executive or any other member of staff is appointed may provide for the Board to pay, or make payments towards the provision of, a pension, allowance or gratuity to or in respect of that person.

17

The Board may pay compensation for loss of employment to or in respect of a member (or former member) of staff.

18

A member of staff appointed under paragraph 14 may be a member (but not chairman) of the Board.

Arrangements for assistance

19

(1) The Board may make arrangements with such persons as it considers appropriate for assistance to be provided to it.

(2) Arrangements may include the paying of fees to such persons.

Committees

20

(1) The Board may establish committees.

(2) Any committee so established may establish sub-committees.

(3) Only members of the Board may be members of a committee or sub-committee.

(4) A majority of the members of a committee or sub-committee must be lay persons.

Proceedings

21

(1) The Board may regulate its own procedure, and the procedure of its committees and sub-committees, including quorum.

(2) But the quorum of a committee or sub-committee must not be less than 3.

(3) The Board must publish any rules of procedure made under this paragraph.

(4) This paragraph is without prejudice to any other power the Board has under this Act to make rules.

22

The validity of any act of the Board is not affected—

(a) by a vacancy in the office of chairman or amongst the other members, or

(b) by a defect in the appointment or any disqualification of a person as chairman or another member of the Board.

Delegation of functions

23

(1) The Board may authorise—

(a) the chairman, the Chief Executive or any other member of the Board,

(b) a committee or sub-committee of the Board, or

to exercise, on behalf of the Board, such of its functions, in such circumstances, as it may determine.

(2) A committee may delegate functions (including functions delegated to the committee) to—

(a) a sub-committee,

(b) the chairman, the Chief Executive or any other member of the Board, or

(3) Sub-paragraphs (1) and (2) are subject to—

(a) any provision made by an order under section 62 by virtue of section 64(2)(k) (powers to authorise the Board to delegate to any person functions conferred on it in its capacity as an approved regulator), and

(b) section 73(3)(a) (power to delegate to any person functions conferred on the Board in its capacity as a licensing authority).

(4) Sub-paragraph (1) does not apply to any power or duty the Board has to make rules (other than excluded rules) under this Act.

(5) In sub-paragraph (4) “excluded rules” means—

(a) rules of procedure made under paragraph 21 in relation to any committee or sub-committee of the Board, and

(b) rules made by the Board in its capacity as an approved regulator or a licensing authority.

Borrowing

24

The Board is not to borrow money, except—

(a) with the consent of the Lord Chancellor, or

(b) in accordance with a general authorisation given by the Lord Chancellor.

Accounts

25

(1) The Board must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare in respect of each financial year a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Lord Chancellor, with the approval of the Treasury, as to—

(a) the information to be contained in it and the manner in which it is to be presented;

(b) the methods and principles according to which the statement is to be prepared;

(3) The Board must give a copy of each statement of accounts—

(a) to the Lord Chancellor, and

(b) to the Comptroller and Auditor General,

before the end of the month of August next following the financial year to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts which is received under sub-paragraph (3), and

(b) give a copy of the Comptroller and Auditor General's report to the Lord Chancellor.

(5) In respect of each financial year, the Lord Chancellor must lay before Parliament a document consisting of—

(a) a copy of the statement of accounts for that year, and

(b) a copy of the Comptroller and Auditor General's report on that statement.

(6) “Financial year” means—

(a) the period beginning with the day on which the Board is established and ending with the next following 31 March, and

(b) each successive period of 12 months.

Status

26

(1) The Board is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) Accordingly—

(a) the Board's property is not to be regarded as property of or held on behalf of the Crown, and

(b) the Board's staff are not to be regarded as servants or agents of the Crown or as enjoying any status, immunity or privilege of the Crown.

Application of seal and proof of instruments

27

The application of the seal of the Board is to be authenticated by the signature of any member of the Board, or of its staff, who has been authorised (whether generally or specifically) by the Board for the purpose.

28

Any contract or instrument which, if entered into or executed by an individual, would not need to be under seal may be entered into or executed on behalf of the Board by any person who has been authorised (whether generally or specifically) by the Board for the purpose.

29

A document purporting to be duly executed under the seal of the Board or signed on its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the contrary is proved.

Disqualification

30

(1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified) at the appropriate place insert— “ The Legal Services Board. ”

(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified) at the appropriate place insert— “ The Legal Services Board. ”

Freedom of information

31

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Legal Services Board. ”

Public records

32

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ The Legal Services Board. ”

Exemption from liability in damages

33

(1) This paragraph applies to—

(a) the Board,

(b) a member of the Board,

(d) a person to whom the Board (in its capacity as an approved regulator) delegates any of its functions by virtue of provision made under section 64(2)(k), and

(e) a person to whom the Board (in its capacity as a licensing authority) delegates any of its functions by virtue of section 73(3)(a).

(2) A person to whom this paragraph applies is not liable in damages for anything done or omitted in the exercise or purported exercise of the functions of the Board conferred by or by virtue of this or any other enactment.

(3) But sub-paragraph (1) does not apply—

(a) if it is shown that the act or omission was in bad faith, or

(b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42).

SCHEDULE 2

Introduction

1

This Schedule makes provision about the reserved legal activities.

2

In this Schedule “the appointed day” means the day appointed for the coming into force of section 13 (entitlement to carry on reserved legal activities).

Rights of audience

3

(1) A “right of audience” means the right to appear before and address a court, including the right to call and examine witnesses.

(2) But a “right of audience” does not include a right to appear before or address a court, or to call or examine witnesses, in relation to any particular court or in relation to particular proceedings, if immediately before the appointed day no restriction was placed on the persons entitled to exercise that right.

Conduct of litigation

4

(1) The “conduct of litigation” means—

(a) the issuing of proceedings before any court in England and Wales,

(b) the commencement, prosecution and defence of such proceedings, and

(c) the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions).

(2) But the “conduct of litigation” does not include any activity within paragraphs (a) to (c) of sub-paragraph (1), in relation to any particular court or in relation to any particular proceedings, if immediately before the appointed day no restriction was placed on the persons entitled to carry on that activity.

Reserved instrument activities

5

(1) “Reserved instrument activities” means—

(a) preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002 (c. 9);

(b) making an application or lodging a document for registration under that Act;

(c) preparing any other instrument relating to real or personal estate for the purposes of the law of England and Wales or instrument relating to court proceedings in England and Wales.

(2) But “reserved instrument activities” does not include the preparation of an instrument relating to any particular court proceedings if, immediately before the appointed day, no restriction was placed on the persons entitled to carry on that activity.

(3) In this paragraph “instrument” includes a contract for the sale or other disposition of land (except a contract to grant a short lease), but does not include—

(a) a will or other testamentary instrument,

(b) an agreement not intended to be executed as a deed, other than a contract that is included by virtue of the preceding provisions of this sub-paragraph,

(d) a transfer of stock containing no trust or limitation of the transfer.

(4) In this paragraph a “short lease” means a lease such as is referred to in section 54(2) of the Law of Property Act 1925 (c. 20) (short leases).

Probate activities

6

(1) “Probate activities” means preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales.

(2) In this paragraph “probate papers” means papers on which to found or oppose—

(a) a grant of probate, or

(b) a grant of letters of administration.

Notarial activities

7

(1) “Notarial activities” means activities which, immediately before the appointed day, were customarily carried on by virtue of enrolment as a notary in accordance with section 1 of the Public Notaries Act 1801 (c. 79).

(2) Sub-paragraph (1) does not include activities carried on—

(a) by virtue of section 22 or 23 of the Solicitors Act 1974 (c. 47) (reserved instrument activities and probate activities), or

(b) by virtue of section 113 of the Courts and Legal Services Act 1990 (c. 41) (administration of oaths).

Administration of oaths

8

The “administration of oaths” means the exercise of the powers conferred on a commissioner for oaths by—

(a) the Commissioners for Oaths Act 1889 (c. 10);

(b) the Commissioners for Oaths Act 1891 (c. 50);

SCHEDULE 3

Rights of audience

1

(1) This paragraph applies to determine whether a person is an exempt person for the purpose of exercising a right of audience before a court in relation to any proceedings (subject to paragraph 7).

(2) The person is exempt if the person—

(a) is not an authorised person in relation to that activity, but

(b) has a right of audience granted by that court in relation to those proceedings.

(3) The person is exempt if the person—

(a) is not an authorised person in relation to that activity, but

(b) has a right of audience before that court in relation to those proceedings granted by or under any enactment.

(4) The person is exempt if the person is the Attorney General or the Solicitor General and—

(a) the name of the person is on the roll kept by the Law Society under section 6 of the Solicitors Act 1974 (c. 47), or

(b) the person has been called to the Bar by an Inn of Court.

(5) The person is exempt if the person is the Advocate General for Scotland and is admitted—

(a) as a solicitor in Scotland under section 6 of the Solicitors (Scotland) Act 1980 (c. 46), or

(b) to practise as an advocate before the courts of Scotland.

(6) The person is exempt if the person—

(a) is a party to those proceedings, and

(b) would have a right of audience, in the person's capacity as such a party, if this Act had not been passed.

(7) The person is exempt if—

(a) the person is an individual whose work includes assisting in the conduct of litigation,

(b) the person is assisting in the conduct of litigation—

(i) under instructions given (either generally or in relation to the proceedings) by an individual to whom sub-paragraph (8) applies, and

(ii) under the supervision of that individual, and

(i) in the High Court or county court, or

(ii) in the family court by a judge who is not, or by two or more judges at least one of whom is not, within section 31C(1)(y) of the Matrimonial and Family Proceedings Act 1984 (lay justices).

(8) This sub-paragraph applies to—

(a) any authorised person in relation to an activity which constitutes the conduct of litigation;

(b) any person who by virtue of section 193 is not required to be entitled to carry on such an activity.

(9) The person is an exempt person in relation to the exercise of a right of audience in proceedings on an appeal from the Comptroller-General of Patents, Designs and Trade Marks to the Patents Court under the Patents Act 1977 (c. 37), if the person is a solicitor of the Court of Judicature of Northern Ireland.

(10) For the purposes of this paragraph—

“family proceedings” has the same meaning as in the Matrimonial and Family Proceedings Act 1984 (c. 42) and also includes any proceedings in the family court and any other proceedings which are family proceedings for the purposes of the Children Act 1989 (c. 41);

“reserved family proceedings” means such category of family proceedings as the Lord Chancellor may, after consulting the President of the Law Society and with the concurrence of the President of the Family Division, by order prescribe;

and any order made under section 27(9) of the Courts and Legal Services Act 1990 (c. 41) before the day appointed for the coming into force of this paragraph is to have effect on and after that day as if it were an order made under this sub-paragraph.

Conduct of litigation

2

(1) This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes the conduct of litigation in relation to any proceedings (subject to paragraph 7).

(2) The person is exempt if the person—

(a) is not an authorised person in relation to that activity, but

(b) has a right to conduct litigation granted by a court in relation to those proceedings.

(3) The person is exempt if the person—

(a) is not an authorised person in relation to that activity, but

(b) has a right to conduct litigation in relation to those proceedings granted by or under any enactment.

(4) The person is exempt if the person—

(a) is a party to those proceedings, and

(b) would have a right to conduct the litigation, in the person's capacity as such a party, if this Act had not been passed.

(5) The person is an exempt person in relation to any activity which is carried on in or in connection with proceedings on an appeal from the Comptroller-General of Patents, Designs and Trade Marks to the Patents Court under the Patents Act 1977 (c. 37), if the person is a solicitor of the Court of Judicature of Northern Ireland.

Reserved instrument activities

3

(1) This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes reserved instrument activities (subject to paragraph 7).

(2) The person is exempt if the person prepares the instruments or applications in the course of the person's duty as a public officer.

(3) The person (“E”) is exempt if—

(a) E is an individual,

(b) E carries on the activity at the direction and under the supervision of another individual (“P”),

(d) P is entitled to carry on the activity, otherwise than by virtue of sub-paragraph (10).

(4) For the purposes of sub-paragraph (3), P and E are connected if—

(a) P is E's employer,

(b) P is a fellow employee of E,

(c) P is a manager or employee of a body which is an authorised person in relation to the activity, and E is also a manager or employee of that body.

(5) If the person is an accredited person, the person is exempt to the extent that the activity consists of the preparation of any instrument—

(a) which creates, or which the person believes on reasonable grounds will create, a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995 (c. 8)), or

(b) which relates to an existing tenancy which is, or which the person believes on reasonable grounds to be, such a tenancy.

(6) In sub-paragraph (5) “accredited person” means a person who is—

(a) a Fellow of the Central Association of Agricultural Valuers, or

(b) a Member or Fellow of the Royal Institution of Chartered Surveyors.

(7) The person is exempt to the extent that the activity carried on by the person is also a reserved legal activity within sub-paragraph (8) and the person is—

(a) authorised to carry on that activity (other than under Part 5) by a relevant approved regulator in relation to the activity,

(b) authorised to carry on that activity by a licence under Part 5, or

(8) The activities are—

(a) the exercise of a right of audience;

(b) the conduct of litigation.

(9) The person is exempt if the person is employed merely to engross the instrument or application.

(10) The person is exempt if the person is an individual who carries on the activity otherwise than for, or in expectation of, any fee, gain or reward.

(11) The person is exempt if—

(a) the person is a person qualified to practise as a solicitor in Scotland in accordance with section 4 of the Solicitors (Scotland) Act 1980 (c. 46), and

(b) the reserved instrument activities fall within paragraph 5(1)(c) of Schedule 2 (preparation of certain instruments relating to real or personal property or legal proceedings).

Probate activities

4

(1) This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes probate activities (subject to paragraph 7).

(2) The person (“E”) is an exempt person if—

(a) E is an individual,

(b) E provides the probate activities at the direction and under the supervision of another individual (“P”),

(d) P is entitled to carry on the activity, otherwise than by virtue of sub-paragraph (4).

(3) For the purposes of sub-paragraph (2), P and E are connected if—

(a) P is E's employer,

(b) P is a fellow employee of E,

(c) P is a manager or employee of a body which is an authorised person in relation to the activity, and E is also a manager or employee of that body.

(4) The person is exempt if the person is an individual who carries on the activity otherwise than for, or in expectation of, any fee, gain or reward.

Notarial activities

5

(1) This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes notarial activities (subject to paragraph 7).

(2) The person is exempt if the person is not an authorised person in relation to that activity under this Act, but is authorised to carry on that activity by or by virtue of any other enactment.

(3) The person is exempt if section 14 of the Public Notaries Act 1801 (c. 79) applies to the person, and—

(a) where that section applies by virtue of the person holding or exercising an office or appointment, the person carries on the activity for ecclesiastical purposes;

(b) where that section applies by virtue of the person performing a public duty or service under government, the person carries on the activity in the course of performing that duty or service.

(4) The person is exempt if the person is an individual who carries on the notarial activities otherwise than for or in expectation of a fee, gain or reward.

Administration of oaths

6

(1) This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes the administration of oaths (subject to paragraph 7).

(2) The person is exempt if the person is not an authorised person in relation to that activity under this Act, but is authorised to carry on that activity by or by virtue of any other enactment.

(3) The person is exempt if the person has a commission under section 1(1) of the Commissioners for Oaths Act 1889 (c. 10).

European lawyers

7

A European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910) , as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020) is an exempt person for the purposes of carrying on an activity which is a reserved legal activity and which the European lawyer is entitled to carry on by virtue of that order , as it has effect by virtue of that regulation.

Employers etc acting through exempt person

8

(1) This paragraph applies where—

(a) a person (“P”) carries on an activity (“the relevant activity”) which is a reserved legal activity,

(b) P carries on the relevant activity by virtue of an employee of P (“E”) carrying it on in E's capacity as such an employee, and

(2) P is an exempt person in relation to the relevant activity to the extent that P carries on that activity by virtue of E so carrying it on.

(3) This paragraph does not apply where E—

(a) carries on the relevant activity at the direction and under the supervision of an authorised person in relation to that activity, and

(b) is exempt in relation to that activity by virtue of paragraph 1(7), 3(3) or 4(2).

(4) If P is a body, in this paragraph references to an employee of P include references to a manager of P.

Further exempt persons

9

(1) The Lord Chancellor may, by order, amend this Schedule so as to provide—

(a) for persons to be exempt persons in relation to any activity which is a reserved legal activity (including any activity which is a reserved legal activity by virtue of an order under section 24 (extension of reserved legal activities)),

(b) for persons to cease to be such persons, or

(2) The Lord Chancellor may make an order under sub-paragraph (1) only on the recommendation of the Board.

SCHEDULE 4

Part 1 — Existing regulators

1

(1) Each body listed in the first column of the Table in this paragraph is an approved regulator.

(2) Each body so listed is an approved regulator in relation to the reserved legal activities listed in relation to it in the second column of the Table.

Approved regulator	Reserved legal activities
The Law Society	The exercise of a right of audience.The conduct of litigation.Reserved instrument activities.Probate activities.The administration of oaths.
The General Council of the Bar	The exercise of a right of audience.The conduct of litigation.Reserved instrument activities.Probate activities.The administration of oaths.
The Master of the Faculties	Reserved instrument activities.Probate activities.Notarial activities.The administration of oaths.
The Institute of Legal Executives	The exercise of a right of audience.The administration of oaths.
The Council for Licensed Conveyancers	Reserved instrument activities.The administration of oaths.Probate activities.
The Chartered Institute of Patent Attorneys	The exercise of a right of audience.The conduct of litigation.Reserved instrument activities.The administration of oaths.
The Institute of Trade Mark Attorneys	The exercise of a right of audience.The conduct of litigation.Reserved instrument activities.The administration of oaths.
The Association of Law Costs Draftsmen	The exercise of a right of audience.The conduct of litigation.The administration of oaths.
The Institute of Chartered Accountants of Scotland	Probate activities.
The Association of Chartered Certified Accountants	Probate activities.

2

(1) The regulatory arrangements of a listed body, as they have effect immediately before paragraph 1 comes into force, are to be treated as having been approved by the Board for the purposes of this Act at the time that paragraph comes into force.

(2) “Listed body” means a body listed in the first column of the Table in paragraph 1 as that Table has effect at the time that paragraph comes into force.

(3) Sub-paragraph (1) is without prejudice to the Board's power to give directions under section 32 (powers to direct an approved regulator to take steps in certain circumstances, including steps to amend its regulatory arrangements).

Part 2 — Designation of bodies by order

Application to the Board

3

(1) This paragraph applies where a body wishes to authorise persons to carry on one or more activities which constitute one or more reserved legal activities.

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

(a) to recommend that an order be made by the Lord Chancellor designating the body as an approved regulator in relation to the reserved legal activity or activities in question, and

(b) to approve what the body proposes as its regulatory arrangements if such an order is made (“the proposed regulatory arrangements”).

(3) 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) a statement of the reserved legal activity or activities to which it relates,

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

(c) such explanatory material (including material about the applicant's constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule, and

(d) the prescribed fee.

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

(5) The proposed regulatory arrangements must, in particular, include—

(a) details of the authority which the applicant proposes to give persons to carry on activities which are reserved legal activities and of the nature of the persons to whom the authority is to be given,

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