Legal Services Act 2007 (c. 29)

(The document as of February, 2008)

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(b)

a body corporate all the directors of which are registered patent attorneys,

(c)

a partnership or body corporate which satisfies the conditions prescribed under section 279 of the Copyright, Designs and Patents Act 1988 (c. 48), or

(d)

a body corporate to which section 276(4) of that Act applies;

"registered patent attorney" has the meaning given by section 275(2) of that Act;

and, in the case of a patent attorney body to which section 276(4) of that Act applies, the reference in sub-paragraph (4)(b) to a director includes a reference to the manager (within the meaning of section 276(4) of that Act) of the company.

15 (1) During the transitional period registered patent attorneys are to continue to have the rights conferred by section 102A(2) of the Patents Act 1977 (c. 37) and section 292 of the Copyright, Designs and Patents Act 1988 (c. 48).

(2) In this paragraph "registered patent attorney" has the same meaning as in paragraph 14.

Trade mark attorneys

16 (1) During the transitional period, every registered trade mark attorney is deemed to be authorised by the Institute of Trade Mark Attorneys to carry on reserved instrument activities.

(2) During that period, every authorised trade mark attorney is deemed to be authorised by the Institute of Trade Mark Attorneys to administer oaths.

(3) During that period, every trade mark attorney body is deemed to be authorised by the Institute of Trade Mark Attorneys to carry on the activities in sub-paragraph (4).

(4) Those activities are any activities which are reserved legal activities within sub-paragraph (5) and which--

(a) if the body is a partnership, any partner who is a registered trade mark attorney is authorised to carry on, or

(b) if the body is a body corporate, any director who is a registered trade mark attorney is authorised to carry on.

(5) Those activities are--

(a) the exercise of a right of audience;

(b) the conduct of litigation;

(d) the administration of oaths.

(6) The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in accordance with and subject to the regulatory arrangements of the Institute of Trade Mark Attorneys.

(7) In this paragraph--

"authorised trade mark attorney" means a registered trade mark attorney who is authorised by the Institute of Trade Mark Attorneys to carry on one or both of the following activities--
(a)
the exercise of a right of audience;
(b)
the conduct of litigation;
"trade mark attorney body" means--
(a)
a partnership all the partners of which are registered trade mark attorneys,
(b)
a body corporate all the directors of which are registered trade mark attorneys, or
(c)
a partnership or body corporate which satisfies the conditions prescribed under section 85 of the Trade Marks Act 1994 (c. 26);
"registered trade mark attorney" has the same meaning as in the Trade Marks Act 1994.

Law costs draftsmen

17 (1) During the transitional period, every authorised member of the Association of Law Costs Draftsmen is deemed to be authorised by that Association to administer oaths.

(2) In this paragraph, "authorised member of the Association of Law Costs Draftsmen" means a member of that Association who has been authorised by that Association to carry on one or both of the following activities--

(a) the exercise of a right of audience;

(b) the conduct of litigation.

(3) The authority conferred by sub-paragraph (1) is exercisable in accordance with and subject to the regulatory arrangements of the Association of Law Costs Draftsmen.

18 (1) During the transitional period, a person ("P") is an exempt person in relation to the carrying on of an activity ("the relevant activity") which is a reserved legal activity within sub-paragraph (2), if--

(a) 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

(b) E is an authorised member of the Association of Law Costs Draftsmen (within the meaning of paragraph 17(2) of this Schedule).

(2) The reserved legal activities mentioned in sub-paragraph (1) are--

(a) the exercise of a right of audience;

(b) the conduct of litigation;

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

Part 3 Interpretation

19 In this Schedule--

"the appointed day" means the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity);
"conveyancing licence" has the meaning given by paragraph 2.

Sections 24 and 26

SCHEDULE 6 Alteration of reserved legal activities

Introductory

1 In this Schedule, in relation to an activity--

"section 24 investigation" means an investigation held with a view to determining whether or not the Board should make a recommendation in respect of the activity for the purposes of section 24 (recommendations and orders to extend the reserved legal activities);
"section 26 investigation" means an investigation held with a view to determining whether or not the Board should make a recommendation in respect of the activity for the purposes of section 26 (recommendations that an activity should cease to be a reserved legal activity).

Requests for Board to hold a full investigation

2 (1) A person may--

(a) request the Board to hold a section 24 investigation in respect of an activity, or

(b) request the Board to hold a section 26 investigation in respect of an activity.

(2) A request under sub-paragraph (1) must be in writing and specify the activity to which it relates.

(3) In the case of a request for a section 24 investigation, the activity in respect of which the request is made must be a legal activity.

Board's duty to hold preliminary inquiries in certain cases

3 (1) This paragraph applies where the Board receives a request under paragraph 2, in respect of an activity, from--

(a) the Lord Chancellor,

(b) the OFT,

(d) the Lord Chief Justice.

(2) The Board must--

(a) carry out such inquiries as it considers appropriate to enable it to determine whether it is appropriate to hold a section 24 investigation or, as the case may be, a section 26 investigation in respect of the activity, and

(b) make that determination within the preliminary inquiry period.

(3) "The preliminary inquiry period" means the period of 3 months beginning with the day on which the request under paragraph 2 was received by the Board.

(4) The Board may, before the end of the preliminary inquiry period in relation to a request, issue a notice extending that period by a period specified in the notice.

(5) More than one notice may be issued under sub-paragraph (4), but the total preliminary inquiry period must not exceed 4 months.

(6) A notice under sub-paragraph (4) must state the Board's reasons for extending the preliminary inquiry period.

(7) The Board must publish a notice issued under sub-paragraph (4).

Board's power to hold preliminary inquiries in other cases

4 (1) The Board may--

(a) where it receives a request under paragraph 2 to which paragraph 3 does not apply, or

(b) in any other case where it considers it appropriate to do so,

carry out such inquiries as it considers appropriate to enable it to determine whether it is appropriate to hold a section 24 investigation or a section 26 investigation in respect of an activity.

(2) In the case of a section 24 investigation, that activity must be a legal activity.

Advice

5 (1) Before determining whether it is appropriate to hold a section 24 investigation or a section 26 investigation in respect of an activity, the Board may seek the advice of one or both of the following bodies--

(a) the OFT;

(b) the Consumer Panel.

(2) The OFT or the Consumer Panel must, if its advice is sought, give the Board such advice as it thinks fit, within such reasonable period as the Board may specify.

(3) In deciding what advice to give--

(a) the OFT must, in particular, consider whether making an order under section 24 or (as the case may be) provision in accordance with a recommendation under section 26, in respect of the activity would (or would be likely to) prevent, restrict or distort competition within the market for reserved legal services to any significant extent, and

(b) the Consumer Panel must have regard to the likely impact which making that order or (as the case may be) provision would have on consumers.

(4) The OFT or the Consumer Panel may, for the purposes of giving advice under this paragraph, request any person to provide it with such information as may be specified by it.

6 (1) Before determining whether it is appropriate to hold a section 24 investigation or a section 26 investigation in respect of an activity the Board may also seek the advice of the Lord Chief Justice.

(2) If the Board has sought advice under paragraph 5, the Board may not seek advice from the Lord Chief Justice until--

(a) the period for giving advice under paragraph 5 has ended, and

(b) it has given the Lord Chief Justice a copy of any advice duly given under that paragraph.

(3) If advice is sought under sub-paragraph (1), the Lord Chief Justice--

(a) must give the Board such advice as the Lord Chief Justice thinks fit, within such reasonable period as may be specified by the Board, and

(b) may, for the purposes of giving that advice, request any person to provide the Lord Chief Justice with such information as may be specified by the Lord Chief Justice.

(4) In deciding what advice to give, the Lord Chief Justice must, in particular, have regard to the likely impact on the courts in England and Wales of the making of an order under section 24 or (as the case may be) provision in accordance with a recommendation under section 26, in respect of the activity in question.

7 (1) The Board must consider, and publish, any advice given under paragraph 5 or 6.

(2) Nothing in this paragraph operates to prevent a person who gives such advice from publishing it.

Restrictions on refusing a paragraph 2 request

8 (1) This paragraph applies where--

(a) a request has been made under paragraph 2, and

(b) paragraph 3 applies to that request.

(2) The Board may refuse the request only if--

(a) the consultation requirements are satisfied, and

(b) either the consent requirement is satisfied or the request was made by the Lord Chancellor.

(3) The consultation requirements are--

(a) that the Board has consulted the OFT, the Consumer Panel and the Lord Chief Justice under paragraphs 5 and 6, and

(b) that--

(i) the Board has obtained advice from the OFT and the Consumer Panel or the period within which that advice is required to be given has expired, and

(ii) the Board has obtained advice from the Lord Chief Justice or the period within which that advice is required to be given has expired.

(4) The consent requirement is that--

(a) the Board has given the Lord Chancellor a copy of any advice given under paragraph 5 or 6, and

(b) the Lord Chancellor has consented to the Board's refusal of the request.

Decision to hold investigation

9 (1) This paragraph applies where the Board has decided, following inquiries under paragraph 3 or 4, to hold a section 24 investigation or a section 26 investigation in respect of an activity.

(2) The Board must, as soon as reasonably practicable, give notice of its decision to--

(a) the Lord Chancellor,

(b) the OFT,

(d) the Lord Chief Justice,

and publish the notice.

(3) The notice must--

(a) state the Board's reasons for its decision to hold the investigation, and

(b) contain a description (in general terms) of the procedure set out in paragraphs 10 to 17 and in rules under this Schedule, including any relevant time limits.

Duty to investigate and produce a provisional report within the investigation period

10 (1) This paragraph applies where the Board has given notice under paragraph 9(2) of--

(a) a decision to hold a section 24 investigation, or

(b) a decision to hold a section 26 investigation,

in respect of an activity.

(2) The Board must within the investigation period--

(a) carry out such investigations as it considers appropriate for the purposes of enabling it to produce a provisional report in respect of the activity, and

(b) produce and publish such a report.

(3) A provisional report is a report stating--

(a) in a case within sub-paragraph (1)(a), whether or not the Board is minded to make a recommendation for the purposes of section 24 (recommendation that activity should become a reserved legal activity);

(b) in a case within sub-paragraph (1)(b), whether or not the Board is minded to make a recommendation for the purposes of section 26 (recommendation that activity should cease to be a reserved legal activity).

(4) A provisional report must also state the Board's reasons for it being, or not being, minded to make the recommendation in question.

"The investigation period"

11 (1) "The investigation period" means the period of 12 months beginning with the day on which the notice was given under paragraph 9(2).

(2) The Board may, before the end of the investigation period, issue a notice extending that period by a period specified in the notice.

(3) More than one notice may be issued under sub-paragraph (2) but the total investigation period must not exceed 16 months.

(4) The Board may issue a notice under sub-paragraph (2) only after it has consulted--

(a) the OFT,

(b) the Consumer Panel, and

(5) A notice under sub-paragraph (2) must state the Board's reasons for extending the investigation period.

(6) The Board must publish any notice issued under sub-paragraph (2).

Supplementary provisions about the investigation

12 (1) This paragraph applies for the purposes of investigations under paragraph 10(2)(a).

(2) The Board may make rules governing the making of oral and written representations, and the giving of oral and written evidence, to the Board.

(3) Rules under sub-paragraph (2) may (among other things) include--

(a) provision about the time and place at which any oral evidence is to be given or oral representations are to be heard;

(b) provision about the period within which any written evidence is to be given or written representations are to be made.

(4) In relation to each investigation, the Board must determine if, and to what extent--

(a) oral evidence or representations should be heard, and

(b) written evidence or representations should be received.

(5) The Board must, so far as is reasonably practicable, consider any written or oral representations duly made under this paragraph.

Consideration of the provisional report

13 (1) The Board may make rules governing the making to the Board of oral and written representations in respect of provisional reports.

(2) Rules under sub-paragraph (1) may (among other things) include--

(a) provision about the time and place at which any oral representations are to be heard;

(b) provision about the period within which any written representations are to be made.

(3) The Board must exercise the power conferred by sub-paragraph (1) to make provision--

(a) enabling written representations and, so far as is reasonably practicable, oral representations to be made by affected practitioners, and

(b) enabling written or oral representations to be made by bodies which represent affected practitioners.

(4) An "affected practitioner" is a person carrying on the activity in respect of which the investigation is being held.

14 (1) For the purpose of making a decision under paragraph 16(1)(a) or (b), the Board must, after publication of a provisional report, determine if and to what extent further evidence should be heard or received.

(2) The Board may make rules governing the giving of such evidence.

(3) Rules under sub-paragraph (2) may (among other things) include--

(a) provision about the time and place at which any oral evidence is to be given;

(b) provision about the period within which any written evidence is to be given.

15 The Board must, so far as is reasonably practicable, consider--

(a) any written or oral representations made in accordance with rules to which paragraph 13(3) applies, and

(b) any other representations made in accordance with rules under paragraph 13(1), and any written or oral evidence given in accordance with rules under paragraph 14(2), which the Board considers relevant.

Duty to prepare final report within the final reporting period

16 (1) After complying with paragraph 15, the Board must decide--

(a) in the case of a section 24 investigation, whether or not to make a recommendation for the purposes of that section, and

(b) in the case of a section 26 investigation, whether or not to make a recommendation for the purposes of that section.

(2) The Board must prepare a report ("the final report") which sets out--

(a) its decision and the reasons for it,

(b) where it decides to make a recommendation for the purposes of section 24 or 26, that recommendation, and

(c) where it decides to make a recommendation for the purposes of section 24, a statement of the provision which, in the Board's opinion, will need to be made by virtue of section 204(3) or in an order under section 208 (power to make consequential provision, transitional provision etc) if an order is made under section 24 in accordance with that recommendation.

(3) The Board must--

(a) give a copy of the final report to the Lord Chancellor, and

(b) publish that report.

(4) The Board must comply with the obligations imposed by this paragraph within the final reporting period.

"The final reporting period"

17 (1) "The final reporting period" means the period of 3 months beginning with the date on which the provisional report was published under paragraph 10(2).

(2) The Board may, before the end of the final reporting period, issue a notice extending that period by a period specified in the notice.

(3) More than one notice may be issued under sub-paragraph (2), but the total final reporting period must not exceed 5 months.

(4) The Board may issue a notice under sub-paragraph (2) only after it has consulted--

(a) the OFT,

(b) the Consumer Panel, and

(5) A notice under sub-paragraph (2) must state the Board's reasons for extending the final reporting period.

(6) The Board must publish a notice issued under sub-paragraph (2).

Costs

18 The Board may pay such costs of a person as the Board considers reasonable for the purpose of facilitating the giving of oral evidence or the making of oral representations, by or on behalf of that person, in accordance with rules made under this Schedule.

Section 33

SCHEDULE 7 Directions: procedure

Introductory

1 This Schedule applies where the Board proposes giving a direction to an approved regulator under section 32.

Notification of the approved regulator

2 (1) The Board must give the approved regulator a notice ("a warning notice") accompanied by a copy of the proposed direction.

(2) The warning notice must--

(a) state that the Board proposes to give the approved regulator a direction in the form of the accompanying draft,

(b) specify why the Board is satisfied as mentioned in section 32(1) and (2), and

(3) The period specified under sub-paragraph (2)(c)--

(a) must begin with the date on which the warning notice is given to the approved regulator, and

(b) must not be less than 14 days.

(4) The approved regulator may make to the Board--

(a) written representations, and

(b) if the Board authorises it to do so, oral representations,

about the proposed direction.

(5) The Board must make rules governing the making of oral and written representations.

(6) The Board must consider any representations duly made by the approved regulator.

(7) Where oral representations are duly made, the Board must prepare a report of those representations.

(8) Before preparing that report, the Board must--

(a) give the approved regulator a reasonable opportunity to comment on a draft of the report, and

(b) have regard to any comments duly made.

Board's duty to seek advice

3 (1) After complying with paragraph 2, the Board must give each of the persons listed in sub-paragraph (2)--

(a) a copy of the warning notice and the accompanying draft direction,

(b) a copy of any written representations duly made under paragraph 2 and a copy of the report (if any) prepared under that paragraph, and

(2) Those persons are--

(a) the Lord Chancellor,

(b) the OFT,

(d) the Lord Chief Justice, and

(e) such other persons as the Board considers it reasonable to consult in respect of the proposed direction.

(3) In this Schedule, in relation to a proposed direction, "selected consultee" means a person within sub-paragraph (2)(e).

Advice of the Lord Chancellor

4 The Lord Chancellor must give the Board such advice as the Lord Chancellor thinks fit in respect of the proposed direction.

Advice of Office of Fair Trading

5 (1) The OFT must give the Board such advice as it thinks fit regarding whether the proposed direction should be given.

(2) In deciding what advice to give, the OFT must, in particular, have regard to whether giving the proposed direction would (or would be likely to) prevent, restrict or distort competition within the market for reserved legal services to any significant extent.

Advice of the Consumer Panel

6 (1) The Consumer Panel must give the Board such advice as it thinks fit regarding whether the proposed direction should be given.

(2) In deciding what advice to give, the Consumer Panel must, in particular, have regard to the likely impact of the proposed direction on consumers.

Advice of selected consultees

7 A selected consultee may give the Board such advice as the selected consultee thinks fit in respect of the proposed direction.

Advice of the Lord Chief Justice

8 (1) The Board must give the Lord Chief Justice--

(a) a copy of any advice duly given under paragraphs 4 to 7, and

(b) a notice specifying a period within which any advice under this paragraph must be given.

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