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Legal Services Act 2007 (c. 29)(The document as of February, 2008) Page 32 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 (a) it is made in accordance with a recommendation made by the Legal Services Board, or (b) the Secretary of State has consulted the Legal Services Board about the making of the order. " 5 (1) Section 7 (enforcement: offence) is amended as follows. (2) In subsection (2)(b)-- (a) in sub-paragraph (i) for "51 weeks" substitute "12 months", and (b) in sub-paragraph (ii) for "level 5 on the standard scale" substitute "the statutory maximum". (3) For subsection (3) substitute-- " (3) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (2)(b)(i) to 12 months is to be read as a reference to 6 months. " 6 (1) Section 8 (enforcement: the Regulator) is amended as follows. (2) In subsection (5)-- (a) after "the Regulator" (in the second place) insert " -- (a) В В " , and (b) after "Part" insert " , and (b) to take possession of any written or electronic records found on the search for the purposes of subsection (6). " (3) After subsection (8) insert-- " (9) The Secretary of State may not make regulations under subsection (8) unless-- (a) they are made in accordance with a recommendation made by the Legal Services Board, or (b) the Secretary of State has consulted the Legal Services Board about the making of the regulations. " 7 In section 9 (regulations), after subsection (2) insert-- " (2A) The Secretary of State may not make regulations under this section unless-- (a) they are made in accordance with a recommendation made by the Legal Services Board, or (b) the Secretary of State has consulted the Legal Services Board about the making of the regulations. " 8 (1) Section 11 (pretending to be authorised etc) is amended as follows. (2) In subsection (4)(b)-- (a) in sub-paragraph (i) for "51 weeks" substitute "12 months", and (b) in sub-paragraph (ii) for "level 5 on the standard scale" substitute "the statutory maximum". (3) For subsection (6) substitute-- " (6) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(b)(i) to 12 months is to be read as a reference to 6 months. " 9 In section 13 (appeals and references to Claims Management Services Tribunal), in subsection (4) for "against" substitute "on a point of law arising from". 10 In section 14 (interpretation), in the definition of "the Regulator" for "Secretary of State" substitute "Legal Services Board". 11 (1) The Schedule (claims management regulations) is amended as follows. (2) In paragraph 5(3)(a) for ", guidance or a code given or issued" substitute "or guidance given". (3) In paragraph 7-- (a) in paragraph (e) for "Secretary of State" substitute "Legal Services Board", (b) in paragraph (g)-- (i) for "Secretary of State" substitute "Legal Services Board", and (ii) after "Fund" insert "after consultation with the Secretary of State". (4) In paragraph 8(2)(a)(ii) for "Secretary of State" substitute "Legal Services Board". (5) In paragraph 9(2)(a)(ii) for "Secretary of State" substitute "Legal Services Board". (6) In paragraph 14, in sub-paragraph (2) for "to enter" to the end substitute-- " (a) to enter and search premises on which a person conducts or is alleged to conduct regulated claims management business, for the purposes of-- (i) investigating a complaint about the activities of an authorised person, or (ii) assessing compliance with terms and conditions of an authorisation, and (b) to take possession of written or electronic records found on the search for the purposes of taking copies in accordance with regulations under sub-paragraph (3). " Section 195 SCHEDULE 20 Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5)Solicitors (Scotland) Act 1980 (c. 46)1 (1) The Solicitors (Scotland) Act 1980 is amended as follows. (2) In section 3A(5), omit paragraphs (a) and (ad). (3) In section 15(2)-- (a) in paragraph (e), for "38" substitute "62A", and (b) omit paragraph (j). (4) In section 20(2), omit ", 53A(2)(ba)". (5) In section 24C(2)-- (a) in paragraph (d), for "38" substitute "62A", and (b) omit paragraph (i). (6) In section 34, omit subsections (4), (4C) and (4D). (7) Omit sections 38, 39, 42A and 42B. (8) In section 42C-- (a) in subsection (1)-- (i) omit paragraphs (a) and (c), (ii) omit "to the solicitor or his firm or", and (iii) omit "or, where" to the end, (b) in subsection (2), in paragraphs (a) and (b) omit (in each place) "solicitor, firm or", (c) in subsection (3)-- (i) in paragraph (a), omit "the solicitor or his firm or, as the case may be,", (ii) in paragraph (b), omit "of which the solicitor" to "be,", (d) in subsection (4), omit (in each place) "38,", and (e) omit subsection (5). (9) In section 51-- (a) in subsection (2)-- (i) omit "a solicitor may have been guilty" to "Fund) or", and (ii) omit "or a solicitor" to "services", and (b) omit subsection (2A). (10) In section 52, in subsection (2)(aa) omit "42A(7) or". (11) In section 53, omit subsections (3), (10) and (11). (12) Omit sections 53A, 53B and 53C. (13) In section 54, omit subsections (1), (2B) and (2C). (14) In section 55, omit subsection (8). (15) Omit section 56A. (16) In section 62A, in subsections (1) and (2) omit (in each place) "38,". (17) In section 65-- (a) in subsection (1), omit the definition of "inadequate professional services", and (b) omit subsection (5). (18) In Part 2 of Schedule 3, in paragraph 5(1), (2) and (3) omit (in each place) "38,". (19) In Part 2 of Schedule 4-- (a) in paragraph 9(a) and (b), omit (in each place) "or, as the case may be, of provision of inadequate professional services", (b) in paragraph 16, omit sub-paragraphs (f) and (g), and (c) in paragraph 23, omit ", 42A(7)". (20) In the side-note to section 62A, omit "38,". Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)2 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit section 33. Section 208 SCHEDULE 21 Minor and consequential amendmentsPublic Notaries Act 1801 (c. 79)1 The Public Notaries Act 1801 is amended in accordance with paragraphs 2 and 3. 2 In section 1 (no person to be created to act as public notary, to do any notarial act etc unless duly admitted), omit ", or use and exercise the office of a notary, or do any notarial act,". 3 In section 14 (Act not to extend to certain persons), omit from "proctor" to "any other". Public Notaries Act 1843 (c. 90)4 The Public Notaries Act 1843 is amended in accordance with paragraphs 5 to 7. 5 After section 7 insert-- " 7A Effect of admission or grant of faculty(1) Despite any provision made by the Public Notaries Acts, a person's entitlement to carry on an activity which is a notarial activity is to be determined in accordance with the Legal Services Act 2007. (2) Nothing in the Public Notaries Acts is to be regarded, for the purposes of paragraph 5(2) of Schedule 3 to the Legal Services Act 2007 (exempt persons in relation to notarial activities) as authorising a person to carry on such an activity. (3) For this purpose--
6 In section 8 (Master of Faculties may issue commissions to take oaths)-- (a) the existing provision becomes subsection (1), and (b) after that subsection insert-- " (2) For the purposes of the Legal Services Act 2007, the issue of a commission under subsection (1) is to be treated as an authorisation to carry on the relevant activities by virtue of another enactment (see paragraph 6(2) of Schedule 3 to that Act). (3) In subsection (2), "relevant activities" means the activities authorised by the commission. " 7 Omit section 10 (offence of practising as notary without authorisation). Bills of Exchange Act 1882 (c. 61)8 The Bills of Exchange Act 1882 is amended in accordance with paragraphs 9 and 10. 9 In section 51 (noting or protest of bill), after subsection (7) insert-- " (7A) In subsection (7) "notary" includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act). " 10 In section 94 (protest when notary not accessible)-- (a) the existing provision becomes subsection (1), and (b) after that subsection insert-- " (2) In subsection (1), "notary" includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act). " Commissioners for Oaths Act 1889 (c. 10)11 The Commissioners for Oaths Act 1889 is amended in accordance with paragraphs 12 and 13. 12 In section 1(3) (powers of commissioners for oaths) omit from "in which" (in the first place) to "solicitor, or". 13 In section 6 (powers as to oaths and notarial acts abroad), after subsection (1) insert-- " (1A) In subsection (1), "notary public" includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act). " Benefices Act 1898 (c. 48)14 In section 3 of the Benefices Act 1898 (appeal against refusal of benefice)-- (a) in subsection (2) for "counsel or a solicitor" substitute "an authorised person", and (b) after that subsection insert-- " (2A) In subsection (2) "authorised person" means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise a right of audience (within the meaning of that Act). " Children and Young Persons Act 1933 (c. 12)15 The Children and Young Persons Act 1933 is amended in accordance with paragraphs 16 to 20. 16 In section 37(1) (power to clear court while child or young person giving evidence), for "counsel or solicitors" substitute "legal representatives". 17 In section 43 (admission of deposition in evidence), for "counsel or solicitor" substitute "legal representative". 18 In section 47(2)(b) (procedure in youth courts), for "solicitors and counsel" substitute "legal representatives". 19 In section 49(11) (restrictions on reports of proceedings), omit the definition of "legal representative". 20 In section 107 (interpretation), after the definition of "legal guardian" insert-- " "legal representative" means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); " . London Building Acts (Amendment) Act 1939 (c. xcvii)21 In section 115 of the London Building Acts (Amendment) Act 1939 (jurisdiction of tribunal of appeal)-- (a) in subsection (2), for "counsel solicitor" substitute "an authorised person", and (b) after that subsection insert-- " (2A) In subsection (2) "authorised person" means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act). " Accommodation Agencies Act 1953 (c. 23)22 In section 1 of the Accommodation Agencies Act 1953 (illegal commissions and advertisements)-- (a) in subsection (3), after "solicitor" insert "or an authorised person", and (b) in subsection (6), after "say:--" insert-- " "authorised person" means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act); " . Geneva Conventions Act 1957 (c. 52)23 In section 3 of the Geneva Conventions Act 1957 (legal representation of certain persons), after subsection (5) insert-- " (6) In this section--
Horserace Betting Levy Act 1969 (c. 14)24 In section 4 of the Horserace Betting Levy Act 1969 (non-renewal of bookmaker's permit)-- (a) in subsection (2), for "or a solicitor" substitute ", a solicitor or an authorised person", and (b) after that subsection insert-- " (2A) In subsection (2), "authorised person" means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). " Taxes Management Act 1970 (c. 9)25 In section 20B of the Taxes Management Act 1970 (restrictions on power to require documents)-- (a) in subsection (3), for "barrister, advocate or solicitor" (in both places) substitute "relevant lawyer", (b) in subsection (8), for "barrister, advocate or a solicitor" substitute "relevant lawyer", and (c) after subsection (14) insert-- " (15) In this section "relevant lawyer" means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege. " Powers of Attorney Act 1971 (c. 27)26 In section 3 of the Powers of Attorney Act 1971 (proof of instruments creating powers of attorney)-- (a) in subsection (1)(b) for "duly certificated notary public" substitute ", authorised person", and (b) in subsection (3) for from ""duly" to "Act and" substitute ""authorised person" means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act) and". Poisons Act 1972 (c. 66)27 In section 9(7) of the Poisons Act 1972 (right to conduct proceedings), omit "notwithstanding that he is not of counsel or a solicitor". Local Government Act 1972 (c. 70)28 In section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings), in subsection (1) for ", notwithstanding" to the end substitute "to conduct any such proceedings." Matrimonial Causes Act 1973 (c. 18)29 In section 6 of the Matrimonial Causes Act 1973 (attempts at reconciliation of parties to marriage) in subsection (1) for "solicitor" substitute "legal representative". Fair Trading Act 1973 (c. 41)30 In section 29 of the Fair Trading Act 1973 (powers of entry and seizure)-- (a) in subsection (5), for "barrister, advocate or solicitor" substitute "relevant lawyer", and (b) after subsection (5) insert-- " (6) "Relevant lawyer" means a barrister, advocate, solicitor, or other legal representative communications with whom may be the subject of a claim to privilege. " Consumer Credit Act 1974 (c. 39)31 In section 146 of the Consumer Credit Act 1974 (exceptions from section 145), after subsection (2) insert-- " (2A) An authorised person (other than a barrister or solicitor) engaging in contentious business is not to be treated as doing so in the course of any ancillary credit business. (2B) In subsection (2A)--
Sex Discrimination Act 1975 (c. 65)32 In section 77 of the Sex Discrimination Act 1975 (validity and revision of contracts), in subsection (4BB)(a) for "a barrister" (in the first place) to the end substitute "a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and". Bail Act 1976 (c. 63)33 The Bail Act 1976 is amended in accordance with paragraphs 34 and 35. 34 In section 3 (general provisions), in subsection (6)(e) for "an authorised advocate" to the end substitute "a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);". 35 In section 5 (supplementary provisions about decisions on bail)-- (a) in subsection (5), for "is represented by counsel or a solicitor unless his counsel or solicitor" substitute "has legal representation unless his legal representative", and (b) in subsection (6), for "is not represented by counsel or a solicitor" substitute "does not have legal representation". Race Relations Act 1976 (c. 74)36 The Race Relations Act 1976 is amended in accordance with paragraphs 37 to 39. 37 In section 67A (national security: procedure), in subsection (3)(a) for "have a general" to the end substitute "be a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and". 38 In section 72 (validity and revision of contracts), in subsection (4BB)(a) for "a barrister" (in the first place) to the end substitute "a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and". 39 In Schedule 1A (bodies and other persons subject to general statutory duty), in Part 2, in the entry for the Chartered Institute of Patent Agents, for "Agents" substitute "Attorneys". Patents Act 1977 (c. 37)40 In section 102 of the Patents Act 1977 (rights of audience etc in proceedings before the comptroller)-- (a) after subsection (2) insert-- " (2A) For the purposes of subsection (2), as it has effect in relation to England and Wales, "the enactment relating to the preparation of documents by persons not qualified" means section 14 of the Legal Services Act 2007 (offence to carry on a reserved legal activity if not entitled) as it applies in relation to an activity which amounts to the carrying on of reserved instrument activities within the meaning of that Act. " , and (b) for subsection (5) substitute-- " (5) Nothing in this section is to be taken to limit any entitlement to prepare deeds conferred on a registered patent attorney by virtue of the Legal Services Act 2007. " Estate Agents Act 1979 (c. 38)41 In section 11 of the Estate Agents Act 1979 (powers of entry and inspection)-- (a) in subsection (8), for "counsel or solicitor" substitute "a relevant lawyer", and (b) after that subsection insert-- " (9) For the purposes of subsection (8) "relevant lawyer" means counsel, a solicitor or other legal representative communications with whom may be the subject of a claim to privilege. " Magistrates' Courts Act 1980 (c. 43)42 The Magistrates' Courts Act 1980 is amended in accordance with paragraphs 43 and 44. 43 In section 144 (rule committee and rules of procedure)-- (a) in subsection (3)(c), for from "granted" to "right" substitute "authorised by a relevant approved regulator", and (b) after subsection (3) insert-- " (3A) In this section "relevant approved regulator" is to be construed in accordance with section 20(3) of the Legal Services Act 2007. " 44 In section 150 (interpretation), in subsection (1), in the definition of "legal representative" for "an authorised advocate" to the end substitute "a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);". Supreme Court Act 1981 (c. 54)45 The Supreme Court Act 1981 is amended in accordance with paragraphs 46 and 47. 46 In section 86 (Crown Court Rule Committee)-- (a) in subsection (1)(g), for from "granted" to "right" substitute "authorised by a relevant approved regulator", and (b) after subsection (6) insert-- " (7) In this section "relevant approved regulator" is to be construed in accordance with section 20(3) of the Legal Services Act 2007. " 47 In section 90(3B) (conduct of proceedings by Official Solicitor) for "section 28(2)(a) of the Courts and Legal Services Act 1990" substitute "the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act)". Representation of the People Act 1983 (c. 2)48 The Representation of the People Act 1983 is amended in accordance with paragraphs 49 to 52. 49 In section 86 (authorised excuses for failures as to return and declarations)-- (a) in subsection (1A), for "or solicitor" substitute ", solicitor or authorised person", and (b) after that subsection insert-- " (1B) In subsection (1A) "authorised person" means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act). " 50 In section 156 (costs of trying election petition)-- (a) in subsection (5), for "or solicitor" substitute ", a solicitor or an authorised person", and (b) after that subsection insert-- " (5A) In subsection (5) "authorised person" means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act). " 51 In section 162 (member of legal and certain other professions)-- (a) the existing provision becomes subsection (1), (b) in that subsection-- (i) after "solicitor" insert ", authorised person", and (ii) for "or tribunal" (in both places) substitute ", tribunal or other body", and (c) after that subsection insert-- " (2) In subsection (1) "authorised person" means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act). " 52 In section 181 (Director of Public Prosecutions)-- (a) in subsection (3), for "or solicitor" substitute ", solicitor or authorised person", and (b) after that subsection insert-- " (3A) In subsection (3) "authorised person" means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act). " Mental Health Act 1983 (c. 20)53 The Mental Health Act 1983 is amended in accordance with paragraphs 54 to 60. 54 In section 35 (remand to hospital for report on accused's mental condition), in subsection (6) for "counsel or a solicitor and his counsel or solicitor" substitute "an authorised person who". 55 In section 36 (removal of accused person to hospital for treatment), in subsection (5) for "counsel or a solicitor and his counsel or solicitor" substitute "an authorised person who". 56 In section 38 (interim hospital orders), in subsection (2) for "counsel or a solicitor and his counsel or solicitor" substitute "an authorised person who". 57 In section 52 (further provisions as to persons remanded by magistrates' courts), in subsection (7)(b) for "counsel or a solicitor" substitute "an authorised person". 58 In section 54 (requirements as to medical evidence), in subsection (3)(a)-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 -- Back --
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