Legal Services Act 2007 (c. 29)

(The document as of February, 2008)

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" 1 In this Schedule "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 a reserved instrument activity (within the meaning of that Act). " ,

(b) in paragraph 3(3) for "solicitor" substitute "legal representative", and

Civil Procedure Act 1997 (c. 12)

122 In section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee)--

(a) in subsection (2), in paragraph (f) for from "granted" to "right" substitute "authorised by a relevant approved regulator", and

(b) after that subsection insert--

" (2A) In subsection (2)(f) "relevant approved regulator" is to be construed in accordance with section 20(3) of the Legal Services Act 2007. "

Sexual Offences (Protected Material) Act 1997 (c. 39)

123 In section 2 of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in subsection (1) in the definition of "legal representative" for "any authorised advocate" to "Act 1990)" 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 who is".

National Minimum Wage Act 1998 (c. 39)

124 The National Minimum Wage Act 1998 is amended in accordance with paragraphs 125 and 126.

125 In section 33 (proceedings for offences)--

(a) in subsection (1) omit paragraph (a), and

(b) after that subsection insert--

" (1A) The persons who may conduct proceedings for an offence under this Act in England and Wales, before a magistrates' court, shall include any person authorised for the purpose by the Secretary of State. "

126 In section 49 (restrictions on contracting out) for subsection (7)(a) substitute--

" (a) as regards England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); " .

Access to Justice Act 1999 (c. 22)

127 The Access to Justice Act 1999 is amended in accordance with paragraphs 128 to 131.

128 In section 16(4) (code of conduct) after "consult" insert "the Legal Services Board,".

129 In section 44 (barristers employed by solicitors)--

(a) in subsection (1)--

(i) omit "is employed by",

(ii) for paragraphs (a) and (b) substitute--

" (a) is employed by an authorised person, or

(b) is a manager of such a person, " , and

(iii) for "his employer" substitute "the authorised person of which the barrister is an employee or a manager",

(b) in subsection (2) after "employees" insert "or managers of an authorised person", and

" (3) In this section--

"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 is a reserved legal activity (within the meaning of that Act), and
"manager" has the same meaning as in that Act (see section 207 of that Act). "

130 In section 45 (fees on application for appointment as Queen's Counsel), in subsections (1) and (2) for "Secretary of State" (in each place) substitute "Lord Chancellor".

131 In section 46 (Bar practising certificates)--

(a) omit subsection (2)(b) and the "but" immediately preceding it, and

(b) omit subsections (3) to (6).

Youth Justice and Criminal Evidence Act 1999 (c. 23)

132 In section 63 of the Youth Justice and Criminal Evidence Act 1999 (general interpretation etc of Part 2), in subsection (1), in the definition of "legal representative" for "any 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);".

Criminal Justice and Court Services Act 2000 (c. 43)

133 In section 15 of the Criminal Justice and Court Services Act 2000 (right to conduct litigation and right of audience)--

(a) in subsection (2) 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 that activity", and

(b) in subsection (3) for "section 27(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 that activity".

Finance Act 2002 (c. 23)

134 The Finance Act 2002 is amended in accordance with paragraphs 135 and 136.

135 In Schedule 34 (stamp duty: withdrawal of group relief: supplementary provisions), in paragraph 10--

(a) in sub-paragraph (2) for "A barrister or solicitor" substitute "A relevant lawyer", and

(b) after that sub-paragraph insert--

" (2A) "Relevant lawyer" means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege. "

136 In Schedule 35 (stamp duty: withdrawal of relief for company acquisitions: supplementary provisions), in paragraph 11--

(a) in sub-paragraph (2) for "A barrister or solicitor" substitute "A relevant lawyer", and

(b) after that sub-paragraph insert--

" (2A) "Relevant lawyer" means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege. "

Income Tax (Earnings and Pensions) Act 2003 (c. 1)

137 In section 343 of the Income Tax (Earnings and Pensions) Act 2003 (deduction for professional membership fees), in the table in subsection (2)--

(a) for "patent agent" and "patent agents" (in each place) substitute "patent attorney" and "patent attorneys" respectively, and

(b) for "trade mark agent" and "trade mark agents" (in each place) substitute "trade mark attorney" and "trade mark attorneys" respectively.

Finance Act 2003 (c. 14)

138 In Schedule 13 to the Finance Act 2003 (stamp duty land tax: information powers)--

(a) in paragraph 22, in sub-paragraphs (1) and (2), for "barrister, advocate or solicitor" substitute "relevant lawyer",

(b) after sub-paragraph (2) of that paragraph insert--

" (3) "Relevant lawyer" means a barrister, advocate, solicitor or other professional legal adviser communications with whom may be the subject of a claim to legal privilege.

(4) "Legal privilege" here has the same meaning as in paragraph 35 of this Schedule. " , and

(c) in paragraph 25 for "barrister, advocate or solicitor" substitute "relevant lawyer (within the meaning of paragraph 22(3))".

Licensing Act 2003 (c. 17)

139 The Licensing Act 2003 is amended in accordance with paragraphs 140 and 141.

140 In section 58 (meaning of "certified copy" in section 57 of that Act), after subsection (3) insert--

" (4) In this section "notary" 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). "

141 In section 95 (meaning of "certified copy" in section 94 of that Act), after subsection (3) insert--

Courts Act 2003 (c. 39)

142 The Courts Act 2003 is amended in accordance with paragraphs 143 and 144.

143 In section 70 (Criminal Procedure Rule Committee)--

(a) in subsection (2), in paragraph (i)(i) for from "granted" to "right" substitute "authorised by a relevant approved regulator", and

(b) after that subsection insert--

" (2A) In subsection (2)(i)(i) "relevant approved regulator" is to be construed in accordance with section 20(3) of the Legal Services Act 2007. "

144 (1) Section 77 (Family Procedure Rule Committee) is amended as follows.

(2) In subsection (2)--

(a) in paragraph (k) for from "granted" to "right" substitute "authorised by a relevant approved regulator",

(b) in paragraph (l) for "granted that right" substitute "authorised", and

(3) For subsection (5)(b) substitute--

" (b) is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both). "

(4) After subsection (7) insert--

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

Criminal Justice Act 2003 (c. 44)

145 The Criminal Justice Act 2003 is amended in accordance with paragraphs 146 to 148.

146 In section 56 (interpretation of Part 8), 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),".

147 In section 159 (disclosure of pre-sentence reports etc), in subsection (2)(a) for "counsel or solicitor" substitute "legal representative".

148 In section 160 (other reports of local probation boards and members of youth offending teams) in subsection (2)(a) for "counsel or solicitor" substitute "legal representative".

Children Act 2004 (c. 31)

149 In section 37 of the Children Act 2004 (Welsh family proceedings officers)--

(a) in subsection (2) for "section 28(2)(a) of the Courts and Legal Services Act 1990 (c 41)" 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 that activity", and

Civil Partnership Act 2004 (c. 33)

150 In section 42 of the Civil Partnership Act 2004 (attempts at reconciliation of civil partners) in subsection (2) for "solicitor" substitute "legal representative".

Public Services Ombudsman (Wales) Act 2005 (c. 10)

151 In section 13 of the Public Services Ombudsman (Wales) Act 2005 (investigations by Ombudsman)--

(a) in subsection (4)(b), for "counsel, solicitor" substitute "an authorised person", and

(b) after subsection (4) insert--

" (4A) In subsection (4) "authorised person" means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). "

Equality Act 2006 (c. 3)

152 In Schedule 2 to the Equality Act 2006 (representations to Commission in relation to inquiry etc.), in paragraph 8--

(a) in sub-paragraph (2)(b), for "a barrister, an advocate or a solicitor" substitute "a relevant lawyer", and

(b) after sub-paragraph (2) insert--

" (2A) "Relevant lawyer" means--

(a) an advocate or solicitor in Scotland, or

(b) 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). "

Natural Environment and Rural Communities Act 2006 (c. 16)

153 In section 12(2) of the Natural Environment and Rural Communities Act 2006 (power to bring criminal proceedings) omit "even though he is not a barrister or solicitor".

National Health Service Act 2006 (c. 41)

154 In section 194(4) of the National Health Service Act 2006 (conduct of proceedings under section 194) omit ", although he is not a barrister or solicitor,".

National Health Service (Wales) Act 2006 (c. 42)

155 In section 142(4) of the National Health Service (Wales) Act 2006 (conduct of proceedings under section 142) omit ", although he is not a barrister or solicitor,"."

Companies Act 2006 (c. 46)

156 In Schedule 2 to the Companies Act 2006 (exceptions from restrictions on disclosure), in paragraph 67--

(a) for "solicitor, barrister, advocate" substitute "relevant lawyer", and

(b) for ""Foreign lawyer"" to the end substitute-- " In this paragraph--

"foreign lawyer" means a person (other than a relevant lawyer) who is a foreign lawyer within the meaning of section 89(9) of the Courts and Legal Services Act 1990;

"relevant lawyer" means--

(a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act),

(b) a solicitor or barrister in Northern Ireland, or

Income Tax Act 2007 (c. 3)

157 The Income Tax Act 2007 is amended in accordance with paragraphs 158 to 161.

158 In section 748 (power to obtain information)--

(a) in subsection (4) for "solicitor" substitute "relevant lawyer",

(b) after that subsection insert--

" (4A) 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 or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication. " , and

159 In section 749 (restrictions on particulars to be provided by solicitors)--

(a) in the heading for "solicitors" substitute "relevant lawyers",

(b) for "solicitor" (in each place) substitute "relevant lawyer", and

" (7) 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 or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication;
"settlement" and "settlor" have the meanings given by section 620 of ITTOIA 2005. "

160 In section 771 (power to obtain information)--

(a) in subsections (5) and (6) for "solicitor" (in each place) substitute "relevant lawyer", and

(b) after subsection (6) insert--

" (7) 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 or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication. "

161 In section 788 (power to obtain information)--

(a) in subsections (5) and (6) for "solicitor" (in each place) substitute "relevant lawyer", and

(b) after subsection (6) insert--

Tribunals, Courts and Enforcement Act 2007 (c. 15)

162 (1) Section 51 of the Tribunals, Courts and Enforcement Act 2007 (meaning of "relevant qualification") is amended as follows.

(2) In subsection (2), for from "awarded" to the end substitute "awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act)."

(3) In subsection (4)--

(a) in paragraph (b), for "(2)(b)" substitute "(2)",

(b) in paragraph (c), for from "the body" to "of that Act" substitute " , for the purposes of the Legal Services Act 2007, the body--

(i) is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and

(ii) is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act), " , and

(c) for from "paragraph 33(1)" to the end substitute "section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator)."

Section 209

SCHEDULE 22 Transitional and transitory provision

Transitory power to modify the functions of bodies

1 (1) Paragraphs 2 to 4 have effect until such time as the Board is first constituted in accordance with paragraph 1 of Schedule 1.

(2) Where an order under paragraph 2 has effect immediately before that time, it is to be treated from that time as if it were an order made by the Lord Chancellor under section 69 (and in accordance with that section and section 70).

(3) Where that order is made by virtue of paragraph 4, the reference in sub-paragraph (2) to section 69 is a reference to that section as modified by section 180.

2 (1) The Lord Chancellor may by order modify, or make any other provision relating to, the functions of a designated regulator or any other body.

(2) For this purpose "designated regulator" means--

(a) The Law Society;

(b) The General Council of the Bar;

(d) The Institute of Legal Executives;

(e) The Council for Licensed Conveyancers;

(f) The Chartered Institute of Patent Attorneys;

(g) The Institute of Trade Mark Attorneys;

(h) The Association of Law Costs Draftsmen;

(i) any other body which is a body to which sub-paragraph (3) applies.

(3) This sub-paragraph applies to--

(a) a body designated as an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990 (c. 41) (rights of audience and rights to conduct litigation);

(b) a body approved under Schedule 9 to that Act (approval of body to grant exemption from prohibition on preparation of probate papers etc);

(4) The Lord Chancellor may make an order under sub-paragraph (1) only if--

(a) the body to which the order relates has made a recommendation under this paragraph to which was annexed a draft order, and

(b) the body to which the order relates consents to the order which is made.

(5) The Lord Chancellor may make an order under this paragraph only for the purpose of enabling the body to which it relates to do one or more of the following--

(a) to become a body within sub-paragraph (3);

(b) to grant its members rights for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990, to exempt its members for the purposes of section 55 of that Act or to authorise its members for the purposes of section 113 of that Act;

(d) if it is or becomes a designated regulator, to expand the categories of persons who are eligible to be members of the body;

(e) to do any of the things mentioned in paragraphs (a) to (e) of section 69(3) at a time after paragraph 1 of Schedule 4 comes into force.

(6) An order under this paragraph may make provision in relation to the body to which the order relates, and members of that body, corresponding to the provision which by virtue of subsection (4) or (5) of section 69 may be made by an order under that section in relation to an approved regulator and persons authorised by that regulator to carry on reserved legal activities or to provide immigration advice or immigration services.

(7) Any provision made by an order under this paragraph may be expressed to be conditional upon--

(a) the coming into force of paragraph 1 of Schedule 4;

(b) the body to which the order relates being designated by an order under Part 2 of that Schedule as an approved regulator, or by an order under Part 1 of Schedule 10 as a licensing authority, in relation to one or more reserved legal activities specified in the order;

(c) the body to which the order relates becoming a designated qualifying regulator under section 86A of the Immigration and Asylum Act 1999 (c. 33).

(8) An order under this paragraph may modify provisions made by or under any enactment (including this Act or any Act passed after this Act), prerogative instrument or other instrument or document.

(9) The powers to make an order conferred by this paragraph are without prejudice to any powers (statutory or non-statutory) which a designated regulator or other body may have apart from this section.

(10) In this paragraph "member" in relation to a body includes any person who is not a member of the body but who may be subject to disciplinary sanctions for failure to comply with any of its rules.

3 (1) This paragraph applies where a body makes a recommendation under paragraph 2.

(2) The Lord Chancellor must publish a document containing--

(a) the recommendation, and

(b) the draft order annexed to it.

(3) The document must be accompanied by a notice which states that representations about it may be made to the Lord Chancellor within a specified period.

(4) The Lord Chancellor must give a copy of the document to the Office of Fair Trading and the Lord Chief Justice, and invite each of them to provide advice on it within that period.

(5) The Lord Chancellor may give a copy of the document to the Legal Services Consultative Panel or any other person, and invite them to provide advice on it within that period.

(6) The Lord Chancellor must have regard to any representations and advice duly given.

(7) If the order which the Lord Chancellor proposes to make differs from the draft order published under sub-paragraph (2), the Lord Chancellor must, before making the order, publish the revised draft order along with a statement detailing the changes made and the reasons for those changes.

4 Paragraphs 2 and 3 apply in relation to the Solicitors Disciplinary Tribunal as they apply in relation to a designated regulator, but as if in paragraph 2--

(a) in sub-paragraph (4)(a) the reference to the body to which the order relates were a reference to the Solicitors Disciplinary Tribunal or the Law Society, and

(b) for sub-paragraph (5) of that paragraph there were substituted--

" (5) The Lord Chancellor may make an order under this paragraph only for the purpose of enabling the Solicitors Disciplinary Tribunal to carry out its role more effectively or efficiently. " , and

Approved regulators

5 (1) Sub-paragraph (2) applies where during the pre-commencement period--

(a) an Order in Council is made designating a body as an authorised body for the purposes of section 27 of the Courts and Legal Services Act 1990 (c. 41) (rights of audience) and that body's qualification regulations and rules of conduct (within the meaning of that section) have been approved for the purposes of that section,

(b) an Order in Council is made designating a body as an authorised body for the purposes of section 28 of that Act (right to conduct litigation) and that body's qualification regulations and rules of conduct (within the meaning of that section) have been approved for the purposes of that section,

(c) an order is made under paragraph 4 of Schedule 9 to that Act (approval of body to grant exemption from prohibition on preparation of probate papers etc), or

(d) regulations are made prescribing a body for the purposes of section 113 of that Act (administration of oaths and taking of affidavits).

(2) The Lord Chancellor may by order modify the Table in paragraph 1 of Schedule 4 (existing regulators) so as--

(a) to insert, in the first column, a reference to the body and, in the second column, a reference to the relevant activities, or

(b) if the body is already listed in the first column, to add a reference to the relevant activities to the corresponding entry in the second column.

(3) Sub-paragraph (4) applies where during the pre-commencement period--

(a) an Order in Council is made revoking the designation of a body as an authorised body for the purposes of section 27 of the Courts and Legal Services Act 1990,

(b) an Order in Council is made revoking the designation of a body as an authorised body for the purposes of section 28 of that Act,

(d) regulations prescribing a body for the purposes of section 113 of that Act are revoked.

(4) The Lord Chancellor may by order modify the Table in paragraph 1 of Schedule 4 so as to--

(a) remove any reference to the relevant activities from the entry in the second column of that Table corresponding to the entry for the body in the first column, and

(b) if there are no other activities in that entry in the second column, remove the reference to the body from the first column of that Table.

(5) An order under sub-paragraph (2) in relation to a body may--

(a) in a case within sub-paragraph (1)(a) or (b), modify Part 1 of Schedule 5 (authorised persons: continuity of rights) so as to ensure the continuity of any authority given by the body to a person to exercise rights of audience or, as the case may be, to conduct litigation;

(b) in a case within sub-paragraph (1)(c), modify Part 1 of that Schedule (authorised persons: continuity of rights) to provide for exemptions granted by a body by virtue of section 55 of the Courts and Legal Services Act 1990 (c. 41) (persons exempt from prohibition on preparation of probate papers etc) which have effect immediately before paragraph 1 of Schedule 4 comes into force to be deemed to be authorisations to carry on probate activities granted by that body at the time that paragraph comes into force;

(c) in a case within sub-paragraph (1)(d), modify Part 2 of Schedule 5, to provide during the transitional period for members of the body to be deemed to be authorised by the body to carry on the administration of oaths.

(6) An order under sub-paragraph (4) in relation to a body may--

(a) in a case within sub-paragraph (3)(a) or (b), modify Part 1 of Schedule 5 (authorised persons: continuity of rights) so as to remove provision made to ensure the continuity of any authority given by the body to a person to exercise rights of audience or, as the case may be, to conduct litigation;

(b) in a case within sub-paragraph (3)(c), modify Part 1 of that Schedule so as to remove any provision deeming persons to have been authorised by the body to carry on probate activities;

(c) in a case within sub-paragraph (3)(d), modify Part 2 of that Schedule so as to remove any provision deeming persons to have been authorised by the body to carry on the administration of oaths.

(7) No order under this paragraph may be made after the end of the pre-commencement period.

(8) In this paragraph--

"pre-commencement period" means the period before the coming into force of paragraph 1 of Schedule 4 (including any period before the passing of this Act);
"relevant activities" means--
(a)
in a case within sub-paragraph (1)(a) or (3)(a), the exercise of a right of audience;
(b)
in a case within sub-paragraph (1)(b) or (3)(b), the conduct of litigation;
(c)
in a case within sub-paragraph (1)(c) or (3)(c), probate activities;
(d)
in a case within sub-paragraph (1)(d) or (3)(d), the administration of oaths;
"the transitional period" has the meaning given by paragraph 3 of Schedule 5.

Licensed Conveyancers

6 (1) In this paragraph the transitional period means the period which--

(a) begins with the day on which paragraph 29 of Schedule 17 (which amends Schedule 3 to the Administration of Justice Act 1985 (c. 61)) comes into force, and

(b) ends with the day on which members of the new Council are first appointed in accordance with a scheme approved by the Legal Services Board under Schedule 3 to that Act (as amended by that paragraph).

(2) During the transitional period, the Council for Licensed Conveyancers is to be constituted in accordance with Schedule 3 to that Act as it had effect immediately before paragraph 29 of Schedule 17 came into force.

(3) The term of office of persons who are members of the Council for Licensed Conveyancers by virtue of sub-paragraph (2) immediately before the end of the transitional period ends at the same time as the transitional period.

7 (1) This paragraph applies to any licence issued by the Council for Licensed Conveyancers under section 15 of the Administration of Justice Act 1985 (c. 61) which--

(a) is endorsed under section 15(7) of that Act, and

(b) is in force when paragraph 4(4) of Schedule 17 (which repeals subsections (7) and (8) of section 15 of that Act (endorsement of licences)) comes into force.

(2) Notwithstanding the repeal of those subsections, until the licence expires--

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