Legal Services Act 2007 (c. 29)

(The document as of February, 2008)

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

(a) the licence continues to have effect in accordance with the endorsement, and

(b) rules made under section 15(8) of that Act continue to have effect in relation to the licence.

8 Until the repeal of paragraphs 17 and 19 of Schedule 8 to the Courts and Legal Services Act 1990 (c. 41) by Schedule 23 to this Act comes into force, those paragraphs have effect as if--

(a) in paragraph 17 (inadequate professional services: failure to comply with direction), after sub-paragraph (2) there were inserted--

" (3) In relation to proceedings before the Discipline and Appeals Committee in respect of such a complaint, the Committee may make such order as they consider fit as to the payment of costs by--

(a) the Council;

(b) the licensed conveyancer against whom the complaint was made;

(c) if the person on whose complaint the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person. " , and

(b) paragraph 19(b) (inadequate professional services: costs) were omitted.

Exercise of Board's functions pending appointment of Chief Executive

9 (1) Until the first Chief Executive of the Board is appointed under paragraph 13 of Schedule 1, the Board's functions under--

(a) Schedule 1,

(b) Schedule 15, and

may be exercised by the ordinary members of the Board.

(2) For that purpose "ordinary member" has the same meaning as in Schedule 1.

Interim Chief Executive of the OLC

10 (1) The Lord Chancellor may appoint a person as the Interim Chief Executive of the OLC.

(2) The Interim Chief Executive is to be--

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

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

(3) Appointment as the Interim Chief Executive does not confer the status of Crown servant.

(4) In this paragraph--

"the first interim period" means the period which--
(a)
begins when sub-paragraph (5) comes into force, and
(b)
ends when the chairman of the Board, and at least 7 other ordinary members of the Board (within the meaning of Schedule 1), have been appointed in accordance with paragraph 1 of Schedule 1;
"the second interim period" means the period which--
(a)
begins when the chairman of the Board, and at least 7 other ordinary members of the Board (within the meaning of Schedule 1), have been appointed in accordance with paragraph 1 of Schedule 1, and
(b)
ends when the membership of the OLC is first constituted in accordance with paragraph 1 of Schedule 15.

(5) The Interim Chief Executive may incur expenditure and do other things in the name of and on behalf of the OLC--

(a) from the beginning of the first interim period, and

(b) after that time until the OLC determines otherwise.

(6) The things which may be done under sub-paragraph (5)--

(a) include the appointment of staff under paragraph 13 of Schedule 15 and making arrangements for assistance under paragraph 18 of that Schedule, but

(b) do not include the appointment of an ombudsman under section 122 or the making of scheme rules.

(7) During the first interim period, the Interim Chief Executive must comply with any supervisory directions given by the Lord Chancellor.

(8) During the second interim period, the Interim Chief Executive must comply with any supervisory directions given by the Board.

(9) The supervisory directions are--

(a) a direction requiring the Interim Chief Executive to provide the person giving the direction with a report on, or information relating to, such matters as are specified in the direction;

(b) a direction requiring the Interim Chief Executive to obtain the approval of the person giving the direction before incurring expenditure in such circumstances as are specified in the direction;

(c) any other direction relating to the exercise of the Interim Chief Executive's functions which the person giving the direction considers appropriate.

(10) Paragraph 34 of Schedule 15 (exemption from liability in damages) applies to the Interim Chief Executive as it applies to a member of the OLC.

Solicitors

11 (1) Until such time as section 59(1) of the Constitutional Reform Act 2005 (c. 4) comes into force, the reference in section 207(1), in the definition of "solicitor", to the Senior Courts is to be read as a reference to the Supreme Court.

(2) Until such time as section 59(2) of that Act (renaming of Supreme Court of Judicature of Northern Ireland as Court of Judicature of Northern Ireland) comes into force, the references in sections 8(5) and 190(5)(e), paragraph 2(4)(f) of Schedule 1, paragraphs 1(9) and 2(5) of Schedule 3 and paragraph 2(3)(e) of Schedule 15 to the Court of Judicature of Northern Ireland are to be read as references to the Supreme Court of Judicature of Northern Ireland.

Solicitors Act 1974 (c. 47)

12 (1) During the transitional period, the reference to an authorised person in section 1A(d) of the Solicitors Act 1974 (practising certificates: employed solicitors) is to be read as a reference to a person listed in paragraph 15(1), other than a person listed in paragraph (b) or (c) of that paragraph.

(2) For this purpose "the transitional period" means the period which--

(a) begins with the day on which section 1A(d) of the Solicitors Act 1974 (as inserted by Schedule 16) comes into force, and

(b) ends with the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity).

13 (1) During the transitional period, section 44B of the Solicitors Act 1974 (provision of information and documents by solicitors etc) has effect as if the list of persons in subsection (2) of that section included a legal partnership (within the meaning of paragraph 7 of Schedule 5).

(2) For this purpose "the transitional period" means the period which--

(a) begins with the day on which section 44B of the Solicitors Act 1974 (as substituted by Schedule 16) comes into force, and

(b) ends with the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity).

14 (1) During the transitional period, section 69 of the Solicitors Act 1974 (action to recover solicitor's costs) has effect as if--

(a) after subsection (2A)(a) of that section there were inserted--

" (aa) in a case where the costs are due to a firm, signed by a partner of the firm, either in his own name or in the name of the firm, or on his behalf by any employee of the firm authorised by him to sign, or " , and

(b) in subsection (2A)(b), after "paragraph (a)" there were inserted "or (aa)".

(2) For this purpose "the transitional period" means the period which--

(a) begins with the day on which subsections (2) to (2F) of that section (as substituted by Schedule 16) come into force, and

(b) ends with the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity).

(3) This paragraph does not apply in relation to section 69 of the Solicitors Act 1974 as it has effect by virtue of paragraph 29 of Schedule 2 to the Administration of Justice Act 1985.

Recognised bodies

15 (1) During the transitional period, any reference in sections 9, 9A or 32A of, or Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61) (recognition of legal services bodies and conveyancing services bodies) to an authorised person is to be read as a reference to--

(a) a person who has in force a certificate issued by the General Council of the Bar authorising the person to practise as a barrister,

(b) a person who is qualified under section 1 of the Solicitors Act 1974 (c. 47) to act as a solicitor,

(d) a registered European lawyer (within the meaning of the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119)),

(e) a person who has in force a certificate issued by the Institute of Legal Executives authorising the person to practise as a legal executive,

(f) licensed conveyancers (within the meaning of section 11(2) of the Administration of Justice Act 1985),

(g) a recognised body under section 32 of that Act,

(h) a duly certificated notary (within the meaning of paragraph 12(4) of Schedule 5),

(i) a person who (having regard to section 15) carries on notarial activities through an employee or manager of the person who is within paragraph (h),

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

(k) a patent attorney body (within the meaning of paragraph 14(7) of Schedule 5),

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

(m) a trade mark attorney body (within the meaning of paragraph 16(7) of Schedule 5),

(n) an authorised member of the Association of Law Costs Draftsmen (within the meaning of paragraph 17(2) of Schedule 5), or

(o) a person who (having regard to section 15) carries on an activity which is a reserved legal activity within paragraph 18(2) of Schedule 5 through an employee or manager of the person who is within paragraph (n).

(2) After the end of the transitional period, any reference in section 9, 9A or 32A of, or Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61) to an authorised person includes a person who is an exempt person--

(a) by virtue of paragraph 13 of Schedule 5, in relation to the carrying on of an activity which is a notarial activity, or

(b) by virtue of paragraph 18 of that Schedule, in relation to the carrying on of an activity which is a reserved legal activity within sub-paragraph (2) of that paragraph.

(3) For this purpose "the transitional period" means the period which--

(a) begins with the day on which sections 9, 9A, 32 and 32A of the Administration of Justice Act 1985 (as amended and substituted by Schedules 16 and 17) come into force, and

(b) ends with the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity).

16 (1) During the transitional period (within the meaning of paragraph 15), the Law Society may make rules to which this sub-paragraph applies only with the concurrence of the Lord Chancellor (as well as the Master of the Rolls).

(2) Sub-paragraph (1) applies to --

(a) rules made under section 9 of the Administration of Justice Act 1985 by virtue of subsections (1A), (1C), (2F), (2G) or (2I) of that section or section 9A of that Act, and

(b) any other rules made under section 9 of that Act, in so far as they apply in relation to bodies which have one or more managers who are not legally qualified (within the meaning of section 9A of that Act), or managers or employees of such bodies.

17 (1) During the relevant period, the legal professional privilege provisions apply to a body which--

(a) is recognised under section 9 of the 1985 Act, and

(b) has one or more managers who are not legally qualified (within the meaning of section 9A of that Act),

as if the body were a licensed body.

(2) Sub-paragraph (1) applies whether or not the legal professional privilege provisions have been brought into force for other purposes.

(3) The relevant period is the period which--

(a) begins when section 9A of the 1985 Act comes into force, and

(b) ends when paragraph 7 of Schedule 5 ceases to apply in relation to the body.

(4) The legal professional privilege provisions are--

(a) paragraph 36(4) of Schedule 2 to the 1985 Act (as inserted by Schedule 16 to this Act), and

(b) section 190(3) to (7) of this Act.

(5) During the transitional period (within the meaning of paragraph 15), section 190(5)(h) (as it applies by virtue of this paragraph) applies as if for "an authorised person in relation to an activity which is a reserved legal activity" there were substituted "within paragraph 15(1) of Schedule 22".

(6) "The 1985 Act" means the Administration of Justice Act 1985.

Functions transferred to the Lord Chancellor

18 (1) This paragraph applies where, by virtue of an amendment made to an enactment by this Act, a function of the Secretary of State is transferred to the Lord Chancellor.

(2) In this paragraph such a function is referred to as a "transferred function".

(3) Any subordinate legislation made by the Secretary of State in exercise of a transferred function is to have effect as if made or done by the Lord Chancellor.

(4) So far as is appropriate in consequence of the transfer, anything else done by the Secretary of State in exercise of a transferred function is to be treated as if done by the Lord Chancellor.

Section 210

SCHEDULE 23 Repeals

Short title and chapter	Extent of repeal
Public Notaries Act 1801 (c. 79)	In section 1, ", or use and exercise the office of a notary, or do any notarial act,". In section 14, from "proctor" to "any other".
Public Notaries Act 1843 (c. 90)	Section 10.
Commissioners for Oaths Act 1889 (c. 10)	In section 1(3), from "in which" (in the first place) to "solicitor, or".
Children and Young Persons Act 1933 (c. 12)	In section 49(11), the definition of "legal representative".
Public Records Act 1958 (c. 51)	In Schedule 1, "The Legal Services Ombudsman."
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, "Authorised Conveyancing Practitioners Board." and "The Legal Services Complaints Commissioner."
Superannuation Act 1972 (c. 11)	In Schedule 1, "Employment by the Legal Services Ombudsman" and "The office of the Legal Services Ombudsman".
Poisons Act 1972 (c. 66)	In section 9(7), "notwithstanding that he is not of counsel or a solicitor".
Solicitors Act 1974 (c. 47)	In section 1A-- (a) "or" at the end of paragraph (b), and (b) in paragraph (c) "by the Council of the Law Society". In section 2-- (a) in subsection (1), ", with the concurrence of the Secretary of State, the Lord Chief Justice and the Master of the Rolls,", (b) in subsection (3)(a)(i), ", whether by service under articles or otherwise,", (c) in subsection (3)(a)(v), "articles may be discharged or", and (d) subsections (4) and (5). Section 6(2) to (4). Section 8(5). Section 12. Section 12A. Section 14. In section 17(1) and (2), "in the London Gazette". Section 19. Sections 22 to 23. In section 26, ", 22 or 23". Section 27. In section 28-- (a) in subsection (1), ", with the concurrence of the Secretary of State and the Lord Chief Justice,", (b) in subsection (1)(c), "and applications for them", (c) subsections (2) and (3), (d) in subsection (3A), the "and" at the end of paragraph (b), and (e) subsections (4) and (5). In section 31-- (a) in subsection (1) ", with the concurrence of the Master of the Rolls,", and (b) subsections (3) and (4). In section 32(1)-- (a) ", with the concurrence of the Master of the Rolls,", and (b) from "and the rules" to the end. Section 32(2). In section 32(4) "or (2)". Section 32(6). In section 33(2), "and the rules" to the end. In section 33A(1) ", with the concurrence of the Master of the Rolls,". Section 34(7) and (8). Section 37A. Section 40. Section 41(5). In section 43(5)-- (a) "by any solicitor", and (b) from "but" to the end. Section 46(6) to (8). In section 46(9) ", with the concurrence of the Master of the Rolls,". In section 47-- (a) in subsection (2)(c), "not exceeding £5,000", and (b) subsections (4) and (5). In section 48(2)(b) "in the London Gazette". In section 49(4) "and the Master of the Rolls". Section 49(7). Section 70(11). Sections 76 to 78. Section 80(2). Sections 81 and 81A. In section 87(1) the definitions of-- (a) "articles", (b) "controlled trust", (c) "duly certificated notary public", (d) "employee", (e) "indemnity conditions", (f) "replacement date", and (g) "training conditions". Section 89(7). In Schedule 1-- (a) in paragraph 1(1)(h), "sole", and (b) paragraph 1(2). Schedule 1A. Schedule 2. In Schedule 3, paragraph 9.
House of Commons Disqualification Act 1975 (c. 24)	In Part 2 of Schedule 1, "The Authorised Conveyancing Practitioners Board." In Part 3 of Schedule 1, "The Legal Services Complaints Commissioner." and "The Legal Services Ombudsman."
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 2 of Schedule 1, "The Authorised Conveyancing Practitioners Board." In Part 3 of Schedule 1, "The Legal Services Complaints Commissioner." and "The Legal Services Ombudsman."
Race Relations Act 1976 (c. 74)	In Schedule 1A, in Part 2, "The Legal Services Consultative Panel."
Patents Act 1977 (c. 37)	Section 102A.
Solicitors (Scotland) Act 1980 (c. 46)	Section 3A(5)(a) and (ad). Section 15(2)(j). In section 20(2) ", 53A(2)(ba)". Section 24C(2)(i). Section 34(4), (4C) and (4D). Sections 38, 39, 42A and 42B. In section 42C(1)-- (a) paragraphs (a) and (c), (b) "to the solicitor or his firm or", and (c) "or, where" to the end. In section 42C(2)(a) and (b) "solicitor, firm or" (in each place). In section 42C(3)-- (a) in paragraph (a) "the solicitor or his firm or, as the case may be,", and (b) in paragraph (b) from "of which the solicitor" to "be,". In section 42C(4) "38," (in each place). Section 42C(5). In section 51(2)-- (a) "a solicitor may have been guilty" to "Fund) or", and (b) "or a solicitor" to "services". Section 51(2A). In section 52(2)(aa) "42A(7) or". Section 53(3), (10) and (11). 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 -- Stat	Other