Introductory Text
Part 1 The regulatory objectives
1.The regulatory objectives
Part 2 The Legal Services Board Constitution
2.The Legal Services Board
General functions
3.The Board’s duty to promote the regulatory objectives etc
4.Standards of regulation, education and training
5.Corporate governance
6.Annual report
7.Supplementary powers
Consumer Panel
8.The Consumer Panel
9.Committees and the procedure of the Consumer Panel
10.Representations by the Consumer Panel
11.Advice and research functions of the Consumer Panel
Part 3 Reserved legal activities
Reserved legal activities
12.Meaning of “reserved legal activity” and “legal activity”
Carrying on the activities
13.Entitlement to carry on a reserved legal activity
Offences
14.Offence to carry on a reserved legal activity if not entitled
15.Carrying on of a reserved legal activity: employers and employees etc
16.Offence to carry on reserved legal activity through person not entitled
17.Offence to pretend to be entitled
Interpretation
18.Authorised persons
19.Exempt persons
20.Approved regulators and relevant approved regulators
21.Regulatory arrangements
Continuity of existing rights and transitional protection
22.Continuity of existing rights to carry on reserved legal activities
23.Transitional protection for non-commercial bodies
Alteration of reserved legal activities
24.Extension of the reserved legal activities
25.Provisional designation as approved regulators and licensing authorities
26.Recommendations that activities should cease to be reserved legal activities
Part 4 Regulation of approved regulators
Introductory
27.Regulatory and representative functions of approved regulators
General duties of approved regulators
28.Approved regulator’s duty to promote the regulatory objectives etc
Separation of regulatory and representative functions
29.Prohibition on the Board interfering with representative functions
30.Rules relating to the exercise of regulatory functions
Performance targets
31.Performance targets and monitoring
Directions
32.Directions
33.Directions: procedure
34.Enforcement of directions
Censure
35.Public censure
36.Public censure: procedure
Financial penalties
37.Financial penalties
38.Financial penalties: procedure
39.Appeals against financial penalties
40.Recovery of financial penalties
Intervention
41.Intervention directions
42.Intervention directions: further provision
43.Intervention directions: enforcement
44.Revocation of intervention directions
Cancellation of approval
45.Cancellation of designation as approved regulator
46.Cancellation of designation: further provision
47.The Board’s power to recommend orders made under section 46
48.Cancellation of designation: powers of entry etc
Policy statements
49.The Board’s policy statements
50.Policy statements: procedure
Practising fees
51.Control of practising fees charged by approved regulators
Regulatory conflict
52.Regulatory conflict with approved regulators
53.Modification of provision made about regulatory conflict
54.Regulatory conflict with other regulatory regimes
Information
55.Provision of information to the Board
56.Enforcement of notices under section 55
Competition
57.Reports by the CMA
58.The Board’s response to CMA report
59.Referral of report by the Lord Chancellor …
60.Duties of the CMA
61.Lord Chancellor’s power to give directions
The Board as approved regulator
62.The Board as an approved regulator
63.The Board’s designation under section 62(1)(a)
64.Modification of the Board’s functions under section 62(1)(b)
65.Cancellation of the Board’s designation under section 62(1)(c)
66.The Board’s power to recommend orders made under section 62
67.Effect of the Board’s designation as an approved regulator
68.Regulatory conflict and the Board as approved regulator
Functions of approved regulators etc
69.Modification of the functions of approved regulators etc
70.Procedural requirements relating to recommendations under section 69
Part 5 Alternative business structures
Introductory
71.Carrying on of activities by licensed bodies
72.“Licensable body”
Licensing authorities
73.Licensing authorities and relevant licensing authorities
74.Designation of approved regulator as licensing authority
75.Automatic cancellation of designation as licensing authority
76.Cancellation of designation as licensing authority by order
77.Cancellation of designation: further provision
78.The Board’s power to recommend orders made under section 77
79.Cancellation of designation: powers of entry etc
Appeals
80.Functions of appellate bodies
81.Procedural requirements relating to recommendations under section 80
Policy statement
82.Licensing authority policy statement
Licensing rules
83.Licensing rules
Licensing
84.Application for licence
85.Terms of licence
86.Modification of licence
87.Registers of licensed bodies
88.Evidence of status
Ownership of licensed bodies
89.Ownership of licensed bodies
Regulation of licensed bodies
90.Duties of non-authorised persons
91.Duties of Head of Legal Practice
92.Duties of Head of Finance and Administration
93.Information
94.Enforcement of notices under section 93
95.Financial penalties
96.Appeals against financial penalties
97.Recovery of financial penalties
98.Referral of employees etc to appropriate regulator
99.Disqualification
100.Lists of disqualified persons
101.Suspension and revocation of licence
102.Intervention
103.Regulatory conflict and the Board as licensing authority
104.Prevention of regulatory conflict: accounts rules
Special kinds of body
105.Trade union exemptions
106.Power to modify application of licensing rules etc to special bodies
107.Modifications under section 106: supplementary
108.“Low risk body”
109.Foreign bodies
Supplementary provision
110.Reporting requirements relating to Part 5
111.Interpretation of Part 5
Part 6 Legal Complaints
Complaints procedures of authorised persons
112.Complaints procedures of authorised persons
Overview of the scheme
113.Overview of the scheme
The Office for Legal Complaints
114.The Office for Legal Complaints
115.The ombudsman scheme
116.General obligations
117.Corporate governance
118.Annual report
119.Supplementary powers
120.Reporting to the Board
121.Performance targets and monitoring
The ombudsmen
122.Appointment of the Chief Ombudsman and assistant ombudsmen
123.Annual report of Chief Ombudsman
124.Additional reports of Chief Ombudsman
Jurisdiction and operation of the ombudsman scheme
125.Jurisdiction of the ombudsman scheme
126.Complaints excluded because respondent’s complaints procedures not used
127.Complaints excluded by scheme rules
128.Parties
129.Pre-commencement acts and omissions
130.Orders under section 128
131.Acts and omissions by employees etc
132.Continuity of complaints
133.Operation of the ombudsman scheme
134.Delegation of an ombudsman’s functions
135.Notification requirements
136.Charges payable by respondents
Determinations under the scheme
137.Determination of complaints
138.Limitation on value of directions under the ombudsman scheme
139.Alteration of limit
140.Acceptance or rejection of determination
141.Enforcement by complainant of directions under section 137
142.Reporting court orders made against authorised persons
Reporting misconduct
143.Reporting possible misconduct to approved regulators
Co-operation with investigations
144.Duties to share information
145.Duties of authorised persons to co-operate with investigations
146.Reporting failures to co-operate with an investigation to approved regulators
Information
147.Information and documents
148.Reporting failures to provide information or produce documents
149.Enforcement of requirements to provide information or produce documents
150.Reports of investigations
151.Restricted information
152.Disclosure of restricted information
153.Data protection
Defamation
154.Protection from defamation claims
Scheme rules
155.Consent requirements for rules
156.The Board’s powers in respect of rules
Effect on existing arrangements for redress etc
157.Approved regulators not to make provision for redress
158.Regulatory arrangements not prohibited by section 157
159.Legal Services Complaints Commissioner and Legal Services Ombudsman
Interpretation
160.Interpretation of Part 6
Claims management services
161.Extension of Part 6 to claims management services
Part 7 Further provisions relating to the Board and the OLC Guidance
162.Guidance
Voluntary arrangements
163.Voluntary arrangements
164.Power to establish voluntary scheme for resolving complaints
165.Procedure for making orders under section 164
166.Operation of voluntary scheme
Disclosure and use of information
167.Restricted information
168.Disclosure of restricted information
169.Disclosure of information to the Board
170.Data protection
171.Use of information
Payments by Lord Chancellor
172.Funding
The levy
173.The levy
174.The levy: supplementary provisions
OLC expenditure relating to claims management services
174A.OLC expenditure relating to claims management services
Payments into the Consolidated Fund
175.Amounts payable into the Consolidated Fund
Part 8 Miscellaneous provisions about lawyers etc
Duties of regulated persons
176.Duties of regulated persons
Solicitors, the Law Society and the Disciplinary Tribunal
177.The Law Society, solicitors, recognised bodies and foreign lawyers
178.The Solicitors Disciplinary Tribunal: approval of rules
179.Board’s power to give directions to the Tribunal
180.Functions of the Tribunal
Other lawyers
181.Unqualified person not to pretend to be a barrister
182.Licensed conveyancers
183.Commissioners for oaths
184.Trade mark attorneys
185.Patent attorneys
186.Immigration advisers and immigration service providers
187.Claims management services
Advocates and litigators
188.Duties of advocates and litigators
189.Employed advocates
Legal professional privilege
190.Legal professional privilege
Employees of housing management bodies
191.Rights of audience etc of employees of housing management bodies
Savings
192.Powers of court in respect of rights of audience and conduct of litigation
193.Solicitors to public departments and the City of London
Pro bono representation
194.Payments in respect of pro bono representation
Scotland
195.Application of the Legal Profession and Legal Aid (Scotland) Act 2007
196.Scottish legal services ombudsman: functions
Part 9 General
Offences
197.Offences committed by bodies corporate and unincorporated bodies
198.Local weights and measures authorities
Protected functions of the Lord Chancellor
199.Protected functions of the Lord Chancellor
Notices etc
200.Notices and directions
201.Documents
202.The giving of notices, directions and other documents
203.The giving of notices, directions and other documents in electronic form
Orders, rules etc
204.Orders, regulations and rules
205.Consultation requirements for rules
206.Parliamentary control of orders and regulations
Interpretation
207.Interpretation
Miscellaneous and supplementary
208.Minor and consequential provision etc
209.Transitional and transitory provision
210.Repeals
211.Commencement
212.Extent
213.Index of defined expressions
214.Short title
SCHEDULES
SCHEDULE 1 The Legal Services Board
Membership
1.(1) The Board is to consist of the following members—…
2.(1) In appointing persons as ordinary members the Lord Chancellor…
3.In appointing persons to be ordinary members, the Lord Chancellor…
Terms of appointment and tenure of members
4.An ordinary member is to hold and vacate office in…
5.(1) An ordinary member must be appointed for a fixed…
6.If an ordinary member who is a lay person becomes…
7.(1) An ordinary member may at any time—
8.The chairman ceases to be chairman upon ceasing to be…
9.Where a person ceases to be employed as Chief Executive,…
Remuneration etc of members
10.The chairman and other ordinary members are to be paid…
11.The terms of appointment of the chairman or any other…
12.If the Lord Chancellor thinks there are circumstances that make…
Staff
13.The Board must appoint a person as its Chief Executive….
14.The Board may appoint such other staff as it considers…
15.The Chief Executive and other staff are to be—
16.The terms and conditions on which the Chief Executive or…
17.The Board may pay compensation for loss of employment to…
18.A member of staff appointed under paragraph 14 may be…
Arrangements for assistance
19.(1) The Board may make arrangements with such persons as…
Committees
20.(1) The Board may establish committees. (2) Any committee so…
Proceedings
21.(1) The Board may regulate its own procedure, and the…
22.The validity of any act of the Board is not…
Delegation of functions
23.(1) The Board may authorise— (a) the chairman, the Chief…
Borrowing
24.The Board is not to borrow money, except—
Accounts
25.(1) The Board must— (a) keep proper accounts and proper…
Status
26.(1) The Board is not to be regarded—
Application of seal and proof of instruments
27.The application of the seal of the Board is to…
28.Any contract or instrument which, if entered into or executed…
29.A document purporting to be duly executed under the seal…
Disqualification
30.(1) In Part 2 of Schedule 1 to the House…
Freedom of information
31.In Part 6 of Schedule 1 to the Freedom of…
Public records
32.In Schedule 1 to the Public Records Act 1958 (c….
Exemption from liability in damages
33.(1) This paragraph applies to— (a) the Board,
SCHEDULE 2 The reserved legal activities
Introduction
1.This Schedule makes provision about the reserved legal activities.
2.In this Schedule “the appointed day” means the day appointed…
Rights of audience
3.(1) A “right of audience” means the right to appear…
Conduct of litigation
4.(1) The “conduct of litigation” means— (a) the issuing of…
Reserved instrument activities
5.(1) “Reserved instrument activities” means— (a) preparing any instrument of…
Probate activities
6.(1) “Probate activities” means preparing any probate papers for the…
Notarial activities
7.(1) “Notarial activities” means activities which, immediately before the appointed…
Administration of oaths
8.The “administration of oaths” means the exercise of the powers…
SCHEDULE 3Exempt persons
Rights of audience
1.(1) This paragraph applies to determine whether a person is…
Conduct of litigation
2.(1) This paragraph applies to determine whether a person is…
Reserved instrument activities
3.(1) This paragraph applies to determine whether a person is…
Probate activities
4.(1) This paragraph applies to determine whether a person is…
Notarial activities
5.(1) This paragraph applies to determine whether a person is…
Administration of oaths
6.(1) This paragraph applies to determine whether a person is…
European lawyers
7.A European lawyer (within the meaning of the European Communities…
Employers etc acting through exempt person
8.(1) This paragraph applies where— (a) a person (“P”) carries…
Further exempt persons
9.(1) The Lord Chancellor may, by order, amend this Schedule…
SCHEDULE 4 Approved regulators
Part 1 Existing regulators
1.(1) Each body listed in the first column of the…
2.(1) The regulatory arrangements of a listed body, as they…
Part 2 Designation of bodies by order
Application to the Board
3.(1) This paragraph applies where a body wishes to authorise…
Dismissal of application
4.(1) The Board may refuse to consider, or to continue…
Board’s duty to seek advice
5.(1) The Board must give each of the persons listed…
Advice of Competition and Markets Authority
6.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
7.(1) The Consumer Panel must give the Board such advice…
Advice of selected consultees
8.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
9.(1) The Board must give the Lord Chief Justice—
Information obtained by consultees
10.A person (“the consultee”) to whom a copy of the…
Representations by applicant
11.(1) The Board must give the applicant a copy of…
Publication of advice and representations etc
12.(1) The Board must, as soon as practicable after the…
Rules governing decisions by the Board
13.(1) The Board must make rules specifying how it will…
Determination of applications
14.(1) After considering— (a) the application and accompanying material,
15.(1) Where an application is made under this Part, the…
Effect of grant of application
16.(1) This paragraph applies where an application is granted in…
Lord Chancellor’s decision to make an order
17.(1) Where a recommendation is made to the Lord Chancellor…
Approval of regulatory arrangements
18.(1) Where an order is made by the Lord Chancellor…
Part 3 Alteration of approved regulator’s regulatory arrangements
Requirement for approval
19.(1) If an alteration is made of the regulatory arrangements…
Application to Board
20.(1) An application by an approved regulator for the Board…
Initial determination
21.(1) Where the Board has received an application under paragraph…
Advice
22.(1) Where the Board has given the approved regulator a…
Representations by applicant
23.(1) The Board must give the approved regulator a copy…
Publication of advice and representations etc
24.(1) The Board must, as soon as practicable after the…
Decision by the Board
25.(1) After considering— (a) the application and any accompanying material,…
Failure to decide application during decision period
26.(1) This paragraph applies where the Board gives an approved…
Effect of grant of application
27.(1) Where an application is granted under paragraph 21(1)(a) or…
SCHEDULE 5Authorised persons
Part 1 Continuity of rights
Rights of audience and conduct of litigation
1.(1) For the purposes of section 18 (authorised persons), in…
Conveyancing services
2.(1) For the purposes of section 18, in the case…
Probate activities
2A.(1) This paragraph applies to a person who, immediately before…
Part 2 Rights during transitional period
The transitional period
3.(1) In this Part of this Schedule references to “the…
Barristers etc
4.(1) During the transitional period, every barrister is deemed to…
5.(1) During the transitional period, every registered European lawyer registered…
6.During the transitional period members of the Bar not in…
Solicitors etc
7.(1) During the transitional period— (a) every qualified solicitor,
8.(1) During the transitional period, every registered European lawyer registered…
9.(1) During the transitional period, solicitors are to continue to…
Legal Executives
10.(1) During the transitional period, a person authorised by the…
Licensed conveyancers
11.(1) During the transitional period every individual who holds a…
Notaries public
12.(1) During the transitional period, every duly certificated notary is…
13.(1) During the transitional period, a person (“P”) is an…
Patent attorneys
14.(1) During the transitional period, every registered patent attorney is…
15.(1) During the transitional period registered patent attorneys are to…
Trade mark attorneys
16.(1) During the transitional period, every registered trade mark attorney…
Law costs draftsmen
17.(1) During the transitional period, every authorised member of the…
18.(1) During the transitional period, a person (“P”) is an…
Part 3 Interpretation
19.In this Schedule— “the appointed day” means the day appointed…
SCHEDULE 6Alteration of reserved legal activities
Introductory
1.In this Schedule, in relation to an activity— “section 24…
Requests for Board to hold a full investigation
2.(1) A person may— (a) request the Board to hold…
Board’s duty to hold preliminary inquiries in certain cases
3.(1) This paragraph applies where the Board receives a request…
Board’s power to hold preliminary inquiries in other cases
4.(1) The Board may— (a) where it receives a request…
Advice
5.(1) Before determining whether it is appropriate to hold a…
6.(1) Before determining whether it is appropriate to hold a…
7.(1) The Board must consider, and publish, any advice given…
Restrictions on refusing a paragraph 2 request
8.(1) This paragraph applies where— (a) a request has been…
Decision to hold investigation
9.(1) This paragraph applies where the Board has decided, following…
Duty to investigate and produce a provisional report within the investigation period
10.(1) This paragraph applies where the Board has given notice…
“The investigation period”
11.(1) “The investigation period” means the period of 12 months…
Supplementary provisions about the investigation
12.(1) This paragraph applies for the purposes of investigations under…
Consideration of the provisional report
13.(1) The Board may make rules governing the making to…
14.(1) For the purpose of making a decision under paragraph…
15.The Board must, so far as is reasonably practicable, consider—…
Duty to prepare final report within the final reporting period
16.(1) After complying with paragraph 15, the Board must decide—…
“The final reporting period”
17.(1) “The final reporting period” means the period of 3…
Costs
18.The Board may pay such costs of a person as…
SCHEDULE 7Directions: procedure
Introductory
1.This Schedule applies where the Board proposes giving a direction…
Notification of the approved regulator
2.(1) The Board must give the approved regulator a notice…
Board’s duty to seek advice
3.(1) After complying with paragraph 2, the Board must give…
Advice of the Lord Chancellor
4.The Lord Chancellor must give the Board such advice as…
Advice of Competition and Markets Authority
5.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
6.(1) The Consumer Panel must give the Board such advice…
Advice of selected consultees
7.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
8.(1) The Board must give the Lord Chief Justice—
Consultees’ powers to request information
9.A person (“the consultee”) to whom a copy of the…
Representations by approved regulator
10.(1) The Board must give the approved regulator a copy…
Publication of advice etc
11.(1) The Board must, as soon as practicable after the…
Decision by the Board
12.(1) After considering— (a) any advice duly given under paragraphs…
SCHEDULE 8Intervention directions: procedure
Part 1 Giving intervention directions
Introductory
1.(1) This Part of this Schedule applies where the Board…
Notification of the approved regulator
2.(1) The Board must give the approved regulator a notice…
Board’s duty to seek advice
3.(1) After complying with paragraph 2, the Board must give…
Advice of the Lord Chancellor
4.The Lord Chancellor must give the Board such advice as…
Advice of Competition and Markets Authority
5.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
6.(1) The Consumer Panel must give the Board such advice…
Advice of selected consultees
7.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
8.(1) The Board must give the Lord Chief Justice—
Consultees’ powers to request information
9.A person (“the consultee”) to whom a copy of the…
Representations by the approved regulator etc
10.(1) The Board must— (a) give the approved regulator a…
Further provision about publishing of advice and representations
11.(1) Nothing in paragraph 10 operates— (a) to prevent a…
Decision by the Board
12.(1) After considering— (a) any advice duly given under paragraphs…
Part 2 Revoking intervention directions
Introductory
13.(1) Where an intervention direction has effect in respect of…
Board’s duty to seek advice
14.(1) Where the Board has received an application under paragraph…
Advice of the Lord Chancellor
15.The Lord Chancellor must give the Board such advice as…
Advice of Competition and Markets Authority
16.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
17.(1) The Consumer Panel must give the Board such advice…
Advice of the selected consultees
18.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
19.(1) The Board must give the Lord Chief Justice—
Information obtained by consultees
20.A person to whom a copy of the application or…
Representations by approved regulator etc
21.(1) The Board must— (a) give the approved regulator a…
Further provision about publishing advice and representations
22.(1) Nothing in paragraph 21 operates— (a) to prevent a…
Decision by the Board
23.(1) After considering— (a) in a case within paragraph 13(1)(a),…
SCHEDULE 9Cancellation of designation as approved regulator
Introductory
1.This Schedule applies where the Board considers that it may…
Notification of the approved regulator
2.(1) The Board must give the approved regulator a notice…
Board’s duty to seek advice
3.(1) After complying with paragraph 2, the Board must give…
Advice of Competition and Markets Authority
4.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
5.(1) The Consumer Panel must give the Board such advice…
Advice of selected consultees
6.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
7.(1) The Board must give the Lord Chief Justice—
Information obtained by consultees
8.A person (“the consultee”) to whom a copy of the…
Representations by the approved regulator etc
9.(1) The Board must— (a) give the approved regulator a…
Publication of advice etc
10.(1) Nothing in paragraph 9 operates— (a) to prevent a…
Decision by the Board
11.(1) After considering— (a) any advice duly given under paragraphs…
SCHEDULE 10Designation of approved regulators as licensing authorities
Part 1 Designation of approved regulators by order
Application to the Board
1.(1) This paragraph applies where a body wishes to become…
Dismissal of application
2.(1) The Board may refuse to consider, or to continue…
Board’s duty to seek advice
3.(1) The Board must give each of the persons listed…
Advice of Competition and Markets Authority
4.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
5.(1) The Consumer Panel must give the Board such advice…
Advice of selected consultees
6.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
7.(1) The Board must give the Lord Chief Justice—
Information obtained by consultees
8.A person (“the consultee”) to whom a copy of the…
Representations by applicant
9.(1) The Board must give the applicant a copy of…
Publication of advice and representations etc
10.(1) The Board must, as soon as practicable after the…
Rules governing decisions by the Board
11.(1) The Board must make rules specifying how it will…
Determination of applications
12.(1) After considering— (a) the application and accompanying material,
13.(1) Where an application is made under this Part, the…
Effect of grant of application
14.(1) This paragraph applies where an application is granted in…
Lord Chancellor’s decision to make an order
15.(1) Where a recommendation is made to the Lord Chancellor…
Approval of licensing rules
16.(1) Where an order is made by the Lord Chancellor…
Part 2 Cancellation of designation by order
Introductory
17.This Part of this Schedule applies where the Board considers…
Notification of the licensing authority
18.(1) The Board must give the licensing authority a notice…
Board’s duty to seek advice
19.(1) After complying with paragraph 18, the Board must give…
Advice of Competition and Markets Authority
20.(1) The CMA must give the Board such advice as…
Advice of the Consumer Panel
21.(1) The Consumer Panel must give the Board such advice…
Advice of selected consultees
22.A selected consultee may give the Board such advice as…
Advice of the Lord Chief Justice
23.(1) The Board must give the Lord Chief Justice—
Information obtained by consultees
24.A person (“the consultee”) to whom a copy of the…
Representations by the approved regulator etc
25.(1) The Board must— (a) give the licensing authority a…
Publication of advice etc
26.(1) Nothing in paragraph 25 operates— (a) to prevent a…
Decision by the Board
27.(1) After considering— (a) any advice duly given under paragraphs…
SCHEDULE 11Licensing rules
Part 1 Licensing procedure
Applications for licences
1.(1) Licensing rules must make provision about the form and…
Determination of applications
2.(1) Licensing rules must make the following provision about the…
Review of determination
3.Licensing rules must make provision for review by the licensing…
Period of licence and renewal
4.(1) The licensing rules may make provision—
Continuity of licences
5.(1) Licensing rules may make provision about the effect, on…
Modification of licences
6.(1) Licensing rules must make provision about the form and…
Modifications under section 106 or 107
7.(1) Licensing rules must make provision about the form and…
8.(1) Licensing rules must make the following provision in relation…
Part 2 Structural requirements
Management
9.(1) Licensing rules must require a licensed body to comply…
10.(1) Licensing rules may make further provision as to—
Head of Legal Practice
11.(1) Licensing rules must include the following requirements.
12.(1) Licensing rules must make provision— (a) about the procedures…
Head of Finance and Administration
13.(1) Licensing rules must include the following requirements.
14.(1) Licensing rules must make provision— (a) about the procedures…
Part 3 Practice requirements
Practising address
15.(1) Licensing rules must require a licensed body, other than…
Licensed activities
16.Licensing rules must provide that a licensed body may carry…
Compliance with regulatory arrangements etc
17.(1) Licensing rules must include the following provision.
Disqualified employees
18.(1) Licensing rules must include the following requirement.
Indemnification arrangements and compensation arrangements
19.(1) For the purpose of giving effect to indemnification arrangements…
Accounts
20.(1) The licensing rules must make provision as to the…
Part 4 Regulation
Fees
21.(1) The licensing rules must require licensed bodies to pay…
Financial penalties
22.The licensing rules must make provision as to—
Disqualifications
23.(1) Licensing rules must make provision as to the criteria…
Suspension or revocation of licence under section 101
24.(1) Licensing rules must make the following provision.
25.Licensing rules may make provision about other circumstances in which…
26.(1) Licensing rules must make provision about the criteria and…
SCHEDULE 12Entitlement to make an application for a licence to the Board
Application to Board
1.(1) A licensable body may apply to the Board for…
Board’s decision on an application under paragraph 1
2.(1) On an application under paragraph 1 the Board must,…
Licensing authority’s duty to make relevant determinations
3.(1) A licensable body may apply to each competent licensing…
“The Board”
4.In this Schedule references to the Board, unless otherwise stated,…
“Competent licensing authority”
5.“Competent licensing authority”, in relation to a licensable body, means…
“Potentially competent licensing authority”
6.(1) “Potentially competent licensing authority”, in relation to a licensable…
“Suitable regulatory arrangements”
7.(1) “Suitable regulatory arrangements”, in relation to a licensable body…
SCHEDULE 13Ownership of licensed bodies
Part 1 Introductory
Restricted interests subject to approval
1.(1) The holding by a non-authorised person of a restricted…
Restricted interest
2.(1) “Restricted interest” means each of the following—
Material interest
3.(1) For the purposes of this Part of this Act,…
Controlled interest
4.(1) For the purposes of this Schedule, a person holds…
Associates, parent undertakings and voting power
5.(1) For the purposes of this Schedule “associate”, in relation…
The approval requirements
6.(1) For the purposes of this Schedule, the approval requirements…
Approval of multiple restricted interests
7.(1) This paragraph applies if a person (“P”) holds a…
Board’s power to prescribe rules
8.In this Schedule “prescribed” means prescribed by rules made by…
Lord Chancellor’s power to modify
9.The Lord Chancellor may, on the recommendation of the Board,…
Part 2 Approval of restricted interests on application for licence
Requirement to identify non-authorised persons
10.(1) Where a body applies to a licensing authority for…
11.(1) It is an offence for a person to fail…
12.(1) This paragraph applies if a person under a duty…
Requirement to notify non-authorised persons
13.(1) Where an applicant for a licence identifies a non-authorised…
Licensing authority’s power to require information
14.(1) A licensing authority may require a non-authorised person identified…
Licence may not be granted unless non-authorised persons approved
15.(1) This paragraph applies where an applicant for a licence…
Unconditional approval of notified interest
16.(1) If the licensing authority is satisfied that the approval…
Conditional approval of notified interest
17.(1) If the licensing authority is not satisfied that the…
18.(1) The investor and the applicant may before the end…
Objection to notified interest
19.(1) If the licensing authority is not satisfied that the…
20.(1) The investor and the applicant may before the end…
Part 3 Approval of restricted interests after licence is issued
Powers of licensing authority in relation to change of interests
Continuing notification requirements
21.(1) This paragraph applies where a non-authorised person (“the investor”)—…
Offences in connection with paragraph 21
22.(1) It is an offence for a person to fail…
23.(1) This paragraph applies if a person under the duty…
24.(1) It is an offence for a non-authorised person, who…
Duty of licensing authority following notification etc.
25.(1) The relevant licensing authority must— (a) following receipt of…
Licensing authority’s power to require information
26.(1) A licensing authority may require the investor to provide…
Unconditional approval of notifiable interest
27.(1) If the licensing authority is satisfied that the approval…
Conditional approval of notifiable interest
28.(1) If the licensing authority is not satisfied that the…
29.(1) The investor and the licensed body may before the…
Duration of unconditional or conditional approval
30.In a case within paragraph 21(1)(a), the licensing authority’s approval…
Objection to acquisition of notifiable interest
31.(1) If the licensing authority is not satisfied that the…
32.(1) The investor and the licensed body may before the…
Powers of licensing authority where no change of interests
Imposition of conditions (or further conditions) on existing restricted interest
33.(1) The relevant licensing authority may impose conditions (or further…
34.(1) The person and the licensed body may before the…
Variation and cancellation of conditions
35.(1) A person whose holding of a restricted interest in…
Objection to existing restricted interest
36.(1) The relevant licensing authority may object to a person’s…
37.(1) The person and the licensed body may before the…
Part 4 Additional restrictions
Power to impose share limit, voting limit etc
38.(1) Licensing rules may provide that— (a) a non-authorised person…
Obligation to notify where share limit or voting limit exceeded
39.(1) This paragraph applies in relation to a licensed body,…
40.(1) This paragraph applies if a person under the duty…
Part 5 Enforcement
Divestiture
The divestiture condition
41.(1) The divestiture condition is satisfied in relation to a…
42.(1) If the relevant licensing rules make the provision mentioned…
Application for divestiture
43.(1) If the divestiture condition is satisfied in relation to…
Restriction notice
44.(1) A restriction notice is a notice directing that such…
Divestiture by High Court
45.(1) If the divestiture condition is satisfied by virtue of…
Conditions
Enforcement of conditions
46.(1) If a person holds a restricted interest in a…
Records of decisions
Duty to notify Board of decisions under this Schedule
47.(1) The relevant licensing authority must notify the Board where—…
48.(1) A licensing authority must notify the Board where under…
Power to notify Board where share limit or voting limit breached
49.(1) This paragraph applies if the relevant licensing rules make…
50.(1) The person concerned and the licensed body may before…
Board’s list of persons subject to objections and conditions
51.(1) The Board must keep a list of the persons…
SCHEDULE 14Licensing authority’s powers of intervention
Introductory
1.(1) This Schedule applies— (a) where, in relation to a…
Money: prohibition on payment
2.(1) The licensing authority may apply to the High Court…
Money etc: vesting in licensing authority
3.(1) The sums of money to which this paragraph applies,…
4.(1) Any rights to which this paragraph applies shall vest…
5.(1) If the licensing authority takes possession of any sum…
6.(1) The licensing authority may make rules governing its treatment…
Money: information
7.(1) The licensing authority may apply to the High Court…
Notice to produce or deliver documents
8.(1) The licensing authority may give notice to the licensed…
Order to produce or deliver documents
9.(1) The High Court may, on the application of the…
Taking possession of documents etc under notice or order
10.(1) This paragraph applies where the licensing authority takes possession…
Mail and other forms of communication
11.(1) The High Court, on the application of the licensing…
Use of documents in licensing authority’s possession
12.(1) The licensing authority may apply to the High Court…
13.(1) The licensing authority may take copies of or extracts…
Trusts
14.(1) If the licensed body is a trustee of any…
General powers of licensing authority
15.The powers conferred by this Schedule in relation to sums…
16.The licensing authority may do all things which are reasonably…
Licensing authority’s costs
17.(1) Any costs incurred by the licensing authority for the…
18.(1) The High Court, on the application of the licensing…
SCHEDULE 15The Office for Legal Complaints
Membership
1.(1) The OLC is to consist of the following members—…
2.(1) In appointing members of the OLC, the Board must…
3.(1) An ombudsman may be a member (but not chairman)…
4.In appointing members of the OLC, the Board must have…
Terms of appointment and tenure of members
5.A member of the OLC is to hold and vacate…
6.(1) A member of the OLC must be appointed for…
7.If a member of the OLC who is a lay…
8.(1) A member may at any time—
9.The chairman ceases to be chairman upon ceasing to be…
Remuneration etc of members
10.The chairman and other members of the OLC are to…
11.The terms of appointment of the chairman or any other…
12.If the Board thinks there are circumstances that make it…
Staff
13.The OLC may appoint such staff as it considers appropriate…
14.Staff appointed under paragraph 13 are to be—
15.A member of staff appointed under paragraph 13 may be…
16.The terms and conditions on which an ombudsman, or any…
17.The OLC may pay compensation for loss of employment to…
Arrangements for assistance
18.(1) The OLC may make arrangements with such persons as…
Committees
19.(1) The OLC may establish committees. (2) Any committee so…
Proceedings
20.(1) The OLC may regulate its own procedure, and the…
21.The validity of any act of the OLC is not…
Delegation of functions
22.(1) The OLC may authorise— (a) the chairman or any…
Budget
23.(1) The OLC must, before the start of each financial…
Land
24.(1) During the initial 5 year period, the OLC must…
Borrowing
25.(1) The OLC must not borrow money, except—
Accounts
26.(1) The OLC must— (a) keep proper accounts and proper…
Status
27.(1) The OLC is not to be regarded—
Application of seal and proof of instruments
28.The application of the seal of the OLC is to…
29.Any contract or instrument which, if entered into or executed…
30.A document purporting to be duly executed under the seal…
Disqualification
31.(1) In Part 2 of Schedule 1 to the House…
Freedom of information
32.In Part 6 of Schedule 1 to the Freedom of…
Public records
33.In Schedule 1 to the Public Records Act 1958 (c….
Exemption from liability in damages
34.(1) This paragraph applies to— (a) the OLC,
SCHEDULE 16The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 The Solicitors Act 1974 (c. 47)
1.The Solicitors Act 1974 is amended in accordance with this…
2.In section 1A (practising certificates: employed solicitors)—
3.The Solicitors Act 1974 (c. 47)
4.In section 2 (training regulations)— (a) in subsection (1) omit…
5.In section 3 (admission as solicitor), in subsection (2)—
6.In section 6 (keeping of the roll) omit subsections (2)…
7.In section 7 (entry of name and restoration of name…
8.(1) Section 8 (removal or restoration of name at solicitor’s…
9.For sections 9 and 10 (applications for and issue of…
10.After section 10 (as inserted by paragraph 9) insert— Register…
11.For section 11 (fee payable on issue of practising certificate)…
12.Omit section 12 (discretion of Society with respect to issue…
13.Omit section 12A (additional fee payable by certain solicitors on…
14.For section 13 (appeals in connection with issue of practising…
15.The Solicitors Act 1974 (c. 47)
16.(1) Section 13A (imposition of conditions while practising certificates are…
17.In section 13B (suspension of practising certificates where solicitors convicted…
18.Omit section 14 (commencement, expiry and replacement of practising certificates)….
19.In section 15 (suspension of practising certificates), in subsection (1A)—…
20.(1) Section 16 (duration of suspension of practising certificates) is…
21.In section 17 (publicity in relation to suspension of practising…
22.The Solicitors Act 1974 (c. 47)
23.For section 18 (evidence as to holding of practising certificates)…
24.Omit section 19 (rights of practising and rights of audience)….
25.For section 20 (unqualified person not to act as solicitor)…
26.Omit— (a) sections 22 and 22A (unqualified person not to…
27.In section 24 (application of penal provisions to body corporate),…
28.In section 26 (time limit for commencement of certain proceedings)…
29.Omit section 27 (saving for persons authorised to conduct legal…
30.(1) Section 28 (regulations) is amended as follows.
31.(1) Section 31 (rules as to professional practice, conduct and…
32.(1) Section 32 (accounts rules and trust accounts rules) is…
33.(1) Section 33 (interest on clients’ money) is amended as…
34.(1) Section 33A (inspection of practice bank accounts etc) is…
35.(1) Section 34 (accountants’ reports) is amended as follows.
36.After section 34 insert— Sole solicitors Employees of solicitors (1) Rules made by the Society may provide for any…
37.For section 36 (compensation fund) substitute— Compensation grants (1) The Society may make rules concerning the grant of…
38.In section 37 (professional indemnity)— (a) in subsection (1) for…
39.Omit section 37A (redress for inadequate professional services).
40.Omit section 40 (solicitor not to commence or defend actions…
41.(1) Section 41 (employment by solicitor of person struck off…
42.(1) Section 43 (control of solicitors’ employees and consultants) is…
43.In section 44 (offences in connection with orders under section…
44.For section 44B (examination of files) substitute— Provision of information…
45.For section 44C (payment of costs of investigations) substitute— Power…
46.After that section insert— Disciplinary powers of the Society Disciplinary…
47.(1) Section 46 (solicitors disciplinary tribunal) is amended as follows….
48.After that section insert— Funding of the Tribunal (1) The Tribunal must submit to the Society in respect…
49.In section 47 (jurisdiction and powers of Tribunal)—
50.In section 48 (orders of Tribunal)— (a) in subsection (2)(b)—…
51.(1) Section 49 (appeals from Tribunal) is amended as follows….
52.After that section insert— Appeals to the Tribunal instead of…
53.In section 54 (restrictions on powers to strike names off…
54.(1) Section 56 (orders as to remuneration for non-contentious business)…
55.In section 57 (non-contentious business agreements)— (a) in subsection (2)…
56.In section 60 (effect of contentious business agreements)—
57.In section 61 (enforcement of contentious business agreements)—
58.In section 62 (contentious business agreements by certain representatives)—
59.In section 63 (effect on contentious business agreement of death…
60.In section 64 (form of bill of costs for contentious…
61.In section 65 (security for costs and termination of retainer),…
62.In section 66 (taxations with respect to contentious business)—
63.In section 67 (inclusion of disbursements in bill of costs),…
64.(1) Section 69 (action to recover solicitor’s costs) is amended…
65.In section 70 (taxation on application of party chargeable or…
66.In section 71 (taxation on application of third parties)—
67.In section 72 (supplementary provisions as to taxations)—
68.In section 73 (charging orders), in subsection (1)—
69.In section 74 (special provisions as to contentious business done…
70.Omit the following provisions— section 76 (non-practising solicitors eligible for…
71.For section 79 (committees and sub-committees of the Council) substitute—…
72.In section 80 (powers to act on behalf of Society)—…
73.Omit sections 81 and 81A (administration of oaths and taking…
74.Before section 87 (interpretation) insert— Rules (1) Rules made by the Society under this Act may…
75.In section 87(1) (interpretation)— (a) in the definition of “client…
76.In section 89 (consequential amendments etc.), omit subsection (7).
77.(1) Schedule 1 (intervention in solicitor’s practice) is amended as…
78.Omit Schedule 1A (inadequate professional services).
79.Omit Schedule 2 (the compensation fund).
Part 2 The Administration of Justice Act 1985 (c. 61)
80.The Administration of Justice Act 1985 is amended in accordance…
81.(1) Section 9 (incorporated practices) is amended as follows.
82.After that section insert— Legal services bodies (1) For the purposes of section 9, a “legal services…
83.(1) Section 10 (penalty for pretending to be a body…
84.(1) Section 43 (jurisdiction and powers of Solicitors Disciplinary Tribunal…
85.In the title of Schedule 2, for “Incorporated practices” substitute…
86.In paragraph 1 of that Schedule (interpretation)—
87.For paragraph 2 of that Schedule (appeal against refusal of…
88.For paragraph 3 of that Schedule (accounts rules) substitute— (1) This paragraph applies where rules made under section 32(1)…
89.In paragraph 4 of that Schedule (interest on clients’ money)—…
90.After that paragraph insert— Where rules made under section 32 of the 1974 Act…
91.For paragraph 4A of that Schedule (inspection of bank accounts)…
92.For paragraph 5 of that Schedule (accountants’ reports) substitute— Where rules made under section 34 of the 1974 Act…
93.After that paragraph insert— Where rules made under section 34 of the 1974 Act…
94.For paragraph 6 of that Schedule (compensation fund) substitute— (1) Section 36 of the 1974 Act applies in relation…
95.In paragraph 7 of that Schedule (solicitor who is justice…
96.In paragraph 9 of that Schedule (restriction on employment of…
97.In paragraph 10 of that Schedule (failure to disclose striking…
98.Omit paragraph 11 of that Schedule (control of employment of…
99.Omit paragraph 12 of that Schedule (offences in connection with…
100.Omit paragraph 13 of that Schedule (redress for inadequate professional…
101.For paragraph 14 of that Schedule (examination of files) substitute—…
102.For paragraph 14A of that Schedule (payment of costs of…
103.After that paragraph insert— Disciplinary powers of the Society (1) This paragraph applies where the Society is satisfied that…
104.In paragraph 16 of that Schedule (complaints to Tribunal with…
105.In paragraph 17 of that Schedule (procedure on applications and…
106.In paragraph 18 of that Schedule (powers of Tribunal with…
107.After that paragraph insert— (1) Where, on the hearing of any complaint made to…
108.In paragraph 20 of that Schedule (powers of Tribunal in…
109.In paragraph 21 of that Schedule (revocation of recognition by…
110.In paragraph 23 (orders as to remuneration for non-contentious business)—…
111.For paragraph 24 of that Schedule (effect of contentious business…
112.In paragraph 25 of that Schedule (effect of supervening incapacity…
113.In paragraph 26 of that Schedule (taxations with respect to…
114.In paragraph 28 (power of court to order recognised body…
115.For paragraph 29 of that Schedule (actions to recover costs)…
116.In paragraph 30 (power of Society to inspect files relating…
117.In paragraph 31 of that Schedule (bank accounts)—
118.After that paragraph insert— Where rules made under section 32(1) of the 1974 Act…
119.(1) Paragraph 32 of that Schedule (intervention by Society) is…
120.For paragraph 33 of that Schedule (further grounds for intervention)—…
121.In paragraph 34 of that Schedule (powers of intervention on…
122.In paragraph 35 of that Schedule (provision relating to the…
123.In paragraph 36 of that Schedule (privilege from disclosure etc)—…
Part 3 The Courts and Legal Services Act 1990 (c. 41)
124.The Courts and Legal Services Act 1990 is amended in…
125.In section 89 (foreign lawyers: recognised bodies and partnerships with…
126.Schedule 14 to that Act (foreign lawyers: partnerships and recognised…
127.In paragraph 1 (interpretation) omit the definitions of “the Council”…
128.In paragraph 2 (application for registration)— (a) for “Council” in…
129.After paragraph 2 insert— (1) The Society may direct that a foreign lawyer’s registration…
130.In paragraph 3 (duration of registration) in sub-paragraphs (2) and…
131.In paragraph 5 (intervention in practices)— (a) in sub-paragraph (3)(a)…
132.For paragraph 6 (compensation fund) substitute— Section 36 of the 1974 Act applies in relation to…
133.For paragraph 7 (contributions to fund) substitute— Section 36A(2) and (3) of the 1974 Act applies in…
134.For paragraph 8 (accountants’ reports) substitute — Section 34 of the Act of 1974 applies in relation…
135.In paragraph 14 (appeal against conditions or refusals)—
136.In paragraph 15 (jurisdiction and powers of disciplinary tribunal)—
137.In paragraph 16(2) (foreign lawyers assisting Tribunal) for “Master of…
138.In paragraph 17 (appeals from Tribunal)— (a) in sub-paragraph (1)…
SCHEDULE 17Licensed conveyancing
Part 1 Administration of Justice Act 1985 (c. 61)
1.Part 2 of the Administration of Justice Act 1985 (licensed…
2.In section 11 (provision of conveyancing services by licensed conveyancers)—…
3.In section 12 (establishment of the Council), omit subsection (2)….
4.(1) Section 15 (issue of licences by Council) is amended…
5.(1) Section 16 (conditional licences) is amended as follows.
6.After section 16 insert— Additional fee payable by certain persons…
7.(1) Section 17 (imposition of conditions during currency of licence)…
8.After section 17 insert— Variation of conditions (1) This section applies where a licensed conveyancer’s licence has…
9.In section 18 (suspension or termination of licences), after subsection…
10.In section 20 (rules as to professional practice, conduct and…
11.In section 22 (keeping of accounts and establishment of client…
12.(1) Section 24 (preliminary investigation of disciplinary cases) is amended…
13.After section 24 insert— Determination of allegations by Investigating Committee…
14.In section 25 (the Discipline and Appeals Committee), in subsection…
15.(1) Section 26 (proceedings in disciplinary cases) is amended as…
16.In section 27 (removal of disqualification from holding a licence),…
17.In section 28 (revocation of licence on grounds of fraud…
18.In section 29 (appeals from decisions of Council in relation…
19.(1) Section 31 (application of Schedule 5) is amended as…
20.(1) Section 32 (provision of conveyancing services by recognised bodies)…
21.After section 32 (provision of conveyancing by recognised bodies) insert—…
22.For section 33 (legal professional privilege), substitute— Legal professional privilege…
23.After that section insert— Administration of oaths by licensed conveyancers…
24.In section 34 (modification of existing enactments relating to conveyancing…
25.In section 35 (penalty for pretending to be a licensed…
26.In section 36 (offences by bodies corporate)—
27.In section 38 (rules)— (a) omit subsection (1), and
28.In section 39(1) (interpretation of Part 2)—
29.(1) Schedule 3 (Council for Licensed Conveyancers: supplementary provisions) is…
30.(1) Schedule 4 (the Discipline and Appeals Committee: supplementary provisions)…
31.(1) Schedule 5 (intervention in licensed conveyancer’s practice) is amended…
32.(1) Schedule 6 (bodies recognised under section 32: supplementary provisions)…
Part 2 Courts and Legal Services Act 1990 (c. 41)
33.The Courts and Legal Services Act 1990 is amended in…
34.(1) Section 53 (the Council for Licensed Conveyancers) is amended…
35.(1) Schedule 8 (licensed conveyancers) is amended as follows.
SCHEDULE 18Immigration advice and immigration services
Part 1 Qualifying regulators
Designation orders
1.In this Part of this Schedule “designation order” means an…
Continuity of existing rights
2.Each of the following bodies is a qualifying regulator for…
Application to become a qualifying regulator
3.(1) This paragraph applies where a body wishes to become…
Consultation and representations
4.Paragraphs 4 to 12 of Schedule 4 (consultation requirements etc…
Determination of application
5.(1) The Board must make rules specifying how it will…
6.(1) After considering— (a) the application and accompanying material,
Effect of application
7.(1) Where an application is granted under paragraph 6, the…
Loss of qualifying regulator status
8.(1) Where a qualifying regulator— (a) ceases to be an…
Part 2 Amendments of the Immigration and Asylum Act 1999 (c. 33)
9.The Immigration and Asylum Act 1999 is amended in accordance…
10.In section 82(1) (interpretation of Part 5), after the definition…
11.In section 83 (the Immigration Services Commissioner), after subsection (6)…
12.(1) Section 84 (provision of immigration services) is amended as…
13.(1) Section 86 (designated professional bodies) is amended as follows….
14.After section 86 insert— Designated qualifying regulators (1) “Designated qualifying regulator” means a body which is a…
15.(1) Section 90 (orders by disciplinary bodies) is amended as…
16.In section 166(4) (orders requiring approval by Parliament), after paragraph…
17.(1) Schedule 5 (the Immigration Services Commissioner) is amended as…
Part 3 Transitional provision
The transitional period
18.(1) In this Part of this Schedule references to “the…
Barristers etc
19.(1) During the transitional period, every barrister is deemed to…
20.(1) During the transitional period, every registered European lawyer registered…
Solicitors etc
21.(1) During the transitional period, each of the following is…
22.(1) During the transitional period, every registered European lawyer registered…
Legal Executives
23.(1) During the transitional period, a person who is authorised…
SCHEDULE 19Claims management services
….The Compensation Act 2006 (c. 29) is amended in accordance…
(1) Section 4 (provision of regulated claims management services) is…
(1) Section 5 (the Regulator) is amended as follows.
In section 6 (exemptions) after subsection (3) insert—
(1) Section 7 (enforcement: offence) is amended as follows.
(1) Section 8 (enforcement: the Regulator) is amended as follows….
In section 9 (regulations), after subsection (2) insert—
(1) Section 11 (pretending to be authorised etc ) is…
In section 13 (appeals and references to Claims Management Services…
In section 14 (interpretation), in the definition of “the Regulator”…
(1) The Schedule (claims management regulations) is amended as follows….
SCHEDULE 20Amendments 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….
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
2.In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit…
SCHEDULE 21Minor and consequential amendments
Public Notaries Act 1801 (c. 79)
1.The Public Notaries Act 1801 is amended in accordance with…
2.In section 1 (no person to be created to act…
3.In section 14 (Act not to extend to certain persons),…
Public Notaries Act 1843 (c. 90)
4.The Public Notaries Act 1843 is amended in accordance with…
5.After section 7 insert— Effect of admission or grant of…
6.In section 8 (Master of Faculties may issue commissions to…
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…
9.In section 51 (noting or protest of bill), after subsection…
10.In section 94 (protest when notary not accessible)—
Commissioners for Oaths Act 1889 (c. 10)
11.The Commissioners for Oaths Act 1889 is amended in accordance…
12.In section 1(3) (powers of commissioners for oaths) omit from…
13.In section 6 (powers as to oaths and notarial acts…
Benefices Act 1898 (c. 48)
14.In section 3 of the Benefices Act 1898 (appeal against…
Children and Young Persons Act 1933 (c. 12)
15.The Children and Young Persons Act 1933 is amended in…
16.In section 37(1) (power to clear court while child or…
17.In section 43 (admission of deposition in evidence), for “counsel…
18.In section 47(2)(b) (procedure in youth courts), for “solicitors and…
19.In section 49(11) (restrictions on reports of proceedings), omit the…
20.In section 107 (interpretation), after the definition of “legal guardian”…
London Building Acts (Amendment) Act 1939 (c. xcvii)
21.In section 115 of the London Building Acts (Amendment) Act…
Accommodation Agencies Act 1953 (c. 23)
22.In section 1 of the Accommodation Agencies Act 1953 (illegal…
Geneva Conventions Act 1957 (c. 52)
23.In section 3 of the Geneva Conventions Act 1957 (legal…
Horserace Betting Levy Act 1969 (c. 14)
24.In section 4 of the Horserace Betting Levy Act 1969…
Taxes Management Act 1970 (c. 9)
25.In section 20B of the Taxes Management Act 1970 (restrictions…
Powers of Attorney Act 1971 (c. 27)
26.In section 3 of the Powers of Attorney Act 1971…
Poisons Act 1972 (c. 66)
27.In section 9(7) of the Poisons Act 1972 (right to…
Local Government Act 1972 (c. 70)
28.In section 223 of the Local Government Act 1972 (appearance…
Matrimonial Causes Act 1973 (c. 18)
29.In section 6 of the Matrimonial Causes Act 1973 (attempts…
Fair Trading Act 1973 (c. 41)
30.In section 29 of the Fair Trading Act 1973 (powers…
Consumer Credit Act 1974 (c. 39)
31.In section 146 of the Consumer Credit Act 1974 (exceptions…
Sex Discrimination Act 1975 (c. 65)
32.In section 77 of the Sex Discrimination Act 1975 (validity…
Bail Act 1976 (c. 63)
33.The Bail Act 1976 is amended in accordance with paragraphs…
34.In section 3 (general provisions), in subsection (6)(e) for “an…
35.In section 5 (supplementary provisions about decisions on bail)—
Race Relations Act 1976 (c. 74)
36.The Race Relations Act 1976 is amended in accordance with…
37.In section 67A (national security: procedure), in subsection (3)(a) for…
38.In section 72 (validity and revision of contracts), in subsection…
39.. . . . . . . . . ….
Patents Act 1977 (c. 37)
40.In section 102 of the Patents Act 1977 (rights of…
Estate Agents Act 1979 (c. 38)
41.In section 11 of the Estate Agents Act 1979 (powers…
Magistrates’ Courts Act 1980 (c. 43)
42.The Magistrates’ Courts Act 1980 is amended in accordance with…
43.In section 144 (rule committee and rules of procedure)—
44.In section 150 (interpretation), in subsection (1), in the definition…
Supreme Court Act 1981 (c. 54)
45.The Supreme Court Act 1981 is amended in accordance with…
46.In section 86 (Crown Court Rule Committee)—
47.In section 90(3B) (conduct of proceedings by Official Solicitor) for…
Representation of the People Act 1983 (c. 2)
48.The Representation of the People Act 1983 is amended in…
49.In section 86 (authorised excuses for failures as to return…
50.In section 156 (costs of trying election petition)—
51.In section 162 (member of legal and certain other professions)—…
52.In section 181 (Director of Public Prosecutions)—
Mental Health Act 1983 (c. 20)
53.The Mental Health Act 1983 is amended in accordance with…
54.In section 35 (remand to hospital for report on accused’s…
55.In section 36 (removal of accused person to hospital for…
56.In section 38 (interim hospital orders), in subsection (2) for…
57.In section 52 (further provisions as to persons remanded by…
58.In section 54 (requirements as to medical evidence), in subsection…
59.In section 55 (interpretation of Part 3), in subsection (1)…
60.In section 78 (procedure of Mental Health Review Tribunals), in…
County Courts Act 1984 (c. 28)
61.In section 147 of the County Courts Act 1984 (interpretation),…
Inheritance Tax Act 1984 (c. 51)
62.In section 219 of the Inheritance Tax Act 1984 (power…
Companies Act 1985 (c. 6)
63.In Schedule 15D of the Companies Act 1985 (disclosures)—
Prosecution of Offences Act 1985 (c. 23)
64.In section 15 of the Prosecution of Offences Act 1985…
Administration of Justice Act 1985 (c. 61)
65.The Administration of Justice Act 1985 is amended in accordance…
66.In section 41 (application of disciplinary provisions to legal aid…
67.In section 69(2) (commencement) for “Secretary of State” substitute “…
Social Security Act 1986 (c. 50)
68.In section 56 of the Social Security Act 1986 (legal…
Building Societies Act 1986 (c. 53)
69.The Building Societies Act 1986 is amended in accordance with…
70.In section 52 (powers to obtain information and documents etc)—…
71.In section 67 (directors, etc, not to accept commission in…
72.In section 69 (disclosure and record of income of related…
Ministry of Defence Police Act 1987 (c. 4)
73.In section 4 of the Ministry of Defence Police Act…
Income and Corporation Taxes Act 1988 (c. 1)
74.In the Income and Corporation Taxes Act 1988, in section…
Copyright, Designs and Patents Act 1988 (c. 48)
75.The Copyright, Designs and Patents Act 1988 is amended in…
76.In section 276 (persons entitled to describe themselves as patent…
77.In section 280 (privilege for communications with patent agents)—
78.In section 281 (power of comptroller to refuse to deal…
79.In section 286 (interpretation)— (a) for “agent”” substitute “ attorney…
80.Omit section 292 (rights and duties of registered patent agents…
Law of Property (Miscellaneous Provisions) Act 1989 (c. 34)
81.In section 1 of the Law of Property (Miscellaneous Provisions)…
Companies Act 1989 (c. 40)
82.In section 87 of the Companies Act 1989 (exceptions from…
Courts and Legal Services Act 1990 (c. 41)
83.The Courts and Legal Services Act 1990 is amended in…
84.Omit the following provisions— (a) section 17 (the statutory objective…
85.In section 31B (advocates and litigators employed by Legal Services…
86.In section 31C (change of authorised body)—
87.Omit sections 34 to 52 (extension of conveyancing services).
88.Omit sections 54 and 55 (preparation of probate papers etc)….
89.In section 60 (regulation of right of Scottish and Northern…
90.After that section insert— Procedural requirements relating to recommendations for…
91.Omit section 63 (legal professional privilege).
92.Omit section 69 (exemption from liability for damages etc).
93.Omit section 70 (offences).
94.In section 71 (qualification for judicial and certain other appointments)—…
95.In section 75 (judges etc barred from legal practice), after…
96.Omit section 113 (administration of oaths and taking of affidavits)….
97.(1) Section 119 (interpretation) is amended as follows.
98.In section 120 (regulations and orders) omit—
99.In section 125 (power to make provision consequential on provision…
100.Omit the following provisions— (a) Schedule 4 (authorised bodies);
101.In paragraph 17 of Schedule 19 (revocation of appointment under…
Environmental Protection Act 1990 (c. 43)
102.In section 114 (appointment etc of inspectors), in subsection (4)…
Friendly Societies Act 1992 (c. 40)
103.In section 62 of the Friendly Societies Act 1992 (powers…
Trade Union and Labour Relations Consolidation Act 1992 (c. 52)
104.The Trade Union and Labour Relations Consolidation Act 1992 is…
105.In section 194 (offence of failure to notify), in subsection…
106.In section 216 (constitution and proceedings of court of inquiry)—…
107.In section 288 (restriction on contracting out), in subsection (4B)(a)…
Finance Act 1993 (c. 34)
108.In Schedule 21 of the Finance Act 1993 (oil taxation)—…
Trade Marks Act 1994 (c. 26)
109.The Trade Marks Act 1994 is amended in accordance with…
110.In section 52 (power to make provision in connection with…
111.In section 84 (unregistered persons not to be described as…
112.In section 86 (use of the term “trade mark attorney”)…
113.In section 87 (privilege for communications with registered trade mark…
114.In section 88 (power of registrar to refuse to deal…
115.In section 104 (index of defined expressions, in the entry…
Criminal Justice and Public Order Act 1994 (c. 33)
116.In section 38 of the Criminal Justice and Public Order…
Environment Act 1995 (c. 25)
117.In section 54 of the Environment Act 1995 (appearance in…
Disability Discrimination Act 1995 (c. 50)
118.In Part 1 of Schedule 3A to the Disability Discrimination…
Police Act 1996 (c. 16)
119.In section 84 of the Police Act 1996 (representation at…
Employment Rights Act 1996 (c. 18)
120.In section 203 of the Employment Rights Act 1996 (restrictions…
Family Law Act 1996 (c. 27)
121.In Schedule 4 of the Family Law Act 1996—
Civil Procedure Act 1997 (c. 12)
122.In section 2 of the Civil Procedure Act 1997 (Civil…
Sexual Offences (Protected Material) Act 1997 (c. 39)
123.In section 2 of the Sexual Offences (Protected Material) Act…
National Minimum Wage Act 1998 (c. 39)
124.The National Minimum Wage Act 1998 is amended in accordance…
125.In section 33 (proceedings for offences)— (a) in subsection (1)…
126.In section 49 (restrictions on contracting out) for subsection (7)(a)…
Access to Justice Act 1999 (c. 22)
127.The Access to Justice Act 1999 is amended in accordance…
128.In section 16(4) (code of conduct) after “consult” insert “…
129.In section 44 (barristers employed by solicitors)—
130.In section 45 (fees on application for appointment as Queen’s…
131.In section 46 (Bar practising certificates)— (a) omit subsection (2)(b)…
Youth Justice and Criminal Evidence Act 1999 (c. 23)
132.In section 63 of the Youth Justice and Criminal Evidence…
Criminal Justice and Court Services Act 2000 (c. 43)
133.In section 15 of the Criminal Justice and Court Services…
Finance Act 2002 (c. 23)
134.The Finance Act 2002 is amended in accordance with paragraphs…
135.In Schedule 34 (stamp duty: withdrawal of group relief: supplementary…
136.In Schedule 35 (stamp duty: withdrawal of relief for company…
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
137.In section 343 of the Income Tax (Earnings and Pensions)…
Finance Act 2003 (c. 14)
138.In Schedule 13 to the Finance Act 2003 (stamp duty…
Licensing Act 2003 (c. 17)
139.The Licensing Act 2003 is amended in accordance with paragraphs…
140.In section 58 (meaning of “certified copy” in section 57…
141.In section 95 (meaning of “certified copy” in section 94…
Courts Act 2003 (c. 39)
142.The Courts Act 2003 is amended in accordance with paragraphs…
143.In section 70 (Criminal Procedure Rule Committee)—
144.(1) Section 77 (Family Procedure Rule Committee) is amended as…
Criminal Justice Act 2003 (c. 44)
145.The Criminal Justice Act 2003 is amended in accordance with…
146.In section 56 (interpretation of Part 8), in subsection (1),…
147.In section 159 (disclosure of pre-sentence reports etc), in subsection…
148.In section 160 (other reports of local probation boards and…
Children Act 2004 (c. 31)
149.In section 37 of the Children Act 2004 (Welsh family…
Civil Partnership Act 2004 (c. 33)
150.In section 42 of the Civil Partnership Act 2004 (attempts…
Public Services Ombudsman (Wales) Act 2005 (c. 10)
151.In section 13 of the Public Services Ombudsman (Wales) Act…
Equality Act 2006 (c. 3)
152.In Schedule 2 to the Equality Act 2006 (representations to…
Natural Environment and Rural Communities Act 2006 (c. 16)
153.In section 12(2) of the Natural Environment and Rural Communities…
National Health Service Act 2006 (c. 41)
154.In section 194(4) of the National Health Service Act 2006…
National Health Service (Wales) Act 2006 (c. 42)
155.In section 142(4) of the National Health Service (Wales) Act…
Companies Act 2006 (c. 46)
156.In Schedule 2 to the Companies Act 2006 (exceptions from…
Income Tax Act 2007 (c. 3)
157.The Income Tax Act 2007 is amended in accordance with…
158.In section 748 (power to obtain information)—
159.In section 749 (restrictions on particulars to be provided by…
160.In section 771 (power to obtain information)—
161.In section 788 (power to obtain information)—
Tribunals, Courts and Enforcement Act 2007 (c. 15)
162.(1) Section 51 of the Tribunals, Courts and Enforcement Act…
SCHEDULE 22Transitional and transitory provision
Transitory power to modify the functions of bodies
1.(1) Paragraphs 2 to 4 have effect until such time…
2.(1) The Lord Chancellor may by order modify, or make…
3.(1) This paragraph applies where a body makes a recommendation…
4.Paragraphs 2 and 3 apply in relation to the Solicitors…
Approved regulators
5.(1) Sub-paragraph (2) applies where during the pre-commencement period—
Licensed Conveyancers
6.(1) In this paragraph the transitional period means the period…
7.(1) This paragraph applies to any licence issued by the…
8.Until the repeal of paragraphs 17 and 19 of Schedule…
Exercise of Board’s functions pending appointment of Chief Executive
9.(1) Until the first Chief Executive of the Board is…
Interim Chief Executive of the OLC
10.(1) The Lord Chancellor may appoint a person as the…
1 Solicitors
11.(1) Until such time as section 59(1) of the Constitutional…
Solicitors Act 1974 (c. 47)
12.(1) During the transitional period, the reference to an authorised…
13.(1) During the transitional period, section 44B of the Solicitors…
14.(1) During the transitional period, section 69 of the Solicitors…
Recognised bodies
15.(1) During the transitional period, any reference in sections 9,…
16.(1) During the transitional period (within the meaning of paragraph…
17.(1) During the relevant period, the legal professional privilege provisions…
Functions transferred to the Lord Chancellor
18.(1) This paragraph applies where, by virtue of an amendment…
SCHEDULE 23Repeals
SCHEDULE 24Index of defined expressions
