Change 1 Article Choose an article Title and introductory text 1 The regulatory objectives 2 The Legal Services Board 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 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 12 Meaning of “reserved legal activity” and “legal activity” 13 Entitlement to carry on a reserved legal activity 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 18 Authorised persons 19 Exempt persons 20 Approved regulators and relevant approved regulators 21 Regulatory arrangements 22 Continuity of existing rights to carry on reserved legal activities 23 Transitional protection for non-commercial bodies 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 27 Regulatory and representative functions of approved regulators 28 Approved regulator's duty to promote the regulatory objectives etc 29 Prohibition on the Board interfering with representative functions 30 Rules relating to the exercise of regulatory functions 31 Performance targets and monitoring 32 Directions 33 Directions: procedure 34 Enforcement of directions 35 Public censure 36 Public censure: procedure 37 Financial penalties 38 Financial penalties: procedure 39 Appeals against financial penalties 40 Recovery of financial penalties 41 Intervention directions 42 Intervention directions: further provision 43 Intervention directions: enforcement 44 Revocation of intervention directions 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 49 The Board's policy statements 50 Policy statements: procedure 51 Control of practising fees charged by approved regulators 52 Regulatory conflict with approved regulators 53 Modification of provision made about regulatory conflict 54 Regulatory conflict with other regulatory regimes 55 Provision of information to the Board 56 Enforcement of notices under section 55 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 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 69 Modification of the functions of approved regulators etc 70 Procedural requirements relating to recommendations under section 69 71 Carrying on of activities by licensed bodies 72 “Licensable body” 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 80 Functions of appellate bodies 81 Procedural requirements relating to recommendations under section 80 82 Licensing authority policy statement 83 Licensing rules 84 Application for licence 85 Terms of licence 86 Modification of licence 87 Registers of licensed bodies 88 Evidence of status 89 Ownership 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 104 Prevention of regulatory conflict: accounts rules 109 Foreign bodies 110 Reporting requirements relating to Part 5 111 Interpretation of Part 5 111A The Law Society’s information powers relating to economic crime 111B Enforcement of information powers relating to economic crime 111C Provision of information relating to economic crime by other persons 111D Order to confer information powers on other approved regulators 111E The Board’s power to recommend orders under section 111D 112 Complaints procedures of authorised persons 113 Overview of the scheme 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 122 Appointment of the Chief Ombudsman and assistant ombudsmen 123 Annual report of Chief Ombudsman 124 Additional reports of Chief Ombudsman 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 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 143 Reporting possible misconduct to approved regulators 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 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 154 Protection from defamation claims 155 Consent requirements for rules 156 The Board's powers in respect of rules 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 160 Interpretation of Part 6 161 Extension of Part 6 to claims management services 162 Guidance 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 167 Restricted information 168 Disclosure of restricted information 169 Disclosure of information to the Board 170 Data protection 171 Use of information 172 Funding 173 The levy 174 The levy: supplementary provisions 174A OLC expenditure relating to claims management services 175 Amounts payable into the Consolidated Fund 176 Duties of regulated persons 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 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 188 Duties of advocates and litigators 189 Employed advocates 190 Legal professional privilege 192 Powers of court in respect of rights of audience and conduct of litigation 193 Solicitors to public departments and the City of London 194 Payments in respect of pro bono representation : civil courts in England and Wales 194A Payments in respect of pro bono representation: tribunals 194B Payments in respect of pro bono representation: Supreme Court 194C Sections 194 to 194B: the prescribed charity 195 Application of the Legal Profession and Legal Aid (Scotland) Act 2007 196 Scottish legal services ombudsman: functions 197 Offences committed by bodies corporate and unincorporated bodies 198 Local weights and measures authorities 199 Protected functions of the Lord Chancellor 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 204 Orders, regulations and rules 205 Consultation requirements for rules 206 Parliamentary control of orders and regulations 207 Interpretation 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 SCHEDULE 1 The Legal Services Board SCHEDULE 2 The reserved legal activities SCHEDULE 3 Exempt persons SCHEDULE 4 Approved regulators SCHEDULE 5 Authorised persons SCHEDULE 6 Alteration of reserved legal activities SCHEDULE 7 Directions: procedure SCHEDULE 8 Intervention directions: procedure SCHEDULE 9 Cancellation of designation as approved regulator SCHEDULE 10 Designation of approved regulators as licensing authorities SCHEDULE 11 Licensing rules SCHEDULE 12 Entitlement to make an application for a licence to the Board SCHEDULE 13 Ownership of licensed bodies SCHEDULE 14 Licensing authority's powers of intervention SCHEDULE 15 The Office for Legal Complaints SCHEDULE 16 The Law Society, solicitors, recognised bodies and foreign lawyers SCHEDULE 17 Licensed conveyancing SCHEDULE 18 Immigration advice and immigration services SCHEDULE 19 Claims management services SCHEDULE 20 Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5) SCHEDULE 21 Minor and consequential amendments SCHEDULE 22 Transitional and transitory provision SCHEDULE 23 Repeals SCHEDULE 24 Index of defined expressions
What to do with it
As published
188 Duties of advocates and litigators
(1) This section applies to a person who—
(a) exercises before any court a right of audience, or
(b) conducts litigation in relation to proceedings in any court,
by virtue of being an authorised person in relation to the activity in question.
(2) A person to whom this section applies has a duty to the court in question to act with independence in the interests of justice.
(3) That duty, and the duty to comply with relevant conduct rules imposed on the person by section 176(1), override any obligations which the person may have (otherwise than under the criminal law) if they are inconsistent with them.
(4) “Relevant conduct rules” are the conduct rules of the relevant authorising body which relate to the exercise of a right of audience or the conduct of litigation.
(5) The relevant authorising body is—
(a) the approved regulator by which the person is authorised to exercise the right of audience or conduct the litigation, or
(b) where the person is authorised to exercise the right of audience or conduct the litigation by the Board in its capacity as a licensing authority, the Board.
Your wording
Your change, as a redline
188 Duties of advocates and litigators
(1) This section applies to a person who—
(a) exercises before any court a right of audience, or
(b) conducts litigation in relation to proceedings in any court,
by virtue of being an authorised person in relation to the activity in question.
(2) A person to whom this section applies has a duty to the court in question to act with independence in the interests of justice.
(3) That duty, and the duty to comply with relevant conduct rules imposed on the person by section 176(1), override any obligations which the person may have (otherwise than under the criminal law) if they are inconsistent with them.
(4) “Relevant conduct rules” are the conduct rules of the relevant authorising body which relate to the exercise of a right of audience or the conduct of litigation.
(5) The relevant authorising body is—
(a) the approved regulator by which the person is authorised to exercise the right of audience or conduct the litigation, or
(b) where the person is authorised to exercise the right of audience or conduct the litigation by the Board in its capacity as a licensing authority, the Board.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.