In this Part—
“complainant”, in relation to a complaint, means the person who makes the complaint;
“relevant authorising body”, in relation to a person, means—
an approved regulator by which the person is authorised to carry on an activity which is a reserved legal activity, or
where the person is authorised to carry on such an activity by the Board in its capacity as a licensing authority, the Board;
“respondent”, in relation to a complaint, is to be construed in accordance with section 125 (except that, where scheme rules of the kind mentioned in section 133(3)(c) have effect, references to the “respondent” include a person treated as a co-respondent under those rules).
(1) The Board may give guidance—
(a) about the operation of this Act and of any order made under it;
(b) about the operation of any rules made by the Board under this Act;
(c) about any matter relating to the Board's functions;
(d) for the purpose of meeting the regulatory objectives;
(e) about the content of licensing rules;
(f) about any other matters about which it appears to the Board to be desirable to give guidance.
(2) Guidance under this section may consist of such information and advice as the Board considers appropriate.
(3) The Board may give financial or other assistance to persons giving information or advice of a kind which the Board could give under this section.
(4) The Board may—
(a) publish its guidance,
(b) offer copies of its published guidance for sale at a reasonable price, and
(c) if it gives guidance in response to a request made by any person, make a reasonable charge for that guidance.
(5) When exercising its functions, the Board may have regard to the extent to which an approved regulator has complied with any guidance issued under this section which is applicable to the approved regulator.
(6) When exercising its functions—
(a) in its capacity as an approved regulator by virtue of an order under section 62(1)(a), or
(b) in its capacity as a licensing authority under Part 5,
the Board must have regard to any guidance it has issued under this section.
(1) The Board may enter into arrangements with any person under which the Board is to provide assistance for the purpose of improving standards of service and promoting best practice in connection with the carrying on of any legal activity.
(2) These arrangements may (among other things) provide for the Board to give advice on—
(a) the best regulatory practice, or
(b) the contents of codes of practice or other voluntary arrangements.
(3) Arrangements under this section may include provision as to the terms on which assistance is to be provided by the Board (including provision as to payment).
(4) Where the Board enters into arrangements under this section, it must publish a statement giving details of the arrangements and explaining what they are intended to achieve.
164 Power to establish voluntary scheme for resolving complaints
(1) This section and section 166 provide for a scheme under which legal services complaints may be resolved quickly and with minimum formality by an independent person.
(2) The OLC may make rules (“voluntary scheme rules”) establishing such a scheme (“the voluntary scheme”), but only in relation to such kinds of legal services complaints as may be specified by order made by the Lord Chancellor for the purposes of this section.
(3) An order under subsection (2) may in particular specify a kind of legal services complaint by reference to the description of the complainant, of the respondent, or of the legal services to which the complaint relates.
(4) “Legal services complaint” means a complaint which relates to an act or omission of an eligible person (“the respondent”) in the course of that person providing legal services.
(5) For that purpose a person is eligible if at the time the act or omission took place there was no activity in relation to which the person—
(a) was an authorised person, or
(b) is to be regarded as having been such a person by virtue of section 129.
(6) Under the voluntary scheme—
(a) redress may be provided to the complainant, but
(b) no disciplinary action may be taken against the respondent.
(7) Voluntary scheme rules may confer functions on ombudsmen for the purposes of the voluntary scheme.
(8) Section 131 applies for the purposes of the voluntary scheme as it applies for the purposes of the ombudsman scheme.
(9) Sections 155 and 156 apply in relation to voluntary scheme rules as they apply in relation to scheme rules.
(10) In this section—
“legal services” means services provided by a person which consist of or include legal activities carried on by, or on behalf of, that person;
“the voluntary scheme” and “voluntary scheme rules” have the meaning given by subsection (2).
(1) The Lord Chancellor may make an order under section 164(2) only on the recommendation of an interested body.
(2) An interested body must, if requested to do so by the Lord Chancellor, consider whether or not it is appropriate to make a recommendation for such an order.
(3) An interested body must, before making a recommendation for such an order—
(a) publish a draft of the proposed recommendation,
(b) invite representations regarding the proposed recommendation, and
(c) consider any such representations which are made.
(4) Where the Lord Chancellor receives a recommendation from an interested body for an order under section 164(2), the Lord Chancellor must consider whether to follow the recommendation.
(5) If the Lord Chancellor decides not to follow the recommendation, the Lord Chancellor must publish a notice to that effect which includes the Lord Chancellor's reasons for the decision.
(6) In this section “interested body” means—
(a) the OLC,
(b) the Board, or
(c) the Consumer Panel.
(1) A complaint may be determined under the voluntary scheme only if—
(a) the complainant falls within a class of persons specified in voluntary scheme rules as qualified to make a complaint,
(b) the complainant wishes to have the complaint dealt with under the scheme,
(c) at the time of the act or omission to which the complaint relates, the respondent was participating in the scheme and voluntary scheme rules were in force in relation to the legal services in question, and
(d) at the time the complaint is made under the scheme the respondent has not withdrawn from the scheme in accordance with its provisions.
(2) A person qualifies for participation in the voluntary scheme if the person falls within a class of persons specified as qualified in voluntary scheme rules.
(3) In such circumstances as may be specified in voluntary scheme rules, a complaint may be dealt with under the voluntary scheme even though subsection (1)(c) would otherwise prevent that.
(4) Subsection (3) applies only if the respondent participates in the voluntary scheme on the basis that complaints of that kind are to be dealt with under the scheme.
(5) Complaints are to be dealt with and determined under the voluntary scheme on standard terms fixed by the OLC with the consent of the Board.
(6) The OLC may modify standard terms only with the consent of the Board.
(7) Section 204(3) applies to standard terms as it applies to rules made by the OLC.
(8) The standard terms may in particular make provision—
(a) requiring the making of payments to the OLC by persons participating in the scheme of such amounts, at such times and in such circumstances, as may be determined by the OLC;
(b) as to the award of costs on the determination of a complaint (including provision for an award of costs in favour of the OLC for the purpose of providing a contribution to resources deployed in dealing with the complaint).
(9) In this section “legal services”, “the voluntary scheme” and “voluntary scheme rules” have the same meaning as in section 164.
(1) Except as provided by section 168, restricted information must not be disclosed—
(a) by a restricted person, or
(b) by any person who receives the information directly or indirectly from a restricted person.
(2) In this section and section 168—
“restricted information” means information (other than excluded information) which is obtained by the Board in the exercise of its functions;
“restricted person” means—
the Board (including the Board in its capacity as an approved regulator or a licensing authority),
a person who exercises functions delegated under paragraph 23 of Schedule 1 or section 73 or by virtue of section 64(2)(k).
(3) For the purposes of subsection (2) “excluded information” means—
(a) information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
(b) information which at the time of the disclosure is or has already been made available to the public from other sources;
(c) information which was obtained more than 70 years before the date of the disclosure.
(1) A restricted person may disclose restricted information to another restricted person.
(2) Restricted information may be disclosed for the purposes of enabling or assisting the Board to exercise its functions (whether as an approved regulator, a licensing authority or otherwise).
(3) Section 167 also does not preclude the disclosure of restricted information—
(a) where the disclosure is a result of the Board exercising any power to publish information under this Act;
(b) for the purposes of enabling or assisting the OLC, ombudsmen or persons who exercise functions delegated under paragraph 22 of Schedule 15, to exercise any of its or their functions,
(c) to an approved regulator for the purposes of enabling or assisting the approved regulator to exercise any of its functions,
(d) with the consent of the person to whom it relates and (if different) the person from whom the restricted person obtained it,
(e) for the purposes of an inquiry with a view to the taking of any criminal proceedings or for the purposes of any such proceedings,
(f) where the disclosure is required by or by virtue of any provision made by or under this Act or any other enactment or other rule of law, or
(g) to such persons (other than approved regulators) who exercise regulatory functions as may be prescribed by order made by the Lord Chancellor, for such purposes as may be so prescribed.
(4) Subsections (2) and (3) are subject to subsection (5).
(5) The Lord Chancellor may by order prevent the disclosure of restricted information by virtue of subsection (2) or (3) in such circumstances, or for such purposes, as may be prescribed in the order.
(1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Board for the purposes of enabling or assisting the Board to exercise its functions (whether as an approved regulator, a licensing authority or otherwise).
(2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3) But nothing in this section authorises the making of a disclosure—
(a) which contravenes the data protection legislation, or
(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(4) This section does not affect a power to disclose which exists apart from this section.
(5) The following are permitted persons—
(a) a chief officer of police of a police force in England and Wales;
(b) the chief constable of the Police Service of Scotland;
(c) the Chief Constable of the Police Service of Northern Ireland;
(d) the Director General of the National Crime Agency;
(e) the Commissioners for Her Majesty's Revenue and Customs;
(f) the Financial Conduct Authority;
(g) the Prudential Regulation Authority;
(h) the Bank of England.
(6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which the Lord Chancellor considers are of a public nature (including a person discharging regulatory functions in relation to any description of activities).
(7) Information must not be disclosed under this section on behalf of the Commissioners for Her Majesty's Revenue and Customs unless the Commissioners authorise the disclosure.
(8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose) to an officer of Revenue and Customs.
(9) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity), after subsection (4A) insert—
(4B) Personal data processed for the purposes of discharging any function of the Legal Services Board are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of the function.
Information obtained by the Board (whether in its capacity as an approved regulator or licensing authority or otherwise) may be used by the Board for the purposes of, or for any purpose connected with or incidental to, the exercise of its functions.
(1) The Lord Chancellor may—
(a) pay to the Board such sums as the Lord Chancellor may determine as appropriate for the purpose of meeting the expenditure of the Board incurred under or for the purposes of this Act or any other enactment (including any expenditure incurred by it in its capacity as an approved regulator or its capacity as a licensing authority), and
(b) pay to the OLC such sums as the Lord Chancellor may determine as appropriate for the purposes of meeting the expenditure of the OLC incurred under or for the purposes of this Act.
(2) The Lord Chancellor may—
(a) determine the manner in which and times at which the sums mentioned in subsection (1) are to be paid, and
(b) impose conditions on the payment of those sums.
(1) The Board must make rules providing for the imposition of a levy on leviable bodies for the purpose of raising an amount corresponding to the aggregate of—
(a) the leviable Board expenditure,
(b) the leviable OLC expenditure, and
(c) the leviable Lord Chancellor expenditure.
(2) A levy imposed under this section is payable to the Board.
(3) Before making rules under this section, the Board must satisfy itself that the apportionment of the levy as between different leviable bodies will be in accordance with fair principles.
(4) The Board may not make rules under this section except with the consent of the Lord Chancellor.
(5) “Leviable body” means—
(a) an approved regulator,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any other person prescribed by the Lord Chancellor by order.
(6) The “leviable Board expenditure” means the difference between—
(a) the expenditure of the Board incurred under or for the purposes of this Act or any other enactment (including any expenditure incurred in connection with its establishment and any expenditure incurred by it in its capacity as an approved regulator or its capacity as a licensing authority), and
(b) the aggregate of the amounts which the Board pays into the Consolidated Fund under section 175(1)(a), (c) to (e) and (k) to (m) ....
(7) The “leviable OLC expenditure” means the difference between—
(a) the expenditure of the OLC incurred under or for the purposes of this Act (including any expenditure incurred in connection with its establishment), and
(b) the aggregate of the amounts which the OLC pays into the Consolidated Fund under section 175(1)(g), (h) or (n).
(8) But subsection (7)(a) does not include such proportion of the expenditure of the OLC incurred under or for the purposes of this Act as may reasonably be attributed to the exercise of its functions under sections 164 to 166.
(9) The “leviable Lord Chancellor expenditure” means any expenditure incurred by the Lord Chancellor in connection with the establishment of the Board or the OLC (including expenditure incurred under or for the purposes of paragraph 10 of Schedule 22 (Interim Chief Executive of the OLC)).
(10) But the leviable Lord Chancellor expenditure does not include any expenditure under section 172 (funding of Board and OLC).
(11) In subsection (5) the reference to “an approved regulator” does not include the Board where it is designated as an approved regulator under section 62.
(1) In this section—
“leviable body” has the meaning given by section 173;
“the levy” means the levy payable by virtue of that section;
“the levy rules” means the rules made in accordance with that section.
(2) The levy is to be payable at such rate and at such times as may be specified in the levy rules.
(3) The provision made in the levy rules for determining the amount of the levy payable in respect of a particular period—
(a) may require account to be taken of estimated as well as actual expenditure and receipts, and
(b) must require the Board to obtain the Lord Chancellor's agreement to the amount payable in respect of a particular period.
(4) The levy rules may provide for different parts of the levy to be payable at different rates.
(5) Any amount which is owed to the Board in accordance with the levy rules may be recovered as a debt due to the Board.
(6) The levy rules must require the Board—
(a) to calculate the amount of the levy payable by each leviable body,
(b) to notify each leviable body of its liability to pay an amount of levy and the time or times at which it becomes payable.
(7) Without prejudice to subsections (2) to (6), the levy rules may—
(a) make provision about the collection and recovery of the levy;
(b) make provision about the circumstances in which any amount of the levy payable may be waived;
(c) provide that if the whole or any part of an amount of the levy payable under the levy rules is not paid by the time when it is required to be paid under the rules, the unpaid balance from time to time carries interest at the rate determined by or in accordance with the levy rules.
(1) The following must be paid into the Consolidated Fund—
(a) any application fee received by the Board;
(b) any sum received by the Board under sections 37 to 40 (financial penalties and interest);
(c) amounts paid to the Board under section 49(10) or 50(5) (charges for providing draft and final policy statements);
(d) any sums received by the Board in its capacity as an approved regulator by virtue of rules within section 64(2)(f) (practising fees etc);
(e) any sums received by the Board in its capacity as a licensing authority by virtue of its licensing rules within paragraph 1, 4, 6, 7 or 21 of Schedule 11 or by virtue of paragraph 17 or 18 of Schedule 14;
(f) any sums received by the Board in its capacity as a licensing authority under sections 95 to 97 (financial penalties and interest);
(g) any charges received by the OLC by virtue of rules under section 136 (charges payable by respondents), together with any interest payable in accordance with those rules;
(h) any amount payable to the OLC in accordance with scheme rules within subsection (3)(i) of section 133 (costs of OLC payable by the complainant or the respondent in relation to a complaint), together with any interest payable on such an amount under subsection (6) of that section;
(i) any amount payable to the OLC by virtue of standard terms within section 166(8);
(j) any sum received by the Board in accordance with rules under section 173 (the levy);
(k) amounts paid to the Board under section 162(4)(c) (charges for providing copies of guidance);
(l) any amount payable to the Board under arrangements entered into under section 163 (voluntary arrangements);
(m) amounts paid to the Board under subsection (8) of section 205 (charges for providing copies of rules and draft rules);
(n) amounts paid to the OLC under that subsection.
(2) In this section “application fee” means a fee within—
(a) paragraph 3(3)(d) of Schedule 4 (application fees in respect of designation as approved regulator);
(b) section 45(3)(b) (application fees in respect of cancellation of designation as approved regulator);
(c) paragraph 1(4)(d) of Schedule 10 (application fees in respect of designation as licensing authority);
(d) section 76(3)(b) (application fees in respect of cancellation of designation as licensing authority);
(e) paragraph 3(4)(c) of Schedule 18 (application fees in respect of designation as qualifying regulator for the purposes of Part 5 of the Immigration and Asylum Act 1999 (c. 33)).
(1) A person who is a regulated person in relation to an approved regulator has a duty to comply with the regulatory arrangements of the approved regulator as they apply to that person.
(2) A person is a regulated person in relation to an approved regulator if the person—
(a) is authorised by the approved regulator to carry on an activity which is a reserved legal activity, or
(b) is not so authorised, but is a manager or employee of a person who is so authorised.
(3) This section applies in relation to the Board in its capacity as a licensing authority and its licensing rules, as it applies in relation to an approved regulator and its regulatory arrangements.
177 The Law Society, solicitors, recognised bodies and foreign lawyers
Schedule 16 contains amendments of—
(a) the Solicitors Act 1974 (c. 47),
(b) Part 1 of the Administration of Justice Act 1985 (c. 61) (recognised bodies), and
(c) section 89 of, and Schedule 14 to, the Courts and Legal Services Act 1990 (c. 41) (foreign lawyers: partnerships and recognised bodies).
178 The Solicitors Disciplinary Tribunal: approval of rules
(1) If the Solicitors Disciplinary Tribunal (“the Tribunal”) makes an alteration of its rules under section 46(9)(b) of the Solicitors Act 1974 (“the tribunal rules”), the alteration does not have effect unless it is approved for the purposes of this Act.
(2) An alteration is approved for the purposes of this Act if—
(a) it is approved by the Board under Part 3 of Schedule 4 (alteration of approved regulator's regulatory arrangements),
(b) it is an exempt alteration, or
(c) it is an alteration made in compliance with a direction under section 32 (given by virtue of section 179).
(3) For the purposes of subsection (2)(a), paragraphs 20 to 27 of Schedule 4 (procedure for approval of alterations of regulatory arrangements) apply in relation to an application by the Tribunal for approval of an alteration or alterations of the tribunal rules as they apply in relation to an application by an approved regulator for approval of an alteration or alterations of its regulatory arrangements, but as if—
(a) paragraph 23 of that Schedule applied in relation to the Law Society as well as the Tribunal,
(b) in paragraph 25(3) (grounds for refusal of application), paragraphs (d) and (e) were omitted, and
(c) in paragraph 27(3) the reference to section 32 were a reference to that section as applied (with modifications) by section 179.
(4) For the purposes of subsection (2)(b), an exempt alteration is an alteration which the Board has directed is to be treated as exempt for the purposes of this section.
(5) A direction under subsection (4) may be specific or general, and must be published by the Board.
(6) In this section references to an “alteration” of the tribunal rules include the making of such rules and the modification of such rules.
179 Board's power to give directions to the Tribunal
Sections 32 to 34 and Schedule 7 (Board's powers to give directions) apply in relation to the Tribunal as they apply in relation to an approved regulator, but as if—
(a) in section 32(1)—
(i) paragraphs (a) and (c) were omitted, and
(ii) in paragraph (b) after “failed” there were inserted “ to perform any of its functions to an adequate standard (or at all) or ”,
(b) in subsection (4)(b) of that section for “regulatory arrangements” there were substituted “ rules under section 46(9)(b) of the Solicitors Act 1974 ”,
(c) section 34(3) were omitted, and
(d) paragraphs 2 and 10 of Schedule 7 applied in relation to the Law Society, as well as the Tribunal, where it is proposed to give the Tribunal a direction under section 32.
Sections 69 and 70 (modification of functions of approved regulators) apply in relation to the Tribunal as they apply in relation to an approved regulator, but as if—
(a) for section 69(3) (purpose for which modifying order may be made) there were substituted—
(3) The Board may make a recommendation under this section only with a view to an order being made which enables the Tribunal to carry out its role more effectively or efficiently.
, and
(b) subsections (4), (5) and (7) of that section were omitted.
181 Unqualified person not to pretend to be a barrister
(1) It is an offence for a person who is not a barrister—
(a) wilfully to pretend to be a barrister, or
(b) with the intention of implying falsely that that person is a barrister to take or use any name, title or description.
(2) A person who is guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(3) In relation to an offence under subsection (1) committed before 2 May 2022, the reference in subsection (2)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
Schedule 17 contains amendments relating to the Council for Licensed Conveyancers, licensed conveyancers and bodies recognised under section 32 of the Administration of Justice Act 1985 (c. 61).
(1) For the purposes of any enactment or instrument (including an enactment passed or instrument made after the passing of this Act) “commissioner for oaths” includes an authorised person in relation to the administration of oaths (“a relevant authorised person”).
(2) A relevant authorised person has the right to use the title “Commissioner for Oaths”.
(3) A relevant authorised person may not carry on the administration of oaths in any proceedings in which that person represents any of the parties or is interested.
(4) A relevant authorised person before whom an oath or affidavit is taken or made must state in the jurat or attestation at which place and on what date the oath or affidavit is taken or made.
(5) A document containing such a statement and purporting to be sealed or signed by a relevant authorised person must be admitted in evidence without proof of the seal or signature, and without proof that that person is a relevant authorised person.
(6) The Lord Chancellor may by order prescribe the fees to be charged by relevant authorised persons in respect of the administration of an oath or the taking of an affidavit.
(7) The Lord Chancellor may make an order under subsection (6) only—
(a) after consultation with the Board, and
(b) with the consent of the Lord Chief Justice and the Master of the Rolls.
(8) In this section “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889 (c. 10).
(1) The Trade Marks Act 1994 (c. 26) is amended as follows.
(2) In section 82 (recognition of agents) after “rules” insert “ and subject to the Legal Services Act 2007 ”.
(3) For section 83 (the register of trade mark agents) substitute—
The register of trade mark attorneys
83 (1) There is to continue to be a register of persons who act as agent for others for the purpose of applying for or obtaining the registration of trade marks.
(2) In this Act a registered trade mark attorney means an individual whose name is entered on the register kept under this section.
(3) The register is to be kept by the Institute of Trade Mark Attorneys.
(4) The Secretary of State may, by order, amend subsection (3) so as to require the register to be kept by the person specified in the order.
(5) Before making an order under subsection (4), the Secretary of State must consult the Legal Services Board.
(6) An order under this section must be made by statutory instrument.
(7) An order under this section may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
Regulation of trade mark attorneys
83A (1) The person who keeps the register under section 83 may make regulations which regulate—
(a) the keeping of the register and the registration of persons;
(b) the carrying on of trade mark agency work by registered persons.
(2) Those regulations may, amongst other things, make—
(a) provision as to the educational and training qualifications, and other requirements, which must be satisfied before an individual may be registered or for an individual to remain registered;
(b) provision as to the requirements which must be met by a body (corporate or unincorporate) before it may be registered or for it to remain registered, including provision as to the management and control of the body;
(c) provision as to the educational, training or other requirements to be met by regulated persons;
(d) provision regulating the practice, conduct and discipline of registered persons or regulated persons;
(e) provision authorising in such cases as may be specified in the regulations the erasure from the register of the name of any person registered in it, or the suspension of a person's registration;
(f) provision requiring the payment of such fees as may be specified in or determined in accordance with the regulations;
(g) provision about the provision to be made by registered persons in respect of complaints made against them;
(h) provision about the keeping of records and accounts by registered persons or regulated persons;
(i) provision for reviews of or appeals against decisions made under the regulations;
(j) provision as to the indemnification of registered persons or regulated persons against losses arising from claims in respect of civil liability incurred by them.
(3) Regulations under this section may make different provision for different purposes.
(4) Regulations under this section which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.
(5) Before the appointed day, regulations under this section may be made only with the approval of the Secretary of State.
(6) The powers conferred to make regulations under this section are not to be taken to prejudice—
(a) any other power which the person who keeps the register may have to make rules or regulations (however they may be described and whether they are made under an enactment or otherwise);
(b) any rules or regulations made by that person under any such power.
(7) In this section—
“appointed day” means the day appointed for the coming into force of paragraph 1 of Schedule 4 to the Legal Services Act 2007;
“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207);
“registered person” means—
a registered trade mark attorney, or
a body (corporate or unincorporate) registered in the register kept under section 83;
“regulated person” means a person who is not a registered person but is a manager or employee of a body which is a registered person;
“trade mark agency work” means work done in the course of carrying on the business of acting as agent for others for the purpose of—
applying for or obtaining the registration of trade marks in the United Kingdom or elsewhere , or
conducting proceedings before the Comptroller relating to applications for or otherwise in connection with the registration of trade marks.
(4) In section 84 (unregistered persons not to be described as registered trade mark agents)—
(a) in subsection (2)—
(i) after “partnership” (in the first place) insert “ or other unincorporated body ”, and
(ii) for “all the partners” to the end substitute “ the partnership or other body is registered in the register kept under section 83. ”, and
(b) in subsection (3) for “all the directors” to the end substitute “ the body corporate is registered in the register kept under section 83. ”
(5) Omit section 85 (power to prescribe conditions etc for mixed partnerships and bodies corporate).
(6) In section 87 (privilege for communications with registered trade mark attorneys), in subsection (3)(c) at the beginning insert “ any other unincorporated body or ”.
(1) The Copyright, Designs and Patents Act 1988 (c. 48) is amended as follows.
(2) In section 274 (persons permitted to carry on business of a patent agent) in subsection (1) after “this Part” insert “ and to the Legal Services Act 2007 ”.
(3) For section 275 (the register of patent agents) substitute—
The register of patent attorneys
275 (1) There is to continue to be a register of persons who act as agent for others for the purpose of applying for or obtaining patents.
(2) In this Part a registered patent attorney means an individual whose name is entered on the register kept under this section.
(3) The register is to be kept by the Chartered Institute of Patent Attorneys.
(4) The Secretary of State may, by order, amend subsection (3) so as to require the register to be kept by the person specified in the order.
(5) Before making an order under subsection (4), the Secretary of State must consult the Legal Services Board.
(6) An order under this section must be made by statutory instrument.
(7) An order under this section may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
Regulation of patent attorneys
275A (1) The person who keeps the register under section 275 may make regulations which regulate—
(a) the keeping of the register and the registration of persons;
(b) the carrying on of patent attorney work by registered persons.
(2) Those regulations may, amongst other things, make—
(a) provision as to the educational and training qualifications, and other requirements, which must be satisfied before an individual may be registered or for an individual to remain registered;
(b) provision as to the requirements which must be met by a body (corporate or unincorporate) before it may be registered, or for it to remain registered, including provision as to the management and control of the body;
(c) provision as to the educational, training and other requirements to be met by regulated persons;
(d) provision regulating the practice, conduct and discipline of registered persons or regulated persons;
(e) provision authorising in such cases as may be specified in the regulations the erasure from the register of the name of any person registered in it, or the suspension of a person's registration;
(f) provision requiring the payment of such fees as may be specified in or determined in accordance with the regulations;
(g) provision about the provision to be made by registered persons in respect of complaints made against them;
(h) provision about the keeping by registered persons or regulated persons of records and accounts;
(i) provision for reviews of or appeals against decisions made under the regulations;
(j) provision as to the indemnification of registered persons or regulated persons against losses arising from claims in respect of civil liability incurred by them.
(3) Regulations under this section may make different provision for different purposes.
(4) Regulations under this section which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act.
(5) Before the appointed day, regulations under this section may be made only with the approval of the Secretary of State.
(6) The powers conferred to make regulations under this section are not to be taken to prejudice—
(a) any other power which the person who keeps the register may have to make rules or regulations (however they may be described and whether they are made under an enactment or otherwise);
(b) any rules or regulations made by that person under any such power.
(7) In this section—
“appointed day” means the day appointed for the coming into force of paragraph 1 of Schedule 4 to the Legal Services Act 2007;
“manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207);
“patent attorney work” means work done in the course of carrying on the business of acting as agent for others for the purpose of—
applying for or obtaining patents, in the United Kingdom or elsewhere, or
conducting proceedings before the comptroller relating to applications for, or otherwise in connection with, patents;
“registered person” means—
a registered patent attorney, or
a body (corporate or unincorporate) registered in the register kept under section 275;
“regulated person” means a person who is not a registered person but is a manager or employee of a body which is a registered person.
(4) In section 276 (persons entitled to describe themselves as patent attorneys)—
(a) in subsection (2)—
(i) after “partnership” (in the first place) insert “ or other unincorporated body ”, and
(ii) for “all the partners” to the end substitute “ the partnership or other body is registered in the register kept under section 275 ”, and
(b) in subsection (3) for “all the directors” to the end substitute “ the body corporate is registered in the register kept under section 275. ”
(5) Omit section 279 (power to prescribe conditions etc for mixed partnerships and bodies corporate).
(6) In section 280 (privilege for communications with patent agents), in subsection (3), at the end of paragraph (b) insert—
(ba) an unincorporated body (other than a partnership) entitled to describe itself as a patent attorney, or
.
186 Immigration advisers and immigration service providers
(1) Schedule 18 makes provision relating to Part 5 of the Immigration and Asylum Act 1999 (c. 33) (immigration advisers and immigration service providers).
(2) In that Schedule—
(a) Part 1 makes provision for approved regulators to become qualifying regulators for the purposes of Part 5 of the Immigration and Asylum Act 1999,
(b) Part 2 contains amendments of that Act (which amongst other things enable persons authorised by qualifying regulators to provide immigration advice and immigration services in England and Wales), and
(c) Part 3 makes provision for certain persons to be treated, during a transitional period, as authorised by qualifying regulators to provide such advice and services.
(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.
(1) This section applies where an authorised person in relation to the exercise of a right of audience is employed as a Crown Prosecutor or in any other description of employment.
(2) Qualification regulations or conduct rules of the approved regulator by whom the person is authorised to carry on that activity which relate to the right of audience do not have effect in relation to the person if—
(a) they—
(i) limit the courts before which, or proceedings in which, that activity may be carried on by persons who are employed, or
(ii) limit the circumstances in which that activity may be carried on by persons who are employed by requiring such persons to be accompanied by some other person when carrying on that activity, and
(b) they do not impose the same limitation on persons who are authorised persons in relation to the activity in question but are not employed.
(1) Subsection (2) applies where an individual (“P”) who is not a barrister or solicitor—
(a) provides advocacy services as an authorised person in relation to the exercise of rights of audience,
(b) provides litigation services as an authorised person in relation to the conduct of litigation,
(c) provides conveyancing services as an authorised person in relation to reserved instrument activities, or
(d) provides probate services as an authorised person in relation to probate activities.
(2) Any communication, document, material or information relating to the provision of the services in question is privileged from disclosure in like manner as if P had at all material times been acting as P's client's solicitor.
(3) Subsection (4) applies where—
(a) a licensed body provides services to a client, and
(b) the individual (“E”) through whom the body provides those services—
(i) is a relevant lawyer, or
(ii) acts at the direction and under the supervision of a relevant lawyer (“the supervisor”).
(4) Any communication, document, material or information relating to the provision of the services in question is privileged from disclosure only if, and to the extent that, it would have been privileged from disclosure if—
(a) the services had been provided by E or, if E is not a relevant lawyer, by the supervisor, and
(b) at all material times the client had been the client of E or, if E is not a relevant lawyer, of the supervisor.
(5) “Relevant lawyer” means an individual who is—
(a) a solicitor;
(b) a barrister;
(c) a solicitor in Scotland;
(d) an advocate in Scotland;
(e) a solicitor of the Court of Judicature of Northern Ireland;
(f) a member of the Bar of Northern Ireland;
(g) a registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41));
(h) an individual not within paragraphs (a) to (g) who is an authorised person in relation to an activity which is a reserved legal activity; or
(i) a European lawyer (within the meaning of the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910) , as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020).
(6) In this section—
“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide;
“conveyancing services” means the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land;
“probate services” means the preparation of any papers on which to found or oppose a grant of probate or a grant of letters of administration and the administration of the estate of a deceased person.
(7) This section is without prejudice to any other enactment or rule of law by virtue of which a communication, a document, material or information is privileged from disclosure.
192 Powers of court in respect of rights of audience and conduct of litigation
(1) Nothing in this Act affects the power of any court in any proceedings to refuse to hear a person (for reasons which apply to that person as an individual) who would otherwise have a right of audience before the court in relation to those proceedings.
(2) Where a court refuses to hear a person as mentioned in subsection (1), it must give its reasons for refusing.
(3) Where—
(a) immediately before the commencement of section 13 (entitlement to carry on reserved legal activities), or
(b) by virtue of any provision made by or under an enactment passed subsequently,
a court does not permit the appearance of advocates, or permits the appearance of advocates only with leave, no person may exercise a right of audience before the court, in relation to any proceedings, solely by virtue of being entitled to do so under this Act.
(4) But a court may not limit the right to appear before the court in any proceedings to only some of those who are entitled to exercise that right by virtue of this Act.
(5) A court may not limit the right to conduct litigation in relation to proceedings before the court to only some of those who are entitled to exercise that right by virtue of this Act.
(6) In this section “advocate”, in relation to any proceedings, means a person exercising a right of audience as a representative of, or on behalf of, any party to the proceedings.
193 Solicitors to public departments and the City of London
(1) Nothing in this Act is to prejudice or affect any rights or privileges of—
(a) the Treasury Solicitor,
(b) the solicitor to any other public department,
(c) the solicitor to the Church Commissioners, or
(d) the solicitor to the Duchy of Cornwall.
(2) Nothing in this Act requires a person to whom subsection (1) applies, or any clerk or officer appointed to act for such a person, to be entitled to carry on an activity which is a reserved legal activity in any case where, by virtue of section 88(1) of the Solicitors Act 1974 (c. 47), it would not have been necessary for that person to be admitted and enrolled and to hold a practising certificate under that Act if this Act had not been passed.
(3) Nothing in this Act is to prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of Solicitor of the City of London.
(4) Nothing in section 17 (offence to pretend to be entitled) applies to a person to whom subsection (1) applies, or any clerk or officer appointed to act for such a person, or to the Solicitor of the City of London.
(5) 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 this section has a duty to the court in question to act with independence in the interests of justice.
(6) That duty overrides any obligations which the person may have (otherwise than under the criminal law) if it is inconsistent with them.
194 Payments in respect of pro bono representation : civil courts in England and Wales
(1) This section applies to proceedings in a civil court in which—
(a) a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and
(b) R's representation of P is or was provided free of charge, in whole or in part.
(2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.
(3) The court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part).
(4) In considering whether to make such an order and the terms of such an order, the court must have regard to—
(a) whether, had R's representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation, and
(b) if it would, what the terms of the order would have been.
(5) The court may not make an order under subsection (3) against a person represented in the proceedings if the person's representation was at all times within subsection (6).
(6) Representation is within this subsection if it is—
(a) provided by a legal representative acting free of charge, or
(b) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(7) Rules of court may make further provision as to the making of orders under subsection (3), and may in particular—
(a) provide that such orders may not be made in civil proceedings of a description specified in the rules;
(b) make provision about the procedure to be followed in relation to such orders;
(c) specify matters (in addition to those mentioned in subsection (4)) to which the court must have regard in deciding whether to make such an order, and the terms of any order.
(8) “The prescribed charity” means the charity prescribed under section 194C.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In this section—
“legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf;
“civil court” means—
...
the civil division of the Court of Appeal,
the High Court,
the family court, or
the county court;
...
“free of charge” means otherwise than for or in expectation of fee, gain or reward.
(11) The court may not make an order under subsection (3) in respect of representation if (or to the extent that) it is provided before this section comes into force.
194A Payments in respect of pro bono representation: tribunals
(1) This section applies to relevant tribunal proceedings in which—
(a) a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and
(b) R’s representation of P is or was provided free of charge, in whole or in part.
(2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.
(3) The tribunal may make an order under this section against a person if the condition in subsection (5) is met in respect of that person (and if subsection (7) does not apply).
(4) An order under this section is an order for the person to make a payment to the prescribed charity in respect of R’s representation of P (or, if only part of R’s representation of P was provided free of charge, in respect of that part).
(5) The condition is that, had R’s representation of P not been provided free of charge, the tribunal would have had the power to order the person to make a payment to P in respect of sums payable to R by P in respect of that representation.
(6) In considering whether to make an order under this section against a person, and the terms of such an order, the tribunal must have regard to—
(a) whether, had R’s representation of P not been provided free of charge, it would have made an order against that person as described in subsection (5), and
(b) if it would, what the terms of the order would have been.
(7) The tribunal may not make an order under this section against a person represented in the proceedings if the person’s representation was at all times within subsection (8).
(8) Representation is within this subsection if it is provided—
(a) by a legal representative acting free of charge, or
(b) by way of legal aid.
(9) For the purposes of subsection (8)(b), representation is provided by way of legal aid if it is—
(a) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
(b) made available under Part 2 or 3 of the Legal Aid (Scotland) Act 1986, or
(c) funded under Part 2 of the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)).
(10) Procedure rules may make further provision as to the making of orders under this section, and may in particular—
(a) provide that such orders may not be made in proceedings of a description specified in the rules;
(b) make provision about the procedure to be followed in relation to such orders;
(c) specify matters (in addition to those mentioned in subsection (6)) to which the tribunal must have regard in deciding whether to make such an order, and the terms of any order.
(11) In this section “relevant tribunal proceedings” means proceedings in—
(a) the First-tier Tribunal,
(b) the Upper Tribunal,
(c) an employment tribunal,
(d) the Employment Appeal Tribunal, or
(e) the Competition Appeal Tribunal,
but does not include proceedings within devolved competence.
(12) For the purposes of subsection (11), proceedings are within devolved competence if provision regulating the procedure to be followed in those proceedings could be made by—
(a) an Act of the Scottish Parliament,
(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
(c) an Act of the Northern Ireland Assembly the Bill for which would not require the consent of the Secretary of State.
(13) The Lord Chancellor may by regulations—
(a) amend subsection (11) so as to add a tribunal to the list in that subsection, and
(b) make consequential amendments of the definition of “procedure rules” in subsection (14).
(14) In this section—
“free of charge” means otherwise than for or in expectation of fee, gain or reward;
“legal representative” means a person who is—
entitled in accordance with section 13 to carry on the activity of exercising a right of audience or conducting litigation,
a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980,
a member of the Faculty of Advocates in Scotland,
a person having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,
a member of the Bar of Northern Ireland, or
a solicitor of the Court of Judicature of Northern Ireland,
irrespective of the capacity in which the person is acting in the proceedings concerned;
“prescribed charity” means the charity prescribed under section 194C;
“procedure rules” means—
Tribunal Procedure Rules, in relation to proceedings in the First-tier Tribunal or the Upper Tribunal,
Employment Tribunal Procedure Rules, in relation to proceedings in an employment tribunal or the Employment Appeal Tribunal, or
rules under section 15 of the Enterprise Act 2002, in relation to proceedings in the Competition Appeal Tribunal;
“tribunal” does not include an ordinary court of law.
(15) An order under this section may not be made in respect of representation if (or to the extent that) it was provided before section 48 of the Judicial Review and Courts Act 2022 came into force.
194B Payments in respect of pro bono representation: Supreme Court
(1) This section applies to proceedings in a relevant civil appeal to the Supreme Court in which—
(a) a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and
(b) R’s representation of P is or was provided free of charge, in whole or in part.
(2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.
(3) The Court may make an order under this section against a person if the condition in subsection (5) is met in respect of that person (and if subsection (7) does not apply).
(4) An order under this section is an order for the person to make a payment to the prescribed charity in respect of R’s representation of P (or, if only part of R’s representation of P was provided free of charge, in respect of that part).
(5) The condition is that, had R’s representation of P not been provided free of charge, the Court would have had the power to order the person to make a payment to P in respect of sums payable to R by P in respect of that representation.
(6) In considering whether to make an order under this section against a person, and the terms of such an order, the Court must have regard to—
(a) whether, had R’s representation of P not been provided free of charge, it would have made an order against that person as described in subsection (5), and
(b) if it would, what the terms of the order would have been.
(7) The Court may not make an order under this section against a person represented in the proceedings if the person’s representation was at all times within subsection (8).
(8) Representation is within this subsection if it is—
(a) provided by a legal representative acting free of charge, or
(b) provided by way of legal aid.
(9) For the purposes of subsection (8)(b), representation is provided by way of legal aid if it is—
(a) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or
(b) funded under Part 2 of the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)).
(10) Supreme Court Rules may make further provision as to the making of orders under this section, and may in particular—
(a) provide that such orders may not be made in proceedings of a description specified in the Rules;
(b) make provision about the procedure to be followed in relation to such orders;
(c) specify matters (in addition to those mentioned in subsection (6)) to which the Court must have regard in deciding whether to make such an order, and the terms of any order.
(11) In this section—
“free of charge” means otherwise than for or in expectation of fee, gain or reward;
“legal representative”, in relation to a party to proceedings, means—
a person exercising a right of audience, or conducting litigation, on the party’s behalf pursuant to an entitlement under section 13, or
a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, practising or acting as such on the party’s behalf;
“prescribed charity” means the charity prescribed under section 194C;
“relevant civil appeal” means an appeal—
from the High Court under Part 2 of the Administration of Justice Act 1969,
from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007,
from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005 or section 42 of the Judicature (Northern Ireland) Act 1978, or
under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court.
(12) An order under this section may not be made in respect of representation in proceedings in a relevant civil appeal—
(a) from a court in Northern Ireland, or
(b) from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007,
if (or to the extent that) the representation was provided before section 48 of the Judicial Review and Courts Act 2022 came into force.
(1) The Lord Chancellor may by order prescribe a registered charity for the purposes of sections 194 to 194B.
(2) The charity must be one which provides financial support to persons who provide, or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge.
(3) In this section—
“free of charge” means otherwise than for or in expectation of fee, gain or reward;
“registered charity” means a charity registered in accordance with—
section 30 of the Charities Act 2011,
section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), or
section 16 of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)).
(4) An order under section 194(8) that was in force immediately before section 48 of the Judicial Review and Courts Act 2022 came into force—
(a) remains in force despite the amendment by that section of section 194(8),
(b) has effect as if its prescription of a charity for the purposes of section 194 were the prescription of that charity under this section for the purposes of sections 194 to 194B, and
(c) may be amended or revoked by an order under this section.
195 Application of the Legal Profession and Legal Aid (Scotland) Act 2007
(1) The Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5) (“the 2007 Act”) applies to—
(a) any element of a complaint relating to,
(b) the provision by a practitioner of,
the advice, services and activities mentioned in subsection (2) as it applies to any other advice, services and activities provided by a practitioner.
(2) The advice, services and activities are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) activities of an insolvency practitioner within the meaning of Part 13 of the Insolvency Act 1986 (c. 45);
(c) activities mentioned in paragraph (a) of paragraph 5(1) of Schedule 3 to the Financial Services Act 1986 (c. 60);
(d) immigration advice or immigration services;
(e) regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8), other than activity falling within paragraph (f) below, in respect of which the Financial Conduct Authority has by virtue of Part 20 of that Act arranged for its regulatory role to be carried out by the Law Society of Scotland;
(f) exempt regulated activities within the meaning of section 325(2) of the Financial Services and Markets Act 2000.
(3) In subsection (1), “complaint” and “practitioner” have the same meaning as in Part 1 of the 2007 Act.
(4) Omit section 77 of the 2007 Act (advice services and activities to which Act does not apply).
(5) Schedule 20 contains minor and consequential amendments in connection with the application of the 2007 Act by virtue of this section.
(1) The functions of the Scottish legal services ombudsman cease to be exercisable in relation to the advice, services and activities mentioned in section 195(2).
(2) In the Immigration and Asylum Act 1999 (c. 33)—
(a) in section 86(4)(c) (designated professional bodies), for “Scottish Legal Services Ombudsman” substitute “ Scottish Legal Complaints Commission ”, and
(b) in paragraph 4(2)(c) of Schedule 5 (the Immigration Services Commissioner), for “Scottish Legal Services Ombudsman” substitute “ Scottish Legal Complaints Commission ”.