Office of Public Sector Information
PART 8 continued
(4) An authorisation for the purposes of this section must be in writing.
(5) The power to make an order under subsection (3)(h) is exercisable by statutory instrument subject to annulment by resolution of either House of Parliament.
(6) In subsection (3)(e) the reference to section 153A of the Housing Act 1996 is a reference to that section—
(a) as inserted by section 13 of the Anti-social Behaviour Act 2003, or
(b) as substituted by section 26 of the Police and Justice Act 2006.
(7) In this section—
“dwelling-house” has the same meaning as in Part 4 of the Housing Act 1985;
“housing management agreement” means an agreement under section 27 of the Housing Act 1985 (including an agreement to which section 27B(2) or (3) of that Act applies);
“housing management body” means a person who exercises management functions of a local housing authority by virtue of a housing management agreement;
“local housing authority” has the same meaning as in section 27 of the Housing Act 1985;
“right of audience” means the right to appear before and address a court, including the right to call and examine witnesses;
“right to conduct litigation” means the right—
to issue proceedings before any court in England and Wales,
to commence, prosecute and defend such proceedings, and
to perform any ancillary functions in relation to such proceedings (such as entering appearances to actions);
“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.”
(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.
(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.
(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) funded by the Legal Services Commission as part of the Community Legal Service.
(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 by order made by the Lord Chancellor.
(9) An order under subsection (8) may only prescribe a charity which—
(a) is registered in accordance with section 3A of the Charities Act 1993 (c. 10), and
(b) 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.
(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, or any 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.
(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) activities carried out by virtue of a group licence issued under section 22(1)(b) of the Consumer Credit Act 1974 (c. 39);
(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 Services 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”.
Legal Services Act 2007