Office of Public Sector Information
Section 195
1 (1) The Solicitors (Scotland) Act 1980 is amended as follows.
(2) In section 3A(5), omit paragraphs (a) and (ad).
(3) In section 15(2)—
(a) in paragraph (e), for “38” substitute “62A”, and
(b) omit paragraph (j).
(4) In section 20(2), omit “, 53A(2)(ba)”.
(5) In section 24C(2)—
(a) in paragraph (d), for “38” substitute “62A”, and
(b) omit paragraph (i).
(6) In section 34, omit subsections (4), (4C) and (4D).
(7) Omit sections 38, 39, 42A and 42B.
(8) In section 42C—
(a) in subsection (1)—
(i) omit paragraphs (a) and (c),
(ii) omit “to the solicitor or his firm or”, and
(iii) omit “or, where” to the end,
(b) in subsection (2), in paragraphs (a) and (b) omit (in each place) “solicitor, firm or”,
(c) in subsection (3)—
(i) in paragraph (a), omit “the solicitor or his firm or, as the case may be,”,
(ii) in paragraph (b), omit “of which the solicitor” to “be,”,
(d) in subsection (4), omit (in each place) “38,”, and
(e) omit subsection (5).
(9) In section 51—
(a) in subsection (2)—
(i) omit “a solicitor may have been guilty” to “Fund) or”, and
(ii) omit “or a solicitor” to “services”, and
(b) omit subsection (2A).
(10) In section 52, in subsection (2)(aa) omit “42A(7) or”.
(11) In section 53, omit subsections (3), (10) and (11).
(12) Omit sections 53A, 53B and 53C.
(13) In section 54, omit subsections (1), (2B) and (2C).
(14) In section 55, omit subsection (8).
(15) Omit section 56A.
(16) In section 62A, in subsections (1) and (2) omit (in each place) “38,”.
(17) In section 65—
(a) in subsection (1), omit the definition of “inadequate professional services”, and
(b) omit subsection (5).
(18) In Part 2 of Schedule 3, in paragraph 5(1), (2) and (3) omit (in each place) “38,”.
(19) In Part 2 of Schedule 4—
(a) in paragraph 9(a) and (b), omit (in each place) “or, as the case may be, of provision of inadequate professional services”,
(b) in paragraph 16, omit sub-paragraphs (f) and (g), and
(c) in paragraph 23, omit “, 42A(7)”.
(20) In the side-note to section 62A, omit “38,”.
2 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, omit section 33.
Section 208
1 The Public Notaries Act 1801 is amended in accordance with paragraphs 2 and 3.
2 In section 1 (no person to be created to act as public notary, to do any notarial act etc unless duly admitted), omit “, or use and exercise the office of a notary, or do any notarial act,”.
3 In section 14 (Act not to extend to certain persons), omit from “proctor” to “any other”.
4 The Public Notaries Act 1843 is amended in accordance with paragraphs 5 to 7.
5 After section 7 insert—
(1) Despite any provision made by the Public Notaries Acts, a person’s entitlement to carry on an activity which is a notarial activity is to be determined in accordance with the Legal Services Act 2007.
(2) Nothing in the Public Notaries Acts is to be regarded, for the purposes of paragraph 5(2) of Schedule 3 to the Legal Services Act 2007 (exempt persons in relation to notarial activities) as authorising a person to carry on such an activity.
(3) For this purpose—
“the Public Notaries Acts” means this Act and the Public Notaries Act 1801;
“exempt person” and “notarial activity” have the same meaning as in the Legal Services Act 2007.”
6 In section 8 (Master of Faculties may issue commissions to take oaths)—
(a) the existing provision becomes subsection (1), and
(b) after that subsection insert—
“(2) For the purposes of the Legal Services Act 2007, the issue of a commission under subsection (1) is to be treated as an authorisation to carry on the relevant activities by virtue of another enactment (see paragraph 6(2) of Schedule 3 to that Act).
(3) In subsection (2), “relevant activities” means the activities authorised by the commission.”
7 Omit section 10 (offence of practising as notary without authorisation).
8 The Bills of Exchange Act 1882 is amended in accordance with paragraphs 9 and 10.
9 In section 51 (noting or protest of bill), after subsection (7) insert—
“(7A) In subsection (7) “notary” includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).”
10 In section 94 (protest when notary not accessible)—
(a) the existing provision becomes subsection (1), and
(b) after that subsection insert—
“(2) In subsection (1), “notary” includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).”
11 The Commissioners for Oaths Act 1889 is amended in accordance with paragraphs 12 and 13.
12 In section 1(3) (powers of commissioners for oaths) omit from “in which” (in the first place) to “solicitor, or”.
13 In section 6 (powers as to oaths and notarial acts abroad), after subsection (1) insert—
“(1A) In subsection (1), “notary public” includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).”
14 In section 3 of the Benefices Act 1898 (appeal against refusal of benefice)—
(a) in subsection (2) for “counsel or a solicitor” substitute “an authorised person”, and
(b) after that subsection insert—
“(2A) In subsection (2) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise a right of audience (within the meaning of that Act).”
15 The Children and Young Persons Act 1933 is amended in accordance with paragraphs 16 to 20.
16 In section 37(1) (power to clear court while child or young person giving evidence), for “counsel or solicitors” substitute “legal representatives”.
17 In section 43 (admission of deposition in evidence), for “counsel or solicitor” substitute “legal representative”.
18 In section 47(2)(b) (procedure in youth courts), for “solicitors and counsel” substitute “legal representatives”.
19 In section 49(11) (restrictions on reports of proceedings), omit the definition of “legal representative”.
20 In section 107 (interpretation), after the definition of “legal guardian” insert—
““legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.
21 In section 115 of the London Building Acts (Amendment) Act 1939 (jurisdiction of tribunal of appeal)—
(a) in subsection (2), for “counsel solicitor” substitute “an authorised person”, and
(b) after that subsection insert—
“(2A) In subsection (2) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).”
22 In section 1 of the Accommodation Agencies Act 1953 (illegal commissions and advertisements)—
(a) in subsection (3), after “solicitor” insert “or an authorised person”, and
(b) in subsection (6), after “say:—” insert—
““authorised person” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act);”.
23 In section 3 of the Geneva Conventions Act 1957 (legal representation of certain persons), after subsection (5) insert—
“(6) In this section—
“counsel” includes any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);
“solicitor” includes any person who, for the purposes of that Act, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).”
24 In section 4 of the Horserace Betting Levy Act 1969 (non-renewal of bookmaker’s permit)—
(a) in subsection (2), for “or a solicitor” substitute “, a solicitor or an authorised person”, and
(b) after that subsection insert—
“(2A) In subsection (2), “authorised person” means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).”
25 In section 20B of the Taxes Management Act 1970 (restrictions on power to require documents)—
(a) in subsection (3), for “barrister, advocate or solicitor” (in both places) substitute “relevant lawyer”,
(b) in subsection (8), for “barrister, advocate or a solicitor” substitute “relevant lawyer”, and
(c) after subsection (14) insert—
“(15) In this section “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.”
26 In section 3 of the Powers of Attorney Act 1971 (proof of instruments creating powers of attorney)—
(a) in subsection (1)(b) for “duly certificated notary public” substitute “, authorised person”, and
(b) in subsection (3) for from ““duly” to “Act and” substitute ““authorised person” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act) and”.
27 In section 9(7) of the Poisons Act 1972 (right to conduct proceedings), omit “notwithstanding that he is not of counsel or a solicitor”.
28 In section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings), in subsection (1) for “, notwithstanding” to the end substitute “to conduct any such proceedings.”
29 In section 6 of the Matrimonial Causes Act 1973 (attempts at reconciliation of parties to marriage) in subsection (1) for “solicitor” substitute “legal representative”.
30 In section 29 of the Fair Trading Act 1973 (powers of entry and seizure)—
(a) in subsection (5), for “barrister, advocate or solicitor” substitute “relevant lawyer”, and
(b) after subsection (5) insert—
“(6) “Relevant lawyer” means a barrister, advocate, solicitor, or other legal representative communications with whom may be the subject of a claim to privilege.”
31 In section 146 of the Consumer Credit Act 1974 (exceptions from section 145), after subsection (2) insert—
“(2A) An authorised person (other than a barrister or solicitor) engaging in contentious business is not to be treated as doing so in the course of any ancillary credit business.
(2B) In subsection (2A)—
“authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
“contentious business” means business done in or for the purposes of proceedings begun before a court or before an arbitrator, not being non-contentious or common form probate business (within the meaning of section 128 of the Supreme Court Act 1981).”
32 In section 77 of the Sex Discrimination Act 1975 (validity and revision of contracts), in subsection (4BB)(a) for “a barrister” (in the first place) to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and”.
33 The Bail Act 1976 is amended in accordance with paragraphs 34 and 35.
34 In section 3 (general provisions), in subsection (6)(e) for “an authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.
35 In section 5 (supplementary provisions about decisions on bail)—
(a) in subsection (5), for “is represented by counsel or a solicitor unless his counsel or solicitor” substitute “has legal representation unless his legal representative”, and
(b) in subsection (6), for “is not represented by counsel or a solicitor” substitute “does not have legal representation”.
36 The Race Relations Act 1976 is amended in accordance with paragraphs 37 to 39.
37 In section 67A (national security: procedure), in subsection (3)(a) for “have a general” to the end substitute “be a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and”.
38 In section 72 (validity and revision of contracts), in subsection (4BB)(a) for “a barrister” (in the first place) to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and”.
39 In Schedule 1A (bodies and other persons subject to general statutory duty), in Part 2, in the entry for the Chartered Institute of Patent Agents, for “Agents” substitute “Attorneys”.
40 In section 102 of the Patents Act 1977 (rights of audience etc in proceedings before the comptroller)—
(a) after subsection (2) insert—
“(2A) For the purposes of subsection (2), as it has effect in relation to England and Wales, “the enactment relating to the preparation of documents by persons not qualified” means section 14 of the Legal Services Act 2007 (offence to carry on a reserved legal activity if not entitled) as it applies in relation to an activity which amounts to the carrying on of reserved instrument activities within the meaning of that Act.”, and
(b) for subsection (5) substitute—
“(5) Nothing in this section is to be taken to limit any entitlement to prepare deeds conferred on a registered patent attorney by virtue of the Legal Services Act 2007.”
41 In section 11 of the Estate Agents Act 1979 (powers of entry and inspection)—
(a) in subsection (8), for “counsel or solicitor” substitute “a relevant lawyer”, and
(b) after that subsection insert—
“(9) For the purposes of subsection (8) “relevant lawyer” means counsel, a solicitor or other legal representative communications with whom may be the subject of a claim to privilege.”
42 The Magistrates' Courts Act 1980 is amended in accordance with paragraphs 43 and 44.
43 In section 144 (rule committee and rules of procedure)—
(a) in subsection (3)(c), for from “granted” to “right” substitute “authorised by a relevant approved regulator”, and
(b) after subsection (3) insert—
“(3A) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”
44 In section 150 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.
45 The Supreme Court Act 1981 is amended in accordance with paragraphs 46 and 47.
46 In section 86 (Crown Court Rule Committee)—
(a) in subsection (1)(g), for from “granted” to “right” substitute “authorised by a relevant approved regulator”, and
(b) after subsection (6) insert—
“(7) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”
47 In section 90(3B) (conduct of proceedings by Official Solicitor) for “section 28(2)(a) of the Courts and Legal Services Act 1990” substitute “the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act)”.
48 The Representation of the People Act 1983 is amended in accordance with paragraphs 49 to 52.
49 In section 86 (authorised excuses for failures as to return and declarations)—
(a) in subsection (1A), for “or solicitor” substitute “, solicitor or authorised person”, and
(b) after that subsection insert—
“(1B) In subsection (1A) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).”
50 In section 156 (costs of trying election petition)—
(a) in subsection (5), for “or solicitor” substitute “, a solicitor or an authorised person”, and
(b) after that subsection insert—
“(5A) In subsection (5) “authorised person” means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).”
51 In section 162 (member of legal and certain other professions)—
(a) the existing provision becomes subsection (1),
(b) in that subsection—
(i) after “solicitor” insert “, authorised person”, and
(ii) for “or tribunal” (in both places) substitute “, tribunal or other body”, and
(c) after that subsection insert—
“(2) In subsection (1) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act).”
52 In section 181 (Director of Public Prosecutions)—
(a) in subsection (3), for “or solicitor” substitute “, solicitor or authorised person”, and
(b) after that subsection insert—
“(3A) In subsection (3) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).”
53 The Mental Health Act 1983 is amended in accordance with paragraphs 54 to 60.
54 In section 35 (remand to hospital for report on accused’s mental condition), in subsection (6) for “counsel or a solicitor and his counsel or solicitor” substitute “an authorised person who”.
55 In section 36 (removal of accused person to hospital for treatment), in subsection (5) for “counsel or a solicitor and his counsel or solicitor” substitute “an authorised person who”.
56 In section 38 (interim hospital orders), in subsection (2) for “counsel or a solicitor and his counsel or solicitor” substitute “an authorised person who”.
57 In section 52 (further provisions as to persons remanded by magistrates' courts), in subsection (7)(b) for “counsel or a solicitor” substitute “an authorised person”.
58 In section 54 (requirements as to medical evidence), in subsection (3)(a)—
(a) for “counsel or a solicitor” substitute “an authorised person”, and
(b) for “his counsel or solicitor” substitute “that authorised person”.
59 In section 55 (interpretation of Part 3), in subsection (1) before the definitions of “child” and “young person” insert—
““authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);”.
60 In section 78 (procedure of Mental Health Review Tribunals), in subsection (7) for “counsel or a solicitor” substitute “an authorised person (within the meaning of Part 3)”.
61 In section 147 of the County Courts Act 1984 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.
62 In section 219 of the Inheritance Tax Act 1984 (power to require information)—
(a) in subsection (3) for “barrister or solicitor” substitute “relevant lawyer”,
(b) in subsection (4) for “solicitor” (in both places) substitute “relevant lawyer”, and
(c) after that subsection insert—
“(5) In this section “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.”
63 In Schedule 15D of the Companies Act 1985 (disclosures)—
(a) the existing paragraph 46 becomes sub-paragraph (1) of that paragraph,
(b) in that sub-paragraph for “solicitor, barrister” substitute “relevant lawyer”, and
(c) after that sub-paragraph insert—
“(2) “Relevant lawyer” means—
(a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act),
(b) a solicitor or barrister in Northern Ireland, or
(c) a solicitor or advocate in Scotland.”
64 In section 15 of the Prosecution of Offences Act 1985 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.
65 The Administration of Justice Act 1985 is amended in accordance with paragraphs 66 and 67.
66 In section 41 (application of disciplinary provisions to legal aid complaints against barristers), in subsection (2) after “those provisions” insert “and despite section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress)”.
67 In section 69(2) (commencement) for “Secretary of State” substitute “Lord Chancellor”.
68 In section 56 of the Social Security Act 1986 (legal proceedings), in subsection (1) omit “although not a barrister or solicitor”.
69 The Building Societies Act 1986 is amended in accordance with paragraphs 70 to 72.
70 In section 52 (powers to obtain information and documents etc)—
(a) in subsection (8) for “barrister, solicitor or advocate” substitute “relevant lawyer”, and
(b) in subsection (13) after the definition of “approved” insert—
““relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege;”.
71 In section 67 (directors, etc, not to accept commission in connection with loans), in subsection (7), in the definition of “solicitor” for “licensed conveyancer” substitute “any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act)”.
72 In section 69 (disclosure and record of income of related businesses), in subsection (17), in the definition of “solicitor” for “licensed conveyancer” to the end substitute “any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act).”
73 In section 4 of the Ministry of Defence Police Act 1987 (representation at disciplinary proceedings)—
(a) in subsection (2) for “either by counsel or by a solicitor” substitute “by a relevant lawyer”,
(b) in subsection (7) for “counsel or a solicitor” substitute “a relevant lawyer”, and
(c) after that subsection insert—
“(8) In this section “relevant lawyer” means—
(a) in relation to Scotland or Northern Ireland, counsel or a solicitor, and
(b) in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).”
Legal Services Act 2007