Office of Public Sector Information
SCHEDULE 21 continued
74 In the Income and Corporation Taxes Act 1988, in section 778 (power to obtain information)—
(a) in subsection (3) for “solicitor” substitute “relevant lawyer”, and
(b) after that subsection insert—
“(4) In subsection (3) “relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, protected from disclosure in legal proceedings on the grounds of confidentiality of communication.”
75 The Copyright, Designs and Patents Act 1988 is amended in accordance with paragraphs 76 to 80.
76 In section 276 (persons entitled to describe themselves as patent agents)—
(a) in subsection (1) for “registered patent agent” substitute “registered patent attorney”, and
(b) in subsection (4) for “agent” (in the second place) substitute “attorney”.
77 In section 280 (privilege for communications with patent agents)—
(a) in subsection (1), after “to” (in the first place) insert “—
(a) “,”
(b) at the end of that subsection insert “, and
(b) documents, material or information relating to any matter mentioned in paragraph (a).”,
(c) for subsection (2) substitute—
“(2) Where a patent attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the patent attorney had at all material times been acting as the client’s solicitor.”,
(d) in subsection (3)—
(i) for “agent” (in each place) substitute “attorney”, and
(ii) for “agents” substitute “attorneys”, and
(e) omit subsection (4).
78 In section 281 (power of comptroller to refuse to deal with certain agents) in subsection (2) for “agents” (in both places) substitute “attorneys”.
79 In section 286 (interpretation)—
(a) for “agent”” substitute “attorney””, and
(b) for “(1)” substitute “(2)”.
80 Omit section 292 (rights and duties of registered patent agents in relation to proceedings in patent county courts).
81 In section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (deeds and their execution)—
(a) in subsection (5) for “a solicitor” (in the first place) to “conveyancer” (in the second place) substitute “a relevant lawyer, or an agent or employee of a relevant lawyer”, and
(b) in subsection (6) for the definition of “duly certificated notary public” substitute—
““relevant lawyer” means 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 instrument activity (within the meaning of that Act).”
82 In section 87 of the Companies Act 1989 (exceptions from restrictions on disclosure)—
(a) in subsection (2), in paragraph (c)(i), for “solicitor” substitute “relevant lawyer”, and
(b) after that subsection insert—
“(2A) In subsection (2)(c)(i) “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.”
83 The Courts and Legal Services Act 1990 is amended in accordance with paragraphs 84 to 101.
84 Omit the following provisions—
(a) section 17 (the statutory objective and the general principle);
(b) section 18 (the statutory duty);
(c) section 18A (the Consultative Panel);
(d) section 27 (rights of audience);
(e) section 28 (rights to conduct litigation);
(f) section 29 (authorised bodies);
(g) section 31 (barristers and solicitors: rights of audience and rights to conduct litigation);
(h) section 31A (employed advocates).
85 In section 31B (advocates and litigators employed by Legal Services Commission)—
(a) for subsection (1) substitute—
“(1) This section applies where a person—
(a) is authorised by a relevant approved regulator (“the regulator”) to carry on an activity which constitutes the exercise of a right of audience or the conduct of litigation, and
(b) is employed by the Legal Services Commission, or by any body established and maintained by that Commission.
(1A) Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.”,
(b) in subsection (2)—
(i) for “body” (in each place) substitute “regulator”, and
(ii) for “rules of conduct” substitute “conduct rules”,
(c) in subsection (3) for “body” substitute “regulator”, and
(d) after subsection (3) insert—
“(4) For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”
86 In section 31C (change of authorised body)—
(a) for subsection (1) substitute—
“(1) Where a person—
(a) has at any time been authorised by a relevant approved regulator to exercise a right of audience before a court in relation to proceedings of a particular description, and
(b) becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings,
any qualification regulations of the relevant approved regulator mentioned in paragraph (b) which relate to that right are not to have effect in relation to the person.”,
(b) in subsection (2) for “the body” substitute “the relevant approved regulator”,
(c) in subsection (3) for “body” (in each place) substitute “relevant approved regulator”, and
(d) after that subsection insert—
“(4) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”
87 Omit sections 34 to 52 (extension of conveyancing services).
88 Omit sections 54 and 55 (preparation of probate papers etc).
89 In section 60 (regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales)—
(a) in subsection (1) for “Secretary of State” substitute “Lord Chancellor”,
(b) in subsection (2) for “Secretary of State” substitute “Lord Chancellor”,
(c) after subsection (2) insert—
“(2A) Regulations may be made under this section only if—
(a) the Legal Services Board has made a recommendation under section 60A,
(b) draft regulations were annexed to the recommendation, and
(c) the regulations are in the same form as, or a form not materially different from, the draft regulations.”, and
(d) in subsection (4) for “Secretary of State” substitute “Lord Chancellor”.
90 After that section insert—
(1) Before making a recommendation under this section, the Legal Services Board must publish a draft of—
(a) the proposed recommendation, and
(b) the proposed draft regulations.
(2) The draft must be accompanied by a notice which states that representations about the proposals may be made to the Board within a specified period.
(3) Before making the recommendation, the Board must have regard to any representations duly made.
(4) If the draft regulations to be annexed to the recommendation differ from the draft regulations published under subsection (1)(b) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft recommendations along with a statement detailing the changes made and the reasons for the changes.”
91 Omit section 63 (legal professional privilege).
92 Omit section 69 (exemption from liability for damages etc).
93 Omit section 70 (offences).
94 In section 71 (qualification for judicial and certain other appointments)—
(a) in subsection (4) for “granted by an authorised body” substitute “exercisable by virtue of an authorisation given by a relevant approved regulator”,
(b) in subsection (6) for “the authorised body concerned” substitute “the relevant approved regulator”, and
(c) after that subsection insert—
“(6A) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”
95 In section 75 (judges etc barred from legal practice), after paragraph (b) insert—
“(ba) carry on any notarial activities (within the meaning of the Legal Services Act 2007);”.
96 Omit section 113 (administration of oaths and taking of affidavits).
97 (1) Section 119 (interpretation) is amended as follows.
(2) In subsection (1) omit the following definitions—
“authorised advocate”
“authorised body” and “appropriate authorised body”
“authorised litigator”
“authorised practitioner”
“Consultative Panel”
“duly certificated notary public”
“the general principle”
“qualified person”
“the statutory objective”.
(3) In that subsection, for the definition of “court” substitute—
““court” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);”.
(4) In that subsection, for the definition of “qualification regulations” and “rules of conduct” substitute—
““qualification regulations” and “conduct rules”, in relation to a body, have the same meaning as in the Legal Services Act 2007 (see section 21 of that Act);”.
(5) In that subsection, in the definition of “right to conduct litigation”—
(a) in paragraph (a) after “court” insert “in England and Wales”,
(b) for “and” at the end of that paragraph substitute—
“(aa) to commence, prosecute and defend such proceedings; and”.
(6) In subsection (3) for from “(including” to the end substitute “to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act)).”
98 In section 120 (regulations and orders) omit—
(a) in subsection (4) —
(i) “26(1), 37(10), 40(1)”, and
(ii) from “paragraph 24” to “Schedule 9”, and
(b) subsection (5).
99 In section 125 (power to make provision consequential on provision made by Part 2 of Administration of Justice Act 1985 etc)—
(a) in subsection (4) for “Secretary of State” substitute “Lord Chancellor”, and
(b) for subsection (5) substitute—
“(5) In subsection (4)—
(a) “relevant enactments” means such enactments or instruments passed or made before or in the same Session as the Legal Services Act 2007 was passed as may be specified in the order, and
(b) the reference to Part 2 is a reference to that Part as amended by that Act or any enactment or instruments passed or made before or in the same Session as that Act was passed.”
100 Omit the following provisions—
(a) Schedule 4 (authorised bodies);
(b) Schedule 5 (the Authorised Conveyancing Practitioners Board);
(c) Schedule 6 (the Conveyancing Appeals Tribunals);
(d) Schedule 7 (the Conveyancing Ombudsman Scheme);
(e) in Part 2 of Schedule 8 (amendments of provisions relating to powers of Conveyancing Licensing Council etc), paragraphs 14 to 20 and 21(1)(b);
(f) Schedule 9 (probate).
101 In paragraph 17 of Schedule 19 (revocation of appointment under section 1(1) of the Commissioners for Oaths Act 1889) for “Secretary of State” substitute “Lord Chancellor”.
102 In section 114 (appointment etc of inspectors), in subsection (4) omit “, although not of counsel or a solicitor,”.
103 In section 62 of the Friendly Societies Act 1992 (powers to obtain information and documents etc)—
(a) in subsection (7), for paragraphs (a) and (b) substitute—
“(a) by a relevant lawyer of a document or material contained in a privileged communication or, in Scotland, a communication which is protected from disclosure on the ground of confidentiality, made by or to the relevant lawyer in that capacity or the furnishing of information contained in such communication so made;”, and
(b) in subsection (12), at the end insert “; and
“relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, be protected from disclosure in legal proceedings on grounds of confidentiality of communication.”
104 The Trade Union and Labour Relations Consolidation Act 1992 is amended in accordance with paragraphs 105 to 107.
105 In section 194 (offence of failure to notify), in subsection (2) omit “, although not of counsel or a solicitor,”.
106 In section 216 (constitution and proceedings of court of inquiry)—
(a) in subsection (6) for “counsel or solicitor” (in both places) substitute “a relevant lawyer”, and
(b) after subsection (6) insert—
“(7) In subsection (6) “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 the exercise of a right of audience or the conduct of litigation within the meaning of that Act, or
(b) an advocate or solicitor in Scotland.”
107 In section 288 (restriction on contracting out), in subsection (4B)(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”.
108 In Schedule 21 of the Finance Act 1993 (oil taxation)—
(a) the existing paragraph 7 becomes sub-paragraph (1) of that paragraph,
(b) in that sub-paragraph for “barrister, advocate or a solicitor” substitute “relevant lawyer”, and
(c) after that sub-paragraph insert—
“(2) “Relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.”
109 The Trade Marks Act 1994 is amended in accordance with paragraphs 110 to 115.
110 In section 52 (power to make provision in connection with Community trade mark regulation), in subsection (3)(b) for “trade mark agents and registered trade mark agents” substitute “trade mark attorneys and registered trade mark attorneys”.
111 In section 84 (unregistered persons not to be described as registered trade mark agents)—
(a) in subsection (1)—
(i) for “agent” (in the first place) substitute “attorney”,
(ii) in paragraph (a) after “agent”” insert “or registered trade mark attorney”, and
(iii) in paragraph (b) after “agent” insert “or a registered trade mark attorney”,
(b) in subsection (2)—
(i) in paragraph (a) after “agent”” insert “or registered trade mark attorney”, and
(ii) in paragraph (b) after “agents”” insert “or registered trade mark attorneys”, and
(c) in subsection (3)—
(i) in paragraph (a) after “agent”” insert “or registered trade mark attorney”, and
(ii) in paragraph (b) after “agent” insert “or a registered trade mark attorney”.
112 In section 86 (use of the term “trade mark attorney”) in subsection (1) for “agent” substitute “attorney”.
113 In section 87 (privilege for communications with registered trade mark agents)—
(a) in subsection (1), after “to” (in the first place) insert “—
(a) ”,
(b) at the end of that subsection insert “, and
(b) documents, material or information relating to any matter mentioned in paragraph (a).”,
(c) for subsection (2) substitute—
“(2) Where a trade mark attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the trade mark attorney had at all material times been acting as the client’s solicitor.”, and
(d) in subsection (3)—
(i) for “agent” (in each place) substitute “attorney”, and
(ii) for “agents” substitute “attorneys”.
114 In section 88 (power of registrar to refuse to deal with certain agents)—
(a) in paragraph (b) for “agents” substitute “attorneys”, and
(b) in paragraph (c) for “agents” substitute “attorneys”.
115 In section 104 (index of defined expressions, in the entry for “registered trade mark agent”—
(a) for “agent” substitute “attorney”, and
(b) for “(1)” substitute “(2)”.
116 In section 38 of the Criminal Justice and Public Order Act 1994 (interpretation and savings for sections 34 to 37 of that Act) 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); and”.
117 In section 54 of the Environment Act 1995 (appearance in legal proceedings), omit “although not of counsel or a solicitor”.
118 In Part 1 of Schedule 3A to the Disability Discrimination Act 1995 (validity and revision of contracts), in paragraph 2(5)(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”.
119 In section 84 of the Police Act 1996 (representation at disciplinary and other proceedings)—
(a) in subsection (2) for “either by counsel or by a solicitor” substitute “by 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)”, and
(b) in subsection (6), for “counsel or a solicitor” 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 (within the meaning of that Act)”.
120 In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (4)(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”.
121 In Schedule 4 of the Family Law Act 1996—
(a) for paragraph 1 substitute—
“1 In this Schedule “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 a reserved instrument activity (within the meaning of that Act).”,
(b) in paragraph 3(3) for “solicitor” substitute “legal representative”, and
(c) in paragraph 5(2)(a) for “solicitor” substitute “legal representative”.
122 In section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee)—
(a) in subsection (2), in paragraph (f) for from “granted” to “right” substitute “authorised by a relevant approved regulator”, and
(b) after that subsection insert—
“(2A) In subsection (2)(f) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”
123 In section 2 of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in subsection (1) in the definition of “legal representative” for “any authorised advocate” to “Act 1990)” 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 who is”.
124 The National Minimum Wage Act 1998 is amended in accordance with paragraphs 125 and 126.
125 In section 33 (proceedings for offences)—
(a) in subsection (1) omit paragraph (a), and
(b) after that subsection insert—
“(1A) The persons who may conduct proceedings for an offence under this Act in England and Wales, before a magistrates' court, shall include any person authorised for the purpose by the Secretary of State.”
126 In section 49 (restrictions on contracting out) for subsection (7)(a) substitute—
“(a) as regards 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 or the conduct of litigation (within the meaning of that Act);”.
127 The Access to Justice Act 1999 is amended in accordance with paragraphs 128 to 131.
128 In section 16(4) (code of conduct) after “consult” insert “the Legal Services Board,”.
129 In section 44 (barristers employed by solicitors)—
(a) in subsection (1)—
(i) omit “is employed by”,
(ii) for paragraphs (a) and (b) substitute—
“(a) is employed by an authorised person, or
(b) is a manager of such a person,”, and
(iii) for “his employer” substitute “the authorised person of which the barrister is an employee or a manager”,
(b) in subsection (2) after “employees” insert “or managers of an authorised person”, and
(c) after that subsection insert—
“(3) In this section—
“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 is a reserved legal activity (within the meaning of that Act), and
“manager” has the same meaning as in that Act (see section 207 of that Act).”
130 In section 45 (fees on application for appointment as Queen’s Counsel), in subsections (1) and (2) for “Secretary of State” (in each place) substitute “Lord Chancellor”.
131 In section 46 (Bar practising certificates)—
(a) omit subsection (2)(b) and the “but” immediately preceding it, and
(b) omit subsections (3) to (6).
132 In section 63 of the Youth Justice and Criminal Evidence Act 1999 (general interpretation etc of Part 2), in subsection (1), in the definition of “legal representative” for “any 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);”.
133 In section 15 of the Criminal Justice and Court Services Act 2000 (right to conduct litigation and right of audience)—
(a) in subsection (2) 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 that activity”, and
(b) in subsection (3) for “section 27(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 that activity”.
Legal Services Act 2007