Legal Services Act 2007 (c. 29)

SCHEDULE 21 continued

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Finance Act 2002 (c. 23)

134 The Finance Act 2002 is amended in accordance with paragraphs 135 and 136.

135 In Schedule 34 (stamp duty: withdrawal of group relief: supplementary provisions), in paragraph 10—

(a) in sub-paragraph (2) for “A barrister or solicitor” substitute “A relevant lawyer”, and

(b) after that sub-paragraph insert—

“(2A) “Relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.”

136 In Schedule 35 (stamp duty: withdrawal of relief for company acquisitions: supplementary provisions), in paragraph 11—

(a) in sub-paragraph (2) for “A barrister or solicitor” substitute “A relevant lawyer”, and

(b) after that sub-paragraph insert—

“(2A) “Relevant lawyer” means a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.”

Income Tax (Earnings and Pensions) Act 2003 (c. 1)

137 In section 343 of the Income Tax (Earnings and Pensions) Act 2003 (deduction for professional membership fees), in the table in subsection (2)—

(a) for “patent agent” and “patent agents” (in each place) substitute “patent attorney” and “patent attorneys” respectively, and

(b) for “trade mark agent” and “trade mark agents” (in each place) substitute “trade mark attorney” and “trade mark attorneys” respectively.

Finance Act 2003 (c. 14)

138 In Schedule 13 to the Finance Act 2003 (stamp duty land tax: information powers)—

(a) in paragraph 22, in sub-paragraphs (1) and (2), for “barrister, advocate or solicitor” substitute “relevant lawyer”,

(b) after sub-paragraph (2) of that paragraph insert—

“(3) “Relevant lawyer” means a barrister, advocate, solicitor or other professional legal adviser communications with whom may be the subject of a claim to legal privilege.

(4) “Legal privilege” here has the same meaning as in paragraph 35 of this Schedule.”, and

(c) in paragraph 25 for “barrister, advocate or solicitor” substitute “relevant lawyer (within the meaning of paragraph 22(3))”.

Licensing Act 2003 (c. 17)

139 The Licensing Act 2003 is amended in accordance with paragraphs 140 and 141.

140 In section 58 (meaning of “certified copy” in section 57 of that Act), after subsection (3) insert—

“(4) In this section “notary” 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).”

141 In section 95 (meaning of “certified copy” in section 94 of that Act), after subsection (3) insert—

Courts Act 2003 (c. 39)

142 The Courts Act 2003 is amended in accordance with paragraphs 143 and 144.

143 In section 70 (Criminal Procedure Rule Committee)—

(a) in subsection (2), in paragraph (i)(i) for from “granted” to “right” substitute “authorised by a relevant approved regulator”, and

(b) after that subsection insert—

“(2A) In subsection (2)(i)(i) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”

144 (1) Section 77 (Family Procedure Rule Committee) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (k) for from “granted” to “right” substitute “authorised by a relevant approved regulator”,

(b) in paragraph (l) for “granted that right” substitute “authorised”, and

(3) For subsection (5)(b) substitute—

“(b) is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).”

(4) After subsection (7) insert—

“(8) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.”

Criminal Justice Act 2003 (c. 44)

145 The Criminal Justice Act 2003 is amended in accordance with paragraphs 146 to 148.

146 In section 56 (interpretation of Part 8), 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),”.

147 In section 159 (disclosure of pre-sentence reports etc), in subsection (2)(a) for “counsel or solicitor” substitute “legal representative”.

148 In section 160 (other reports of local probation boards and members of youth offending teams) in subsection (2)(a) for “counsel or solicitor” substitute “legal representative”.

Children Act 2004 (c. 31)

149 In section 37 of the Children Act 2004 (Welsh family proceedings officers)—

(a) in subsection (2) for “section 28(2)(a) of the Courts and Legal Services Act 1990 (c 41)” 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”.

Civil Partnership Act 2004 (c. 33)

150 In section 42 of the Civil Partnership Act 2004 (attempts at reconciliation of civil partners) in subsection (2) for “solicitor” substitute “legal representative”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

151 In section 13 of the Public Services Ombudsman (Wales) Act 2005 (investigations by Ombudsman)—

(a) in subsection (4)(b), for “counsel, solicitor” substitute “an authorised person”, and

(b) after subsection (4) insert—

“(4A) In subsection (4) “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).”

Equality Act 2006 (c. 3)

152 In Schedule 2 to the Equality Act 2006 (representations to Commission in relation to inquiry etc.), in paragraph 8—

(a) in sub-paragraph (2)(b), for “a barrister, an advocate or a solicitor” substitute “a relevant lawyer”, and

(b) after sub-paragraph (2) insert—

“(2A) “Relevant lawyer” means—

(a) an advocate or solicitor in Scotland, or

(b) 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).”

Natural Environment and Rural Communities Act 2006 (c. 16)

153 In section 12(2) of the Natural Environment and Rural Communities Act 2006 (power to bring criminal proceedings) omit “even though he is not a barrister or solicitor”.

National Health Service Act 2006 (c. 41)

154 In section 194(4) of the National Health Service Act 2006 (conduct of proceedings under section 194) omit “, although he is not a barrister or solicitor,”.

National Health Service (Wales) Act 2006 (c. 42)

155 In section 142(4) of the National Health Service (Wales) Act 2006 (conduct of proceedings under section 142) omit “, although he is not a barrister or solicitor,”.”

Companies Act 2006 (c. 46)

156 In Schedule 2 to the Companies Act 2006 (exceptions from restrictions on disclosure), in paragraph 67—

(a) for “solicitor, barrister, advocate” substitute “relevant lawyer”, and

(b) for ““Foreign lawyer”” to the end substitute— “In this paragraph—

“foreign lawyer” means a person (other than a relevant lawyer) who is a foreign lawyer within the meaning of section 89(9) of the Courts and Legal Services Act 1990;

“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

Income Tax Act 2007 (c. 3)

157 The Income Tax Act 2007 is amended in accordance with paragraphs 158 to 161.

158 In section 748 (power to obtain information)—

(a) in subsection (4) for “solicitor” substitute “relevant lawyer”,

(b) after that subsection insert—

“(4A) 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 or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication.”, and

159 In section 749 (restrictions on particulars to be provided by solicitors)—

(a) in the heading for “solicitors” substitute “relevant lawyers”,

(b) for “solicitor” (in each place) substitute “relevant lawyer”, and

“(7) 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 or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication;
“settlement” and “settlor” have the meanings given by section 620 of ITTOIA 2005.”

160 In section 771 (power to obtain information)—

(a) in subsections (5) and (6) for “solicitor” (in each place) substitute “relevant lawyer”, and

(b) after subsection (6) insert—

“(7) 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 or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication.”

161 In section 788 (power to obtain information)—

(a) in subsections (5) and (6) for “solicitor” (in each place) substitute “relevant lawyer”, and

(b) after subsection (6) insert—

Tribunals, Courts and Enforcement Act 2007 (c. 15)

162 (1) Section 51 of the Tribunals, Courts and Enforcement Act 2007 (meaning of “relevant qualification”) is amended as follows.

(2) In subsection (2), for from “awarded” to the end substitute “awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).”

(3) In subsection (4)—

(a) in paragraph (b), for “(2)(b)” substitute “(2)”,

(b) in paragraph (c), for from “the body” to “of that Act” substitute “, for the purposes of the Legal Services Act 2007, the body—

(i) is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and

(ii) is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),”, and

(c) for from “paragraph 33(1)” to the end substitute “section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator).”