|
| |
| |
| |
(1) | This section and sections 209(2) to (5), 213 and 215 come into force on the day |
| |
| |
(2) | Subject to that, the provisions of this Act come into force on such day as may |
| |
be appointed by order of the Lord Chancellor, provided always that no order |
| 5 |
may be made by the Lord Chancellor bringing into force Part 5 of this Act and |
| |
the related Schedules 10 to 14 until after— |
| |
(a) | consideration by both Houses of Parliament of a comprehensive report |
| |
to be commissioned by the Lord Chancellor from an independent |
| |
| 10 |
(i) | the advantages or disadvantages (or both) which may be |
| |
realistically expected to flow from the implementation of Part 5, |
| |
including the benefits or risks (or both) to consumers, |
| |
(ii) | the potential enhancement or curtailment (or both) of access to |
| |
| 15 |
(iii) | the threats actual or internationally perceived to the |
| |
independence of lawyers practising in England and Wales, and |
| |
(b) | the laying of the draft of a statutory instrument designed to bring into |
| |
force the whole or part of Part 5 and the related Schedules before each |
| |
House of Parliament and approval thereof by resolution of each House. |
| 20 |
(3) | In this section an “independent source” means a source (such as a research |
| |
organisation) which is independent of Government, free of connections with |
| |
any political party and free of connections with any individual or body |
| |
representing consumer interests or lawyers. |
| |
| 25 |
(1) | Subject to subsections (2) and (3), this Act extends to England and Wales only. |
| |
(2) | Sections 196 and 197(1) and Schedule 20 extend to Scotland only (and, for the |
| |
purposes of those provisions, this Part also extends there). |
| |
(3) | An amendment or repeal contained in this Act (and, for the purposes of such |
| |
an amendment or repeal, this Part) has the same extent as the enactment or |
| 30 |
relevant part of the enactment to which the amendment or repeal relates. |
| |
214 | Index of defined expressions |
| |
Schedule 24 lists the places where expressions used in this Act are defined or |
| |
| |
| 35 |
(1) | This Act may be cited as the Legal Services Act 2007. |
| |
(2) | Nothing in this Act shall impose any charge on the people or on public |
| |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| |
in any manner, or affect the assessment, levying, administration or |
| |
application of any money raised by any such charge. |
| 40 |
| |
| |
| |
|
| |
| |
| |
| |
| |
| |
| |
1 (1) | The Board is to consist of the following members— |
| 5 |
(a) | a chairman appointed by the Lord Chancellor with the concurrence |
| |
of the Lord Chief Justice, |
| |
(b) | the Chief Executive of the Board (see paragraph 11), and |
| |
(c) | at least 7, but not more than 10, other persons appointed by the Lord |
| |
Chancellor with the concurrence of the Lord Chief Justice. |
| 10 |
(2) | In this Schedule a reference to an “ordinary member” is a reference to a |
| |
member of the Board other than the Chief Executive. |
| |
(3) | The Lord Chancellor may by order amend sub-paragraph (1) by substituting |
| |
for the limit on the maximum number of persons for the time being specified |
| |
in paragraph (c) of that sub-paragraph a different limit. |
| 15 |
2 (1) | In appointing persons as ordinary members the Lord Chancellor and Lord |
| |
Chief Justice must ensure that a majority of the members of the Board are lay |
| |
| |
(2) | The first chairman must be a lay person. |
| |
(3) | It is a condition of the appointment of any subsequent chairman that the |
| 20 |
person appointed must not during the appointment— |
| |
(a) | carry on any activity which is a reserved legal activity, |
| |
(b) | provide regulated claims management services (within the meaning |
| |
of Part 2 of the Compensation Act 2006 (c. 29)), or |
| |
(c) | provide immigration advice or immigration services, |
| 25 |
| for or in expectation of any fee, gain or reward. |
| |
(4) | In this Schedule a reference to a “lay person” is a reference to a person who |
| |
| |
(a) | an authorised person in relation to an activity which is a reserved |
| |
| 30 |
(b) | a person authorised, by a person designated under section 5(1) of the |
| |
Compensation Act 2006, to provide services which are regulated |
| |
claims management services (within the meaning of that Act); |
| |
(c) | an advocate in Scotland; |
| |
(d) | a solicitor in Scotland; |
| 35 |
(e) | a member of the Bar of Northern Ireland; |
| |
(f) | a solicitor of the Court of Judicature of Northern Ireland. |
| |
| |
| |
|
| |
| |
(5) | For the purposes of sub-paragraph (4), a person is deemed to have been an |
| |
authorised person in relation to an activity which is a reserved legal activity |
| |
if that person has before the appointed day been— |
| |
| |
| 5 |
| |
(d) | a licensed conveyancer; or |
| |
(e) | granted a right of audience or a right to conduct litigation in relation |
| |
to any proceedings by virtue of section 27(2)(a) or section 28(2)(a) of |
| |
the Courts and Legal Services Act 1990 (c. 41) (rights of audience and |
| 10 |
rights to conduct litigation). |
| |
(6) | For the purpose of sub-paragraph (5)— |
| |
“appointed day” means the day appointed for the coming into force of |
| |
| |
“licensed conveyancer” has the meaning given by section 11(2) of the |
| 15 |
Administration of Justice Act 1985 (c. 61). |
| |
3 | In appointing persons to be ordinary members, the Lord Chancellor and |
| |
Lord Chief Justice must have regard to the desirability of securing that the |
| |
Board includes members who (between them) have experience in or |
| |
| 20 |
(a) | the provision of legal services; |
| |
(b) | legal education and legal training; |
| |
| |
(d) | civil or criminal proceedings and the working of the courts; |
| |
| 25 |
(f) | the maintenance of the professional standards of persons who |
| |
| |
(g) | the maintenance of standards in professions other than the legal |
| |
| |
(h) | the handling of complaints; |
| 30 |
| |
(j) | non-commercial legal services; |
| |
(k) | the differing needs of consumers; |
| |
(l) | the provision of claims management services (within the meaning of |
| |
Part 2 of the Compensation Act 2006 (c. 29)). |
| 35 |
Terms of appointment and tenure of members |
| |
4 | An ordinary member is to hold and vacate office in accordance with the |
| |
terms and conditions of that member’s appointment (subject to this |
| |
| |
5 (1) | An ordinary member must be appointed for a fixed period. |
| 40 |
(2) | The period for which an ordinary member is appointed must not exceed 5 |
| |
| |
(3) | A person who has held office as an ordinary member may be re-appointed, |
| |
once only, for a further period (whether consecutive or not) not exceeding 5 |
| |
| 45 |
| |
| |
|
| |
| |
6 | If an ordinary member who is a lay person becomes a person within |
| |
paragraphs (a) to (f) of paragraph 2(4) that person ceases to be a member of |
| |
| |
7 (1) | An ordinary member may at any time— |
| |
(a) | resign from office by giving notice to the Lord Chancellor; |
| 5 |
(b) | be removed from office by the Lord Chancellor with the concurrence |
| |
of the Lord Chief Justice. |
| |
(2) | The Lord Chancellor and Lord Chief Justice may not under sub-paragraph |
| |
(1)(b) remove an ordinary member from office unless sub-paragraph (3) or |
| |
| 10 |
(3) | This sub-paragraph applies if the Lord Chancellor and Lord Chief Justice are |
| |
satisfied that the member— |
| |
(a) | has failed without reasonable excuse to discharge the functions of the |
| |
office for a continuous period of at least 6 months, |
| |
(b) | has been convicted of an offence, |
| 15 |
(c) | is an undischarged bankrupt, or |
| |
(d) | is otherwise unfit to hold the office or unable to discharge its |
| |
| |
(4) | This sub-paragraph applies if the member is the chairman and has breached |
| |
the condition imposed on his appointment by paragraph 2(3). |
| 20 |
(5) | Before removing the chairman under sub-paragraph (1)(b), the Lord |
| |
Chancellor must seek the approval of the Lord Chief Justice. |
| |
(6) | Before the Lord Chancellor and Lord Chief Justice remove any ordinary |
| |
member (other than the chairman) under sub-paragraph (1)(b), the Lord |
| |
Chancellor must consult the chairman. |
| 25 |
(7) | The Lord Chancellor and Lord Chief Justice may not remove an ordinary |
| |
member on the ground mentioned in paragraph (a) of sub-paragraph (3) |
| |
more than 3 months after the end of the period mentioned in that paragraph. |
| |
8 | The chairman ceases to be chairman upon ceasing to be a member of the |
| |
| 30 |
9 | Where a person ceases to be employed as Chief Executive, that person ceases |
| |
to be a member of the Board. |
| |
Remuneration etc of members |
| |
10 | The chairman and other ordinary members are to be paid by the Board in |
| |
accordance with provision made by or under their terms of appointment. |
| 35 |
| |
11 | The Board must appoint a person as its Chief Executive. |
| |
12 | The Board may appoint such other staff as it considers appropriate to assist |
| |
in the performance of its functions. |
| |
13 | The Chief Executive and other staff are to be— |
| 40 |
(a) | appointed on terms and conditions determined by the Board, and |
| |
| |
| |
|
| |
| |
(b) | paid by the Board in accordance with provision made by or under |
| |
the terms of appointment. |
| |
14 | The terms and conditions on which the Chief Executive or any other member |
| |
of staff is appointed may provide for the Board to pay, or make payments |
| |
towards the provision of, a pension, allowance or gratuity to or in respect of |
| 5 |
| |
15 | A member of staff appointed under paragraph 12 may be a member (but not |
| |
| |
Arrangements for assistance |
| |
16 (1) | The Board may make arrangements with such persons as it considers |
| 10 |
appropriate for assistance to be provided to it. |
| |
(2) | Arrangements may include the paying of fees to such persons. |
| |
| |
17 (1) | The Board may establish committees. |
| |
(2) | Any committee so established may establish sub-committees. |
| 15 |
(3) | Only members of the Board may be members of a committee or sub- |
| |
| |
(4) | A majority of the members of a committee or sub-committee must be lay |
| |
| |
| 20 |
18 (1) | The Board may regulate its own procedure, and the procedure of its |
| |
committees and sub-committees, including quorum. |
| |
(2) | But the quorum of a committee or sub-committee must not be less than 3. |
| |
(3) | The Board must publish any rules of procedure made under this paragraph. |
| |
(4) | This paragraph is without prejudice to any other power the Board has under |
| 25 |
| |
19 | The validity of any act of the Board is not affected— |
| |
(a) | by a vacancy in the office of chairman or amongst the other members, |
| |
| |
(b) | by a defect in the appointment or any disqualification of a person as |
| 30 |
chairman or another member of the Board. |
| |
| |
20 (1) | The Board may authorise— |
| |
(a) | the chairman, the Chief Executive or any other member of the Board, |
| |
(b) | a committee or sub-committee of the Board, or |
| 35 |
(c) | a member of staff appointed under paragraph 12, |
| |
| to exercise, on behalf of the Board, such of its functions, in such |
| |
circumstances, as it may determine. |
| |
| |
| |
|
| |
| |
(2) | A committee may delegate functions (including functions delegated to the |
| |
| |
| |
(b) | the chairman, the Chief Executive or any other member of the Board, |
| |
| 5 |
(c) | a member of staff appointed under paragraph 12. |
| |
(3) | Sub-paragraphs (1) and (2) are subject to— |
| |
(a) | any provision made by an order under section 62 by virtue of section |
| |
64(2)(k) (powers to authorise the Board to delegate to any person |
| |
functions conferred on it in its capacity as an approved regulator), |
| 10 |
| |
(b) | section 73(3)(a) (power to delegate to any person functions conferred |
| |
on the Board in its capacity as a licensing authority). |
| |
(4) | Sub-paragraph (1) does not apply to any power or duty the Board has to |
| |
make rules (other than excluded rules) under this Act. |
| 15 |
(5) | In sub-paragraph (4) “excluded rules” means— |
| |
(a) | rules of procedure made under paragraph 18 in relation to any |
| |
committee or sub-committee of the Board, and |
| |
(b) | rules made by the Board in its capacity as an approved regulator or |
| |
| 20 |
| |
21 | The Board is not to borrow money, except— |
| |
(a) | with the consent of the Lord Chancellor, or |
| |
(b) | in accordance with a general authorisation given by the Lord |
| |
| 25 |
| |
| |
(a) | keep proper accounts and proper records in relation to the accounts, |
| |
| |
(b) | prepare in respect of each financial year a statement of accounts. |
| 30 |
(2) | Each statement of accounts must comply with any directions given by the |
| |
Lord Chancellor, with the approval of the Treasury, as to— |
| |
(a) | the information to be contained in it and the manner in which it is to |
| |
| |
(b) | the methods and principles according to which the statement is to be |
| 35 |
| |
(c) | the additional information (if any) which is to be provided for the |
| |
information of Parliament. |
| |
(3) | The Board must give a copy of each statement of accounts— |
| |
(a) | to the Lord Chancellor, and |
| 40 |
(b) | to the Comptroller and Auditor General, |
| |
| before the end of the month of August next following the financial year to |
| |
which the statement relates. |
| |
(4) | The Comptroller and Auditor General must— |
| |
| |
| |
|
| |
| |
(a) | examine, certify and report on each statement of accounts which is |
| |
received under sub-paragraph (3), and |
| |
(b) | give a copy of the Comptroller and Auditor General’s report to the |
| |
| |
(5) | In respect of each financial year, the Lord Chancellor must lay before |
| 5 |
Parliament a document consisting of— |
| |
(a) | a copy of the statement of accounts for that year, and |
| |
(b) | a copy of the Comptroller and Auditor General’s report on that |
| |
| |
(6) | “Financial year” means— |
| 10 |
(a) | the period beginning with the day on which the Board is established |
| |
and ending with the next following 31 March, and |
| |
(b) | each successive period of 12 months. |
| |
| |
23 (1) | The Board is not to be regarded— |
| 15 |
(a) | as the servant or agent of the Crown, or |
| |
(b) | as enjoying any status, immunity or privilege of the Crown. |
| |
| |
(a) | the Board’s property is not to be regarded as property of or held on |
| |
| 20 |
(b) | the Board’s staff are not to be regarded as servants or agents of the |
| |
Crown or as enjoying any status, immunity or privilege of the |
| |
| |
Application of seal and proof of instruments |
| |
24 | The application of the seal of the Board is to be authenticated by the |
| 25 |
signature of any member of the Board, or of its staff, who has been |
| |
authorised (whether generally or specifically) by the Board for the purpose. |
| |
25 | Any contract or instrument which, if entered into or executed by an |
| |
individual, would not need to be under seal may be entered into or executed |
| |
on behalf of the Board by any person who has been authorised (whether |
| 30 |
generally or specifically) by the Board for the purpose. |
| |
26 | A document purporting to be duly executed under the seal of the Board or |
| |
| |
(a) | is to be received in evidence, and |
| |
(b) | is to be taken to be executed or signed in that way, unless the |
| 35 |
| |
| |
27 (1) | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(c. 24) (bodies of which all members are disqualified) at the appropriate |
| |
| 40 |
“The Legal Services Board.” |
| |
(2) | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (c. 25) (bodies of which all members are disqualified) at the |
| |
| |
| |
|
