Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
327

(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
5
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).
Bills of Exchange Act 1882 (c. 61)
10
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
15
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—
20
“(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).”
Commissioners for Oaths Act 1889 (c. 10)
25
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)
30
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).”
35
Benefices Act 1898 (c. 48)
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

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
328

(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
5
Act).”
Children and Young Persons Act 1933 (c. 12)
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
10
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”.
15
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
20
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);”.
London Building Acts (Amendment) Act 1939 (c. xcvii)
25
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—
30
“(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).”
35
Accommodation Agencies Act 1953 (c. 23)
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
40
(b)
in subsection (6), after “say:—” insert—
““authorised person” means a person (other than a
solicitor) who, for the purposes of the Legal Services

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
329

Act 2007, is an authorised person in relation to an
activity which is a reserved legal activity (within the
meaning of that Act);”.
Geneva Conventions Act 1957 (c. 52)
23
In section 3 of the Geneva Conventions Act 1957 (legal representation of
5
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
10
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).”
15
Horserace Betting Levy Act 1969 (c. 14)
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
20
(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
25
or the conduct of litigation (within the meaning of that Act).”
Taxes Management Act 1970 (c. 9)
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)
30
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,
35
solicitor or other legal representative communications with
whom may be the subject of a claim to professional
privilege.”
Powers of Attorney Act 1971 (c. 27)
26
In section 3 of the Powers of Attorney Act 1971 (proof of instruments
40
creating powers of attorney)—
(a)
in subsection (1)(b) for “duly certificated notary public” substitute “,
authorised person”, and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
330

(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”.
5
Poisons Act 1972 (c. 66)
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”.
Local Government Act 1972 (c. 70)
28
In section 223 of the Local Government Act 1972 (appearance of local
10
authorities in legal proceedings), in subsection (1) for “, notwithstanding” to
the end substitute “to conduct any such proceedings.”
Matrimonial Causes Act 1973 (c. 18)
29
In section 6 of the Matrimonial Causes Act 1973 (attempts at reconciliation
of parties to marriage) in subsection (1) for “solicitor” substitute “legal
15
representative”.
Fair Trading Act 1973 (c. 41)
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
20
(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.”
Consumer Credit Act 1974 (c. 39)
25
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.
30
(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
35
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
40
Supreme Court Act 1981).”

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
331

Sex Discrimination Act 1975 (c. 65)
32
In section 77 of the Sex Discrimination Act 1975 (validity and revision of
contracts), in subsection (4BB)(a) for “a barrister” (in 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
5
of a right of audience or the conduct of litigation (within the meaning of that
Act), and”.
Bail Act 1976 (c. 63)
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
10
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)—
15
(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”.
20
Race Relations Act 1976 (c. 74)
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
25
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
30
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
35
“Agents” substitute “Attorneys”.
Patents Act 1977 (c. 37)
40
In section 102 of the Patents Act 1977 (rights of audience etc in proceedings
before the comptroller)—
(a)
after subsection (2) insert—
40
“(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

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
332

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
5
to prepare deeds conferred on a registered patent attorney by
virtue of the Legal Services Act 2007.”
Estate Agents Act 1979 (c. 38)
41
In section 11 of the Estate Agents Act 1979 (powers of entry and
inspection)—
10
(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
15
communications with whom may be the subject of a claim to
privilege.”
Magistrates’ Courts Act 1980 (c. 43)
42
The Magistrates’ Courts Act 1980 is amended in accordance with
paragraphs 43 and 44.
20
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
25
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
30
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);”.
Supreme Court Act 1981 (c. 54)
45
The Supreme Court Act 1981 is amended in accordance with paragraphs 46
and 47.
35
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
40
construed in accordance with section 20(3) of the Legal
Services Act 2007.”

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Schedule 21 — Minor and consequential amendments
333

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)”.
5
Representation of the People Act 1983 (c. 2)
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
10
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
15
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
20
(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
25
(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
30
(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
35
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
40
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
45