|
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|
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141 | The Courts Act 2003 is amended in accordance with paragraphs 142 and 143. |
| |
142 | In section 70 (Criminal Procedure Rule Committee)— |
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(a) | in subsection (2), in paragraph (i)(i) for from “granted” to “right” |
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substitute “authorised by a relevant approved regulator”, and |
| 5 |
(b) | after that subsection insert— |
| |
“(2A) | In subsection (2)(i)(i) “relevant approved regulator” is to be |
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construed in accordance with section 20(3) of the Legal |
| |
| |
143 (1) | Section 77 (Family Procedure Rule Committee) is amended as follows. |
| 10 |
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(a) | in paragraph (k) for from “granted” to “right” substitute “authorised |
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by a relevant approved regulator”, |
| |
(b) | in paragraph (l) for “granted that right” substitute “authorised”, and |
| |
(c) | in paragraph (m) for “granted that right” substitute “authorised”. |
| 15 |
(3) | For subsection (5)(b) substitute— |
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“(b) | is a relevant approved regulator in relation to the exercise of |
| |
a right of audience or the conduct of litigation (or both).” |
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(4) | After subsection (7) insert— |
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“(8) | In this section “relevant approved regulator” is to be construed in |
| 20 |
accordance with section 20(3) of the Legal Services Act 2007.” |
| |
Criminal Justice Act 2003 (c. 44) |
| |
144 | The Criminal Justice Act 2003 is amended in accordance with paragraphs |
| |
| |
145 | In section 56 (interpretation of Part 8), in subsection (1), in the definition of |
| 25 |
“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),”. |
| |
146 | In section 159 (disclosure of pre-sentence reports etc), in subsection (2)(a) for |
| 30 |
“counsel or solicitor” substitute “legal representative”. |
| |
147 | In section 160 (other reports of local probation boards and members of youth |
| |
offending teams) in subsection (2)(a) for “counsel or solicitor” substitute |
| |
| |
Children Act 2004 (c. 31) |
| 35 |
148 | 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 |
| 40 |
(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) |
| |
149 | In section 42 of the Civil Partnership Act 2004 (attempts at reconciliation of |
| |
civil partners) in subsection (2) for “solicitor” substitute “legal |
| 5 |
| |
Public Services Ombudsman (Wales) Act 2005 (c. 10) |
| |
150 | In section 13 of the Public Ombudsman (Wales) Act 2005 (investigations by |
| |
| |
(a) | in subsection (4)(b), for “counsel, solicitor” substitute “an authorised |
| 10 |
| |
(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 |
| 15 |
the exercise of a right of audience or the conduct of litigation |
| |
(within the meaning of that Act).” |
| |
| |
151 | In Schedule 2 to the Equality Act 2006 (representations to Commission in |
| |
relation to inquiry etc.), in paragraph 8— |
| 20 |
(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 |
| 25 |
(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).” |
| 30 |
Natural Environment and Rural Communities Act 2006 (c. 16) |
| |
152 | 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 |
| |
| |
National Health Service Act 2006 (c. 41) |
| 35 |
153 | 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 |
| |
| |
|
| |
|
| |
|
National Health Service (Wales) Act 2006 (c. 42) |
| |
154 | 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 |
| |
| |
Companies Act 2006 (c. 46) |
| 5 |
155 | 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— |
| |
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“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 |
| |
| |
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(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 |
| |
| 20 |
(b) | a solicitor or barrister in Northern Ireland, |
| |
| |
(c) | a solicitor or advocate in Scotland.” |
| |
Income Tax Act 2007 (c. 3) |
| |
156 | The Income Tax Act 2007 is amended in accordance with paragraphs 157 to |
| 25 |
| |
157 | 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, |
| 30 |
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 |
| |
| 35 |
(c) | in subsection (5) for “solicitors” substitute “relevant lawyers”. |
| |
158 | 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 |
| |
(c) | for subsection (7) substitute— |
| 40 |
| |
“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 |
| |
| |
“settlement” and “settlor” have the meanings given by |
| |
section 620 of ITTOIA 2005.” |
| 5 |
159 | In section 771 (power to obtain information)— |
| |
(a) | in subsections (5) and (6) for “solicitor” (in each place) substitute |
| |
| |
(b) | after subsection (6) insert— |
| |
“(7) | In this section “relevant lawyer” means a barrister, advocate, |
| 10 |
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 |
| |
| 15 |
160 | In section 788 (power to obtain information)— |
| |
(a) | in subsections (5) and (6) for “solicitor” (in each place) substitute |
| |
| |
(b) | after subsection (6) insert— |
| |
“(7) | In this section “relevant lawyer” means a barrister, advocate, |
| 20 |
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 |
| |
| 25 |
Tribunals, Courts and Enforcement Act 2007 (c. ) |
| |
161 (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 |
| 30 |
regulator in relation to the exercise of a right of audience or the conduct of |
| |
litigation (within the meaning of that Act).” |
| |
| |
(a) | in paragraph (b), for “(2)(b)” substitute “(2)”, |
| |
(b) | in paragraph (c), for from “the body” to “of that Act” substitute “, for |
| 35 |
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 |
| 40 |
conduct of litigation (within the meaning of |
| |
| |
(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).” |
| 45 |
|
| |
|