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Schedule 23 contains repeals (including repeals of spent provisions). |
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(1) | This section and sections 208(2) to (5), 212 and 214 come into force on the day |
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(2) | Subject to that, the provisions of this Act come into force on such day as may |
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be appointed by order of the Lord Chancellor. |
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(1) | Subject to subsections (2) and (3), this Act extends to England and Wales only. |
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(2) | Sections 195 and 196(1) and Schedule 20 extend to Scotland only (and, for the |
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purposes of those provisions, this Part also extends there). |
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(3) | An amendment or repeal contained in this Act (and, for the purposes of such |
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an amendment or repeal, this Part) has the same extent as the enactment or |
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relevant part of the enactment to which the amendment or repeal relates. |
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213 | Index of defined expressions |
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Schedule 24 lists the places where expressions used in this Act are defined or |
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This Act may be cited as the Legal Services Act 2007. |
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1 (1) | The Board is to consist of the following members— |
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(a) | a chairman appointed by the Lord Chancellor, |
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(b) | the Chief Executive of the Board (see paragraph 13), and |
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(c) | at least 7, but not more than 10, other persons appointed by the Lord |
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(2) | In this Schedule a reference to an “ordinary member” is a reference to a |
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member of the Board other than the Chief Executive. |
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(3) | The Lord Chancellor may by order amend sub-paragraph (1) by substituting |
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for the limit on the maximum number of persons for the time being specified |
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in paragraph (c) of that sub-paragraph a different limit. |
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2 (1) | In appointing persons as ordinary members the Lord Chancellor must |
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ensure that a majority of the members of the Board are lay persons. |
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(2) | The first chairman must be a lay person. |
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(3) | It is a condition of the appointment of any subsequent chairman that the |
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person appointed must not during the appointment— |
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(a) | carry on any activity which is a reserved legal activity, |
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(b) | provide regulated claims management services (within the meaning |
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of Part 2 of the Compensation Act 2006 (c. 29)), or |
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(c) | provide immigration advice or immigration services, |
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| for or in expectation of any fee, gain or reward. |
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(4) | In this Schedule a reference to a “lay person” is a reference to a person who |
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(a) | an authorised person in relation to an activity which is a reserved |
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(b) | a person authorised, by a person designated under section 5(1) of the |
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Compensation Act 2006, to provide services which are regulated |
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claims management services (within the meaning of that Act); |
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(c) | an advocate in Scotland; |
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(d) | a solicitor in Scotland; |
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(e) | a member of the Bar of Northern Ireland; |
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(f) | a solicitor of the Court of Judicature of Northern Ireland. |
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(5) | For the purposes of sub-paragraph (4), a person is deemed to have been an |
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authorised person in relation to an activity which is a reserved legal activity |
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if that person has before the appointed day been— |
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(d) | a licensed conveyancer; or |
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(e) | granted a right of audience or a right to conduct litigation in relation |
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to any proceedings by virtue of section 27(2)(a) or section 28(2)(a) of |
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the Courts and Legal Services Act 1990 (c. 41) (rights of audience and |
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rights to conduct litigation). |
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(6) | For the purpose of sub-paragraph (5)— |
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“appointed day” means the day appointed for the coming into force of |
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“licensed conveyancer” has the meaning given by section 11(2) of the |
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Administration of Justice Act 1985 (c. 61). |
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3 | In appointing persons to be ordinary members, the Lord Chancellor must |
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have regard to the desirability of securing that the Board includes members |
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who (between them) have experience in or knowledge of— |
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(a) | the provision of legal services; |
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(b) | legal education and legal training; |
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(d) | civil or criminal proceedings and the working of the courts; |
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(f) | the maintenance of the professional standards of persons who |
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(g) | the maintenance of standards in professions other than the legal |
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(h) | the handling of complaints; |
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(j) | non-commercial legal services; |
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(k) | the differing needs of consumers; |
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(l) | the provision of claims management services (within the meaning of |
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Part 2 of the Compensation Act 2006 (c. 29)). |
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Terms of appointment and tenure of members |
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4 | An ordinary member is to hold and vacate office in accordance with the |
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terms and conditions of that member’s appointment (subject to this |
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5 (1) | An ordinary member must be appointed for a fixed period. |
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(2) | The period for which an ordinary member is appointed must not exceed 5 |
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(3) | A person who has held office as an ordinary member may be re-appointed, |
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once only, for a further period (whether consecutive or not) not exceeding 5 |
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6 | If an ordinary member who is a lay person becomes a person within |
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paragraphs (a) to (f) of paragraph 2(4) that person ceases to be a member of |
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7 (1) | An ordinary member may at any time— |
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(a) | resign from office by giving notice to the Lord Chancellor; |
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(b) | be removed from office by the Lord Chancellor. |
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(2) | The Lord Chancellor may not under sub-paragraph (1)(b) remove an |
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ordinary member from office unless sub-paragraph (3) or (4) applies. |
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(3) | This sub-paragraph applies if the Lord Chancellor is satisfied that the |
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(a) | has failed without reasonable excuse to discharge the functions of the |
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office for a continuous period of at least 6 months, |
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(b) | has been convicted of an offence, |
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(c) | is an undischarged bankrupt, or |
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(d) | is otherwise unfit to hold the office or unable to discharge its |
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(4) | This sub-paragraph applies if the member is the chairman and has breached |
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the condition imposed on his appointment by paragraph 2(3). |
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(5) | Before removing any ordinary member (other than the chairman) under |
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sub-paragraph (1)(b), the Lord Chancellor must consult the chairman. |
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(6) | The Lord Chancellor may not remove an ordinary member on the ground |
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mentioned in paragraph (a) of sub-paragraph (3) more than 3 months after |
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the end of the period mentioned in that paragraph. |
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8 | The chairman ceases to be chairman upon ceasing to be a member of the |
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9 | Where a person ceases to be employed as Chief Executive, that person ceases |
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to be a member of the Board. |
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Remuneration etc of members |
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10 | The chairman and other ordinary members are to be paid by the Board in |
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accordance with provision made by or under their terms of appointment. |
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11 | The terms of appointment of the chairman or any other ordinary member |
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may provide for the Board to pay, or make payments towards the provision |
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of, a pension, allowance or gratuity to or in respect of that person. |
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12 | If the Lord Chancellor thinks there are circumstances that make it right for a |
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person ceasing to hold office as chairman or another ordinary member to |
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receive compensation, the Board may pay that person such compensation as |
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the Lord Chancellor may determine. |
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13 | The Board must appoint a person as its Chief Executive. |
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14 | The Board may appoint such other staff as it considers appropriate to assist |
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in the performance of its functions. |
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15 | The Chief Executive and other staff are to be— |
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(a) | appointed on terms and conditions determined by the Board, and |
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(b) | paid by the Board in accordance with provision made by or under |
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the terms of appointment. |
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16 | The terms and conditions on which the Chief Executive or any other member |
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of staff is appointed may provide for the Board to pay, or make payments |
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towards the provision of, a pension, allowance or gratuity to or in respect of |
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17 | The Board may pay compensation for loss of employment to or in respect of |
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a member (or former member) of staff. |
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18 | A member of staff appointed under paragraph 14 may be a member (but not |
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Arrangements for assistance |
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19 (1) | The Board may make arrangements with such persons as it considers |
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appropriate for assistance to be provided to it. |
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(2) | Arrangements may include the paying of fees to such persons. |
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20 (1) | The Board may establish committees. |
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(2) | Any committee so established may establish sub-committees. |
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(3) | Only members of the Board may be members of a committee or sub- |
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(4) | A majority of the members of a committee or sub-committee must be lay |
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21 (1) | The Board may regulate its own procedure, and the procedure of its |
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committees and sub-committees, including quorum. |
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(2) | But the quorum of a committee or sub-committee must not be less than 3. |
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(3) | The Board must publish any rules of procedure made under this paragraph. |
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(4) | This paragraph is without prejudice to any other power the Board has under |
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22 | The validity of any act of the Board is not affected— |
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(a) | by a vacancy in the office of chairman or amongst the other members, |
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(b) | by a defect in the appointment or any disqualification of a person as |
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chairman or another member of the Board. |
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23 (1) | The Board may authorise— |
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(a) | the chairman, the Chief Executive or any other member of the Board, |
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(b) | a committee or sub-committee of the Board, or |
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(c) | a member of staff appointed under paragraph 14, |
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| to exercise, on behalf of the Board, such of its functions, in such |
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circumstances, as it may determine. |
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(2) | A committee may delegate functions (including functions delegated to the |
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(b) | the chairman, the Chief Executive or any other member of the Board, |
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(c) | a member of staff appointed under paragraph 14. |
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(3) | Sub-paragraphs (1) and (2) are subject to— |
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(a) | any provision made by an order under section 62 by virtue of section |
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64(2)(k) (powers to authorise the Board to delegate to any person |
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functions conferred on it in its capacity as an approved regulator), |
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(b) | section 73(3)(a) (power to delegate to any person functions conferred |
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on the Board in its capacity as a licensing authority). |
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(4) | Sub-paragraph (1) does not apply to any power or duty the Board has to |
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make rules (other than excluded rules) under this Act. |
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(5) | In sub-paragraph (4) “excluded rules” means— |
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(a) | rules of procedure made under paragraph 21 in relation to any |
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committee or sub-committee of the Board, and |
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(b) | rules made by the Board in its capacity as an approved regulator or |
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24 | The Board is not to borrow money, except— |
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(a) | with the consent of the Lord Chancellor, or |
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(b) | in accordance with a general authorisation given by the Lord |
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(a) | keep proper accounts and proper records in relation to the accounts, |
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(b) | prepare in respect of each financial year a statement of accounts. |
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(2) | Each statement of accounts must comply with any directions given by the |
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Lord Chancellor, with the approval of the Treasury, as to— |
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(a) | the information to be contained in it and the manner in which it is to |
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(b) | the methods and principles according to which the statement is to be |
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(c) | the additional information (if any) which is to be provided for the |
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information of Parliament. |
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(3) | The Board must give a copy of each statement of accounts— |
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(a) | to the Lord Chancellor, and |
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(b) | to the Comptroller and Auditor General, |
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| before the end of the month of August next following the financial year to |
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which the statement relates. |
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(4) | The Comptroller and Auditor General must— |
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(a) | examine, certify and report on each statement of accounts which is |
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received under sub-paragraph (3), and |
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(b) | give a copy of the Comptroller and Auditor General’s report to the |
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(5) | In respect of each financial year, the Lord Chancellor must lay before |
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Parliament a document consisting of— |
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(a) | a copy of the statement of accounts for that year, and |
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(b) | a copy of the Comptroller and Auditor General’s report on that |
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(6) | “Financial year” means— |
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(a) | the period beginning with the day on which the Board is established |
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and ending with the next following 31 March, and |
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(b) | each successive period of 12 months. |
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26 (1) | The Board is not to be regarded— |
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(a) | as the servant or agent of the Crown, or |
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(b) | as enjoying any status, immunity or privilege of the Crown. |
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(a) | the Board’s property is not to be regarded as property of or held on |
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(b) | the Board’s staff are not to be regarded as servants or agents of the |
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Crown or as enjoying any status, immunity or privilege of the |
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Application of seal and proof of instruments |
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27 | The application of the seal of the Board is to be authenticated by the |
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signature of any member of the Board, or of its staff, who has been |
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authorised (whether generally or specifically) by the Board for the purpose. |
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28 | Any contract or instrument which, if entered into or executed by an |
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individual, would not need to be under seal may be entered into or executed |
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on behalf of the Board by any person who has been authorised (whether |
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generally or specifically) by the Board for the purpose. |
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29 | A document purporting to be duly executed under the seal of the Board or |
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(a) | is to be received in evidence, and |
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(b) | is to be taken to be executed or signed in that way, unless the |
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30 (1) | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
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(c. 24) (bodies of which all members are disqualified) at the appropriate |
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