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Legal Services Bill [HL]


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

340

 

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

341

 

(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

342

 

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

343

 

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.”

 

 

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

344

 

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

 

 

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

345

 

an activity which constitutes the exercise of a right of

audience (within the meaning of that Act).”

Mental Health Act 1983 (c. 20)

53         

The Mental Health Act 1983 is amended in accordance with paragraphs 54

to 60.

5

54         

In section 35 (remand to hospital for report on accused's mental condition),

in subsection (6) for “counsel or a solicitor and his counsel or solicitor”

substitute “an authorised person who”.

55         

In section 36 (removal of accused person to hospital for treatment), in

subsection (5) for “counsel or a solicitor and his counsel or solicitor”

10

substitute “an authorised person who”.

56         

In section 38 (interim hospital orders), in subsection (2) for “counsel or a

solicitor and his counsel or solicitor” substitute “an authorised person who”.

57         

In section 52 (further provisions as to persons remanded by magistrates'

courts), in subsection (7)(b) for “counsel or a solicitor” substitute “an

15

authorised person”.

58         

In section 54 (requirements as to medical evidence), in subsection (3)(a)—

(a)   

for “counsel or a solicitor” substitute “an authorised person”, and

(b)   

for “his counsel or solicitor” substitute “that authorised person”.

59         

In section 55 (interpretation of Part 3), in subsection (1) before the definitions

20

of “child” and “young person” insert—

““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);”.

25

60         

In section 78 (procedure of Mental Health Review Tribunals), in subsection

(7) for “counsel or a solicitor” substitute “an authorised person (within the

meaning of Part 3)”.

County Courts Act 1984 (c. 28)

61         

In section 147 of the County Courts Act 1984 (interpretation), in subsection

30

(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);”.

35

Inheritance Tax Act 1984 (c. 51)

62         

In section 219 of the Inheritance Tax Act 1984 (power to require

information)—

(a)   

in subsection (3) for “barrister or solicitor” substitute “relevant

lawyer”,

40

(b)   

in subsection (4) for “solicitor” (in both places) substitute “relevant

lawyer”, and

 

 

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

346

 

(c)   

after that subsection insert—

“(5)   

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.”

5

Companies Act 1985 (c. 6)

63         

In Schedule 15D of the Companies Act 1985 (disclosures)—

(a)   

the existing paragraph 46 becomes sub-paragraph (1) of that

paragraph,

(b)   

in that sub-paragraph for “solicitor, barrister” substitute “relevant

10

lawyer”, and

(c)   

after that sub-paragraph insert—

    “(2)  

“Relevant lawyer” means—

(a)   

a person who, for the purposes of the Legal

Services Act 2007, is an authorised person in

15

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

(c)   

a solicitor or advocate in Scotland.”

Prosecution of Offences Act 1985 (c. 23)

20

64         

In section 15 of the Prosecution of Offences Act 1985 (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 in relation to an activity which

constitutes the exercise of a right of audience or the conduct of litigation

25

(within the meaning of that Act);”.

Administration of Justice Act 1985 (c. 61)

65         

The Administration of Justice Act 1985 is amended in accordance with

paragraphs 66 and 67.

66         

In section 41 (application of disciplinary provisions to legal aid complaints

30

against barristers), in subsection (2) after “those provisions” insert “and

despite section 157 of the Legal Services Act 2007 (approved regulators not

to make provision for redress)”.

67         

In section 69(2) (commencement) for “Secretary of State” substitute “Lord

Chancellor”.

35

Social Security Act 1986 (c. 50)

68         

In section 56 of the Social Security Act 1986 (legal proceedings), in subsection

(1) omit “although not a barrister or solicitor”.

Building Societies Act 1986 (c. 53)

69         

The Building Societies Act 1986 is amended in accordance with paragraphs

40

70 to 72.

 

 

 
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