Legal Services Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Legal Services Bill [HL]

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
354

to an activity which constitutes the exercise of a right of audience or the
conduct of litigation (within the meaning of that Act), and”.
Finance Act 1993 (c. 34)
108
In Schedule 21 of the Finance Act 1993 (oil taxation)—
(a)
the existing paragraph 7 becomes sub-paragraph (1) of that
5
paragraph,
(b)
in that sub-paragraph for “barrister, advocate or a solicitor”
substitute “relevant lawyer”, and
(c)
after that sub-paragraph insert—
    “(2)
“Relevant lawyer” means a barrister, advocate, solicitor or
10
other legal representative communications with whom
may be the subject of a claim to professional privilege.”
Trade Marks Act 1994 (c. 26)
109
The Trade Marks Act 1994 is amended in accordance with paragraphs 110 to
115.
15
110
In section 52 (power to make provision in connection with Community trade
mark regulation), in subsection (3)(b) for “trade mark agents and registered
trade mark agents” substitute “trade mark attorneys and registered trade
mark attorneys”.
111
In section 84 (unregistered persons not to be described as registered trade
20
mark agents)—
(a)
in subsection (1)—
(i)
for “agent” (in the first place) substitute “attorney”,
(ii)
in paragraph (a) after “agent”” insert “or registered trade
mark attorney”, and
25
(iii)
in paragraph (b) after “agent” insert “or a registered trade
mark attorney”,
(b)
in subsection (2)—
(i)
in paragraph (a) after “agent”” insert “or registered trade
mark attorney”, and
30
(ii)
in paragraph (b) after “agents”” insert “or registered trade
mark attorneys”, and
(c)
in subsection (3)—
(i)
in paragraph (a) after “agent”” insert “or registered trade
mark attorney”, and
35
(ii)
in paragraph (b) after “agent” insert “or a registered trade
mark attorney”.
112
In section 86 (use of the term “trade mark attorney”) in subsection (1) for
“agent” substitute “attorney”.
113
In section 87 (privilege for communications with registered trade mark
40
agents)—
(a)
in subsection (1), after “to” (in the first place) insert “—
(a)
”,

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
355

(b)
at the end of that subsection insert “, and
(b)
documents, material or information relating to any
matter mentioned in paragraph (a).”,
(c)
for subsection (2) substitute—
“(2)
Where a trade mark attorney acts for a client in relation to a
5
matter mentioned in subsection (1), any communication,
document, material or information to which this section
applies is privileged from disclosure in like manner as if the
trade mark attorney had at all material times been acting as
the client’s solicitor.”, and
10
(d)
in subsection (3)—
(i)
for “agent” (in each place) substitute “attorney”, and
(ii)
for “agents” substitute “attorneys”.
114
In section 88 (power of registrar to refuse to deal with certain agents)—
(a)
in paragraph (b) for “agents” substitute “attorneys”, and
15
(b)
in paragraph (c) for “agents” substitute “attorneys”.
115
In section 104 (index of defined expressions, in the entry for “registered trade
mark agent”—
(a)
for “agent” substitute “attorney”, and
(b)
for “(1)” substitute “(2)”.
20
Criminal Justice and Public Order Act 1994 (c. 33)
116
In section 38 of the Criminal Justice and Public Order Act 1994
(interpretation and savings for sections 34 to 37 of that Act) 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
25
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”.
Environment Act 1995 (c. 25)
117
In section 54 of the Environment Act 1995 (appearance in legal proceedings),
30
omit “although not of counsel or a solicitor”.
Disability Discrimination Act 1995 (c. 50)
118
In Part 1 of Schedule 3A to the Disability Discrimination Act 1995 (validity
and revision of contracts), in paragraph 2(5)(a) for “a barrister” (in the first
place) to the end substitute “a person who, for the purposes of the Legal
35
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”.
Police Act 1996 (c. 16)
119
In section 84 of the Police Act 1996 (representation at disciplinary and other
40
proceedings), in subsection (2) for “either by counsel or by a solicitor”
substitute “by 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)”.

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
356

Employment Rights Act 1996 (c. 18)
120
In section 203 of the Employment Rights Act 1996 (restrictions on
contracting out), in subsection (4)(a) for “a barrister” (in the 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
5
exercise of a right of audience or the conduct of litigation (within the
meaning of that Act), and”.
Family Law Act 1996 (c. 27)
121
In Schedule 4 of the Family Law Act 1996—
(a)
for paragraph 1 substitute—
10
“1
In this Schedule “legal representative” means 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 instrument activity (within the
meaning of that Act).”,
15
(b)
in paragraph 3(3) for “solicitor” substitute “legal representative”, and
(c)
in paragraph 5(2)(a) for “solicitor” substitute “legal representative”.
Civil Procedure Act 1997 (c. 12)
122
In section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule
Committee)—
20
(a)
in subsection (2), in paragraph (f) for from “granted” to “right”
substitute “authorised by a relevant approved regulator”, and
(b)
after that subsection insert—
“(2A)
In subsection (2)(f) “relevant approved regulator” is to be
construed in accordance with section 20(3) of the Legal
25
Services Act 2007.”
Sexual Offences (Protected Material) Act 1997 (c. 39)
123
In section 2 of the Sexual Offences (Protected Material) Act 1997 (meaning of
other expressions), in subsection (1) in the definition of “legal
representative” for “any authorised advocate” to “Act 1990)” substitute “a
30
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) and
who is”.
National Minimum Wage Act 1998 (c. 39)
35
124
The National Minimum Wage Act 1998 is amended in accordance with
paragraphs 125 and 126.
125
In section 33 (proceedings for offences)—
(a)
in subsection (1) omit paragraph (a), and
(b)
after that subsection insert—
40
“(1A)
The persons who may conduct proceedings for an offence
under this Act in England and Wales, before a magistrates’

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
357

court, shall include any person authorised for the purpose by
the Secretary of State.”
126
In section 49 (restrictions on contracting out) for subsection (7)(a)
substitute—
“(a)
as regards England and Wales, a person who, for the
5
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);”.
Access to Justice Act 1999 (c. 22)
10
127
The Access to Justice Act 1999 is amended in accordance with paragraphs
128 to 131.
128
In section 16(4) (code of conduct) after “consult” insert “the Legal Services
Board,”.
129
In section 44 (barristers employed by solicitors)—
15
(a)
in subsection (1)—
(i)
omit “is employed by”,
(ii)
for paragraphs (a) and (b) substitute—
“(a)
is employed by an authorised person, or
(b)
is a manager of such a person,”, and
20
(iii)
for “his employer” substitute “the authorised person of
which the barrister is an employee or a manager”,
(b)
in subsection (2) after “employees” insert “or managers of an
authorised person”, and
(c)
after that subsection insert—
25
“(3)
In this section—
“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 is a
reserved legal activity (within the meaning of that
30
Act), and
“manager” has the same meaning as in that Act (see
section 207 of that Act).”
130
In section 45 (fees on application for appointment as Queen’s Counsel), in
subsections (1) and (2) for “Secretary of State” (in each place) substitute
35
“Lord Chancellor”.
131
In section 46 (Bar practising certificates)—
(a)
omit subsection (2)(b) and the “but” immediately preceding it, and
(b)
omit subsections (3) to (6).
Youth Justice and Criminal Evidence Act 1999 (c. 23)
40
132
In section 63 of the Youth Justice and Criminal Evidence Act 1999 (general
interpretation etc of Part 2), in subsection (1), in the definition of “legal
representative” for “any authorised advocate” to the end substitute “a
person who, for the purposes of the Legal Services Act 2007, is an authorised

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
358

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);”.
Criminal Justice and Court Services Act 2000 (c. 43)
133
In section 15 of the Criminal Justice and Court Services Act 2000 (right to
conduct litigation and right of audience)—
5
(a)
in subsection (2) 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 that activity”, and
(b)
in subsection (3) for “section 27(2)(a) of the Courts and Legal Services
10
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”.
Finance Act 2002 (c. 23)
134
The Finance Act 2002 is amended in accordance with paragraphs 135 and
15
136.
135
In Schedule 34 (stamp duty: withdrawal of group relief: supplementary
provisions), in paragraph 10—
(a)
in sub-paragraph (2) for “A barrister or solicitor” substitute “A
relevant lawyer”, and
20
(b)
after that sub-paragraph insert—
   “(2A)
“Relevant lawyer” means a barrister, advocate, solicitor or
other legal representative communications with whom
may be the subject of a claim to professional privilege.”
136
In Schedule 35 (stamp duty: withdrawal of relief for company acquisitions:
25
supplementary provisions), in paragraph 11—
(a)
in sub-paragraph (2) for “A barrister or solicitor” substitute “A
relevant lawyer”, and
(b)
after that sub-paragraph insert—
   “(2A)
“Relevant lawyer” means a barrister, advocate, solicitor or
30
other legal representative communications with whom
may be the subject of a claim to professional privilege.”
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
137
In section 343 of the Income Tax (Earnings and Pensions) Act 2003
(deduction for professional membership fees), in the table in subsection
35
(2)—
(a)
for “patent agent” and “patent agents” (in each place) substitute
“patent attorney” and “patent attorneys” respectively, and
(b)
for “trade mark agent” and “trade mark agents” (in each place)
substitute “trade mark attorney” and “trade mark attorneys”
40
respectively.

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
359

Finance Act 2003 (c. 14)
138
In Schedule 13 to the Finance Act 2003 (stamp duty land tax: information
powers)—
(a)
in paragraph 22, in sub-paragraphs (1) and (2), for “barrister,
advocate or solicitor” substitute “relevant lawyer”,
5
(b)
after sub-paragraph (2) of that paragraph insert—
    “(3)
“Relevant lawyer” means a barrister, advocate, solicitor or
other professional legal adviser communications with
whom may be the subject of a claim to legal privilege.
      (4)
“Legal privilege” here has the same meaning as in
10
paragraph 35 of this Schedule.”, and
(c)
in paragraph 25 for “barrister, advocate or solicitor” substitute
“relevant lawyer (within the meaning of paragraph 22(3))”.
Licensing Act 2003 (c. 17)
139
The Licensing Act 2003 is amended in accordance with paragraphs 140 and
15
141.
140
In section 58 (meaning of “certified copy” in section 57 of that Act), after
subsection (3) insert—
“(4)
In this section “notary” means a person (other than a solicitor) who,
for the purposes of the Legal Services Act 2007, is an authorised
20
person in relation to any activity which constitutes a notarial activity
(within the meaning of that Act).”
141
In section 95 (meaning of “certified copy” in section 94 of that Act), after
subsection (3) insert—
“(4)
In this section “notary” means a person (other than a solicitor) who,
25
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).”
Courts Act 2003 (c. 39)
142
The Courts Act 2003 is amended in accordance with paragraphs 143 and 144.
30
143
In section 70 (Criminal Procedure Rule Committee)—
(a)
in subsection (2), in paragraph (i)(i) for from “granted” to “right”
substitute “authorised by a relevant approved regulator”, and
(b)
after that subsection insert—
“(2A)
In subsection (2)(i)(i) “relevant approved regulator” is to be
35
construed in accordance with section 20(3) of the Legal
Services Act 2007.”
144   (1)
Section 77 (Family Procedure Rule Committee) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (k) for from “granted” to “right” substitute “authorised
40
by a relevant approved regulator”,
(b)
in paragraph (l) for “granted that right” substitute “authorised”, and

Legal Services Bill [HL]
Schedule 21 — Minor and consequential amendments
360

(c)
in paragraph (m) for “granted that right” substitute “authorised”.
      (3)
For subsection (5)(b) substitute—
“(b)
is a relevant approved regulator in relation to the exercise of
a right of audience or the conduct of litigation (or both).”
      (4)
After subsection (7) insert—
5
“(8)
In this section “relevant approved regulator” is to be construed in
accordance with section 20(3) of the Legal Services Act 2007.”
Criminal Justice Act 2003 (c. 44)
145
The Criminal Justice Act 2003 is amended in accordance with paragraphs
146 to 148.
10
146
In section 56 (interpretation of Part 8), 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 (within the meaning of that Act),”.
15
147
In section 159 (disclosure of pre-sentence reports etc), in subsection (2)(a) for
“counsel or solicitor” substitute “legal representative”.
148
In section 160 (other reports of local probation boards and members of youth
offending teams) in subsection (2)(a) for “counsel or solicitor” substitute
“legal representative”.
20
Children Act 2004 (c. 31)
149
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
25
relation to that activity”, and
(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”.
30
Civil Partnership Act 2004 (c. 33)
150
In section 42 of the Civil Partnership Act 2004 (attempts at reconciliation of
civil partners) in subsection (2) for “solicitor” substitute “legal
representative”.
Public Services Ombudsman (Wales) Act 2005 (c. 10)
35
151
In section 13 of the Public Ombudsman (Wales) Act 2005 (investigations by
Ombudsman)—
(a)
in subsection (4)(b), for “counsel, solicitor” substitute “an authorised
person”, and
(b)
after subsection (4) insert—
40
“(4A)
In subsection (4) “authorised person” means a person who,
for the purposes of the Legal Services Act 2007, is an