|
| |
|
| |
(d) | the administration of oaths. |
| |
(3) | The authority conferred on a barrister by this paragraph is exercisable in |
| |
accordance with, and subject to, the regulatory arrangements of the General |
| |
| 5 |
(4) | A person is not authorised under sub-paragraph (1) unless the person has in |
| |
force a certificate issued by the General Council of the Bar authorising the |
| |
person to practise as a barrister. |
| |
5 (1) | During the transitional period, every registered European lawyer registered |
| |
with the Inns of Court and the General Council of the Bar is deemed to be |
| 10 |
authorised by the General Council of the Bar to carry on activities which— |
| |
(a) | are within paragraph 4(2), and |
| |
(b) | the registered European lawyer is entitled to carry on under his |
| |
home professional title by virtue of the European regulations. |
| |
(2) | The authority conferred on a registered European lawyer by virtue of this |
| 15 |
paragraph is exercisable in accordance with, and subject to, the regulatory |
| |
arrangements of the General Council of the Bar (as they apply to the |
| |
registered European lawyer by virtue of the European regulations). |
| |
| |
“European regulations” means the European Communities (Lawyer’s |
| 20 |
Practice) Regulations 2000 (S.I. 2000/1119); |
| |
“home professional title” and “registered European lawyer” have the |
| |
same meaning as in the European regulations. |
| |
6 | During the transitional period members of the Bar not in actual practice are |
| |
to continue to have the rights conferred by section 102A(2) of the Patents Act |
| 25 |
1977 (c. 37) (right of audience, etc in proceedings on appeal from the |
| |
| |
| |
7 (1) | During the transitional period— |
| |
(a) | every qualified solicitor, |
| 30 |
(b) | every legal partnership, and |
| |
(c) | every body recognised under section 9 of the Administration of |
| |
Justice Act 1985 (c. 61) (incorporated practices) (“a recognised |
| |
| |
| is deemed to be authorised by the Law Society to carry on the activities in |
| 35 |
| |
(2) | Those activities are— |
| |
(a) | the exercise of a right of audience before every court in relation to all |
| |
| |
(b) | the conduct of litigation in relation to every court and all |
| 40 |
| |
(c) | reserved instrument activities; |
| |
| |
(e) | the administration of oaths. |
| |
|
| |
|
| |
|
(3) | The authority conferred on a qualified solicitor, legal partnership or |
| |
recognised body by this paragraph is exercisable in accordance with, and |
| |
subject to, the regulatory arrangements of the Law Society. |
| |
| |
“legal partnership” means a partnership in which a qualified solicitor, |
| 5 |
a registered European Lawyer or a body recognised under section 9 |
| |
of the Administration of Justice Act 1985 (c. 61) is permitted to |
| |
practise by virtue of rules made under that section or section 31 of the |
| |
Solicitors Act 1974 (c. 47); |
| |
“qualified solicitor” means a person who is qualified under section 1 of |
| 10 |
the Solicitors Act 1974 to act as a solicitor; |
| |
“registered European lawyer” has the same meaning as in the European |
| |
Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119). |
| |
8 (1) | During the transitional period, every registered European lawyer registered |
| |
with the Law Society is deemed to be authorised by the Law Society to carry |
| 15 |
| |
(a) | are within paragraph 7(2), and |
| |
(b) | the registered European lawyer is entitled to carry on under his |
| |
home professional title by virtue of the European regulations. |
| |
(2) | The authority conferred on a registered European lawyer by virtue of this |
| 20 |
paragraph is exercisable in accordance with, and subject to, the regulatory |
| |
arrangements of the Law Society (as they apply to the registered European |
| |
lawyer by virtue of the European regulations). |
| |
| |
“European regulations” means the European Communities (Lawyer’s |
| 25 |
Practice) Regulations 2000 (S.I. 2000/1119); |
| |
“home professional title” and “registered European lawyer” have the |
| |
same meaning as in the European regulations. |
| |
9 (1) | During the transitional period, solicitors are to continue to have the rights |
| |
conferred on them by subsection (1) of section 102A of the Patents Act 1977 |
| 30 |
(c. 37) (rights of audience, etc in proceedings on appeal from the |
| |
| |
(2) | During that period, registered European lawyers are to continue to have the |
| |
rights conferred on them by that subsection by virtue of the European |
| |
| 35 |
(3) | In this paragraph “European regulations” and “registered European lawyer” |
| |
have the same meaning as in paragraph 8 |
| |
| |
10 (1) | During the transitional period, a person authorised by the Institute of Legal |
| |
Executives to practise as a member of the profession of legal executives is |
| 40 |
deemed to be authorised by that Institute to administer oaths. |
| |
(2) | The authority conferred by sub-paragraph (1) is exercisable in accordance |
| |
with and subject to the regulatory arrangements of the Institute of Legal |
| |
| |
|
| |
|
| |
|
(3) | A person is not authorised under sub-paragraph (1) unless the person has in |
| |
force a certificate issued by the Institute of Legal Executives authorising the |
| |
person to practise as a legal executive. |
| |
| |
11 (1) | During the transitional period every individual who holds a conveyancing |
| 5 |
licence is deemed to be authorised by the Council for Licensed |
| |
Conveyancers to administer oaths. |
| |
(2) | The authority conferred by sub-paragraph (1) is exercisable in accordance |
| |
with and subject to the regulatory arrangements of the Council. |
| |
(3) | During that period, every conveyancing partnership and every body |
| 10 |
recognised under section 32 of the Administration of Justice Act 1985 (c. 61) |
| |
(bodies corporate entitled to provide conveyancing services) is deemed to be |
| |
authorised by the Council— |
| |
(a) | to carry on conveyancing services, and |
| |
| 15 |
(4) | The authority conferred by sub-paragraph (3) is exercisable in accordance |
| |
| |
(a) | in the case of a body recognised under section 32 of the |
| |
Administration of Justice Act 1985, any restriction imposed by virtue |
| |
of rules within section 32(3)(d) of that Act (rules restricting |
| 20 |
conveyancing services carried on by recognised bodies), and |
| |
(b) | the regulatory arrangements of the Council. |
| |
(5) | In this section “conveyancing partnership” means a partnership at least |
| |
some of the members of which are licensed conveyancers. |
| |
(6) | For the purposes of this paragraph a conveyancing licence is to be treated as |
| 25 |
not in force during any period when it is suspended. |
| |
| |
12 (1) | During the transitional period, every duly certificated notary is deemed to |
| |
be authorised by the Master of the Faculties to carry on the activities in sub- |
| |
| 30 |
(2) | Those activities are— |
| |
(a) | reserved instrument activities; |
| |
| |
| |
(d) | the administration of oaths. |
| 35 |
(3) | The authority conferred by sub-paragraph (1) is exercisable in accordance |
| |
with and subject to the regulatory arrangements of the Master of the |
| |
| |
(4) | In this paragraph “duly certificated notary” means a notary who either— |
| |
(a) | has in force a practising certificate as a solicitor issued under the |
| 40 |
Solicitors Act 1974 (c. 47), and is duly entered in the Court of |
| |
Faculties of the Archbishop of Canterbury in accordance with rules |
| |
made by the Master of the Faculties, or |
| |
|
| |
|
| |
|
(b) | has in force a practising certificate as a public notary issued by the |
| |
said Court of Faculties in accordance with rules so made. |
| |
| |
13 (1) | During the transitional period, every registered patent attorney is deemed |
| |
to be authorised by the Chartered Institute of Patent Attorneys to carry on |
| 5 |
reserved instrument activities. |
| |
(2) | During that period, every authorised patent attorney is deemed to be |
| |
authorised by the Chartered Institute of Patent Attorneys to administer |
| |
| |
(3) | During that period, every patent attorney body is deemed to be authorised |
| 10 |
by the Chartered Institute of Patent Attorneys to carry on the activities in |
| |
| |
(4) | Those activities are any activities which are reserved legal activities within |
| |
sub-paragraph (5) and which— |
| |
(a) | if the body is a partnership, any partner who is a registered patent |
| 15 |
attorney is authorised to carry on; |
| |
(b) | if the body is a body corporate, any director who is a registered |
| |
patent attorney is authorised to carry on. |
| |
(5) | Those activities are— |
| |
(a) | the exercise of a right of audience; |
| 20 |
(b) | the conduct of litigation; |
| |
(c) | reserved instrument activities; |
| |
(d) | the administration of oaths. |
| |
(6) | The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in |
| |
accordance with and subject to the regulatory arrangements of the |
| 25 |
Chartered Institute of Patent Attorneys. |
| |
| |
“authorised patent attorney” means a registered patent attorney who is |
| |
authorised by the Chartered Institute of Patent Attorneys to carry on |
| |
one or both of the following activities— |
| 30 |
(a) | the exercise of a right of audience; |
| |
(b) | the conduct of litigation; |
| |
“patent attorney body” means— |
| |
(a) | a partnership all the partners of which are registered patent |
| |
| 35 |
(b) | a body corporate all the directors of which are registered |
| |
| |
(c) | a partnership or body corporate which satisfies the |
| |
conditions prescribed under section 279 of the Copyright, |
| |
Designs and Patents Act 1988 (c. 48), or |
| 40 |
(d) | a body corporate to which section 276(4) of that Act applies; |
| |
“registered patent attorney” has the meaning given by section 275(1) of |
| |
| |
| and, in the case of a patent attorney body to which section 276(4) of that Act |
| |
applies, the reference in sub-paragraph (4)(b) to a director includes a |
| 45 |
|
| |
|
| |
|
reference to the manager (within the meaning of section 276(4) of that Act) |
| |
| |
14 (1) | During the transitional period registered patent attorneys are to continue to |
| |
have the rights conferred by section 102A(2) of the Patents Act 1977 (c. 37) |
| |
and section 292 of the Copyright, Designs and Patents Act 1988 (c. 48). |
| 5 |
(2) | In this paragraph “registered patent attorney” has the same meaning as in |
| |
| |
| |
15 (1) | During the transitional period, every registered trade mark attorney is |
| |
deemed to be authorised by the Institute of Trade Mark Attorneys to carry |
| 10 |
on reserved instrument activities. |
| |
(2) | During that period, every authorised trade mark attorney is deemed to be |
| |
authorised by the Institute of Trade Mark Attorneys to administer oaths. |
| |
(3) | During that period, every trade mark body is deemed to be authorised by |
| |
the Institute of Trade Mark Attorneys to carry on the activities in sub- |
| 15 |
| |
(4) | Those activities are any activities which are reserved legal activities within |
| |
sub-paragraph (5) and which— |
| |
(a) | if the body is a partnership, any partner who is a registered trade |
| |
mark attorney is authorised to carry on, or |
| 20 |
(b) | if the body is a body corporate, any director who is a registered trade |
| |
mark attorney is authorised to carry on. |
| |
(5) | Those activities are— |
| |
(a) | the exercise of a right of audience; |
| |
(b) | the conduct of litigation; |
| 25 |
(c) | reserved instrument activities; |
| |
(d) | the administration of oaths. |
| |
(6) | The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in |
| |
accordance with and subject to the regulatory arrangements of the Institute |
| |
| 30 |
| |
“authorised trade mark attorney” means a registered trade mark |
| |
attorney who is authorised by the Institute of Trade Mark Attorneys |
| |
to carry on one or both of the following activities— |
| |
(a) | the exercise of a right of audience; |
| 35 |
(b) | the conduct of litigation; |
| |
| |
(a) | a partnership all the partners of which are registered trade |
| |
| |
(b) | a body corporate all the directors of which are registered |
| 40 |
| |
(c) | a partnership or body corporate which satisfies the |
| |
conditions prescribed under section 85 of the Trade Marks |
| |
| |
|
| |
|
| |
|
“registered trade mark attorney” has the same meaning as in the Trade |
| |
| |
| |
| |
| 5 |
“the appointed day” means the day appointed for the coming into force |
| |
of section 13 (entitlement to carry on a reserved legal activity); |
| |
“conveyancing licence” has the meaning given by paragraph 2. |
| |
| |
| |
Alteration of reserved legal activities |
| 10 |
| |
1 | In this Schedule, in relation to an activity— |
| |
“section 23 investigation” means an investigation held with a view to |
| |
determining whether or not the Board should make a |
| |
recommendation in respect of the activity for the purposes of section |
| 15 |
23 (recommendations and orders to extend the reserved legal |
| |
| |
“section 25 investigation” means an investigation held with a view to |
| |
determining whether or not the Board should make a |
| |
recommendation in respect of the activity for the purposes of section |
| 20 |
25 (recommendations that an activity should cease to be a reserved |
| |
| |
Requests for Board to hold a full investigation |
| |
| |
(a) | request the Board to hold a section 23 investigation in respect of an |
| 25 |
| |
(b) | request the Board to hold a section 25 investigation in respect of an |
| |
| |
(2) | A request under sub-paragraph (1) must be in writing and specify the |
| |
activity to which it relates. |
| 30 |
(3) | In the case of a request for a section 23 investigation, the activity in respect |
| |
of which the request is made must be a legal activity. |
| |
Board’s duty to hold preliminary inquiries in certain cases |
| |
3 (1) | This paragraph applies where the Board receives a request under paragraph |
| |
2, in respect of an activity, from— |
| 35 |
(a) | the Secretary of State, |
| |
| |
(c) | the Consumer Panel, or |
| |
(d) | the Lord Chief Justice. |
| |
|
| |
|
| |
|
| |
(a) | carry out such inquiries as it considers appropriate to enable it to |
| |
determine whether it is appropriate to hold a section 23 investigation |
| |
or, as the case may be, a section 25 investigation in respect of the |
| |
| 5 |
(b) | make that determination within the preliminary inquiry period. |
| |
(3) | “The preliminary inquiry period” means the period of 3 months beginning |
| |
with the day on which the request under paragraph 2 was received by the |
| |
| |
(4) | The Board may, before the end of the preliminary inquiry period in relation |
| 10 |
to a request, issue a notice extending that period by a period specified in the |
| |
| |
(5) | More than one notice may be issued under sub-paragraph (4), but the total |
| |
preliminary inquiry period must not exceed 4 months. |
| |
(6) | A notice under sub-paragraph (4) must state the Board’s reasons for |
| 15 |
extending the preliminary inquiry period. |
| |
(7) | The Board must publish a notice issued under sub-paragraph (4). |
| |
Board’s power to hold preliminary inquiries in other cases |
| |
| |
(a) | where it receives a request under paragraph 2 to which paragraph 3 |
| 20 |
| |
(b) | in any other case where it considers it appropriate to do so, |
| |
| carry out such inquiries as it considers appropriate to enable it to determine |
| |
whether it is appropriate to hold a section 23 investigation or a section 25 |
| |
investigation in respect of an activity. |
| 25 |
(2) | In the case of a section 23 investigation, that activity must be a legal activity. |
| |
| |
5 (1) | Before determining whether it is appropriate to hold a section 23 |
| |
investigation or a section 25 investigation in respect of an activity, the Board |
| |
may seek the advice of one or both of the following bodies— |
| 30 |
| |
| |
(2) | The OFT or the Consumer Panel must, if its advice is sought, give the Board |
| |
such advice as it thinks fit, within such reasonable period as the Board may |
| |
| 35 |
(3) | In deciding what advice to give— |
| |
(a) | the OFT must, in particular, consider whether making an order |
| |
under section 23 or (as the case may be) provision in accordance with |
| |
a recommendation under section 25, in respect of the activity would |
| |
(or would be likely to) prevent, restrict or distort competition within |
| 40 |
the market for reserved legal services to any significant extent, and |
| |
(b) | the Consumer Panel must have regard to the likely impact which |
| |
making that order or (as the case may be) provision would have on |
| |
| |
|
| |
|