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Legal Services Bill [HL]


Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc

90

 

173     

Functions of the Tribunal

Sections 68 and 69 (modification of functions of approved regulators) apply in

relation to the Tribunal as they apply in relation to an approved regulator, but

as if—

(a)   

for section 68(3) (purpose for which modifying order may be made)

5

there were substituted—

“(3)   

The Board may make a recommendation under this section only

with a view to an order being made which enables the Tribunal

to carry out its role more effectively or efficiently.”, and

(b)   

subsections (4), (5) and (7) of that section were omitted.

10

Other lawyers

174     

Licensed conveyancers

Schedule 17 contains amendments relating to the Council for Licensed

Conveyancers, licensed conveyancers and bodies recognised under section 32

of the Administration of Justice Act 1985 (c. 61).

15

175     

Commissioners for oaths

(1)   

For the purposes of any enactment or instrument (including an enactment

passed or instrument made after the passing of this Act) “commissioner for

oaths” includes an authorised person in relation to the administration of oaths

(“a relevant authorised person”).

20

(2)   

A relevant authorised person has the right to use the title “Commissioner for

Oaths”.

(3)   

A relevant authorised person may not carry on the administration of oaths in

any proceedings in which that person represents any of the parties or is

interested.

25

(4)   

A relevant authorised person before whom an oath or affidavit is taken or

made must state in the jurat or attestation at which place and on what date the

oath or affidavit is taken or made.

(5)   

A document containing such a statement and purporting to be sealed or signed

by a relevant authorised person must be admitted in evidence without proof of

30

the seal or signature, and without proof that that person is a relevant

authorised person.

(6)   

The Secretary of State may by order prescribe the fees to be charged by relevant

authorised persons in respect of the administration of an oath or the taking of

an affidavit.

35

(7)   

The Secretary of State may make an order under subsection (6) only—

(a)   

after consultation with the Board, and

(b)   

with the consent of the Lord Chief Justice and the Master of the Rolls.

(8)   

In this section “affidavit” has the same meaning as in the Commissioners for

Oaths Act 1889 (c. 10).

40

 
 

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc

91

 

176     

Trade mark attorneys

(1)   

The Trade Marks Act 1994 (c. 26) is amended as follows.

(2)   

In section 82 (recognition of agents) after “rules” insert “and subject to the Legal

Services Act 2007”.

(3)   

For section 83 (the register of trade mark agents) substitute—

5

“83     

The register of trade mark attorneys

(1)   

There is to continue to be a register of persons who act as agent for

others for the purpose of applying for or obtaining the registration of

trade marks.

(2)   

In this Act a registered trade mark attorney means an individual whose

10

name is entered on the register kept under this section.

(3)   

The register is to be kept by the Institute of Trade Mark Attorneys.

(4)   

The Secretary of State may, by order, amend subsection (3) so as to

require the register to be kept by the person specified in the order.

(5)   

Before making an order under subsection (4), the Secretary of State

15

must consult the Legal Services Board.

(6)   

An order under this section must be made by statutory instrument.

(7)   

A statutory instrument containing an order under this section is subject

to annulment in pursuance of a resolution of either House of

Parliament.

20

83A     

Regulation of trade mark attorneys

(1)   

The person who keeps the register under section 83 may make

regulations which regulate—

(a)   

the keeping of the register and the registration of persons;

(b)   

the carrying on of trade mark attorney work by registered

25

persons.

(2)   

Those regulations may, amongst other things, make—

(a)   

provision as to the educational and training qualifications, and

other requirements, which must be satisfied before an

individual may be registered or for an individual to remain

30

registered;

(b)   

provision as to the requirements which must be met by a body

(corporate or unincorporate) before it may be registered or for it

to remain registered, including provision as to the management

and control of the body;

35

(c)   

provision as to the educational, training or other requirements

to be met by regulated persons;

(d)   

provision regulating the practice, conduct and discipline of

registered persons or regulated person;

(e)   

provision authorising in such cases as may be specified in the

40

regulations the erasure from the register of the name of any

person registered in it, or the suspension of a person’s

registration;

 
 

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc

92

 

(f)   

provision requiring the payment of such fees as may be

specified in or determined in accordance with the regulations;

(g)   

provision about the provision to be made by registered persons

in respect of complaints made against them;

(h)   

provision about the keeping of records and accounts by

5

registered persons or regulated persons;

(i)   

provision for reviews of or appeals against decisions made

under the regulations;

(j)   

provision as to the indemnification of registered persons or

regulated persons against losses arising from claims in respect

10

of civil liability incurred by them.

(3)   

Regulations under this section may make different provision for

different purposes.

(4)   

Regulations under this section which are not regulatory arrangements

within the meaning of the Legal Services Act 2007 are to be treated as

15

such arrangements for the purposes of that Act.

(5)   

Before the appointed day, regulations under this section may be made

only with the approval of the Secretary of State.

(6)   

The powers conferred to make regulations under this section are not to

be taken to prejudice—

20

(a)   

any other power which the person who keeps the register may

have to make rules or regulations (however they may be

described and whether they are made under an enactment or

otherwise);

(b)   

any rules made by that person under any such power.

25

(7)   

In this section—

“appointed day” means the day appointed for the coming into

force of paragraph 1 of Schedule 4 to the Legal Services Act

2007;

“manager”, in relation to a body, means a person who—

30

(a)   

if the body is a body corporate whose affairs are

managed by its members, is a member of the body,

(b)   

if the body is a body corporate and paragraph (a) does

not apply, is a director of the body,

(c)   

if the body is a partnership, is a partner, and

35

(d)   

if the body is an unincorporated body (other than a

partnership), is a member of its governing body;

“registered person” means—

(a)   

a registered trade mark attorney, or

(b)   

a body (corporate or unincorporate) registered in the

40

register kept under section 83;

“regulated person” means a person who is not a registered person

but is a manager or employee of a body which is a registered

person;

“trade mark attorney work” means work done in the course of

45

carrying on the business of acting as agent for others for the

purpose of—

(a)   

applying for or obtaining the registration of trade marks

in the United Kingdom, or

 
 

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc

93

 

(b)   

conducting proceedings before the Comptroller relating

to applications for or otherwise in connection with the

registration of trade marks.”

(4)   

In section 84 (unregistered persons not to be described as registered trade mark

agents)—

5

(a)   

in subsection (2)—

(i)   

after “partnership” (in the first place) insert “or other

unincorporated body”, and

(ii)   

for “all the partners” to the end substitute “the partnership or

other body is a registered in the register kept under section 83.”,

10

and

(b)   

in subsection (3) for “all the directors” to the end substitute “the body

corporate is registered in the register kept under section 83.”

(5)   

Omit section 85 (power to prescribe conditions etc for mixed partnerships and

bodies corporate).

15

(6)   

In section 87 (privilege for communications with registered trade mark

attorneys), in subsection (3)(c) at the beginning insert “any other

unincorporated body or”.

177     

Patent attorneys

(1)   

The Copyright, Designs and Patents Act 1988 (c. 48) is amended as follows.

20

(2)   

In section 274 (persons permitted to carry on business of a patent agent) in

subsection (1) after “this Part” insert “and to the Legal Services Act 2007”.

(3)   

For section 275 (the register of patent agents) substitute—

“275    

The register of patent attorneys

(1)   

There is to be a register of persons who act as agent for others for the

25

purpose of applying for or obtaining patents.

(2)   

In this Part a registered patent attorney means an individual whose

name is entered on the register kept under this section.

(3)   

The register is to be kept by the Chartered Institute of Patent Attorneys.

(4)   

The Secretary of State may, by order, amend subsection (3) so as to

30

require the register to be kept by the person specified in the order.

(5)   

Before making an order under subsection (4), the Secretary of State

must consult the Legal Services Board.

(6)   

An order under this section must be made by statutory instrument.

(7)   

A statutory instrument containing an order under this section is subject

35

to annulment in pursuance of a resolution of either House of

Parliament.

275A    

Regulation of patent attorneys

(1)   

The person who keeps the register under section 275 may make

regulations which regulate—

40

(a)   

the keeping of the register and the registration of persons;

(b)   

the carrying on of patent attorney work by registered persons.

 
 

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc

94

 

(2)   

Those regulations may, amongst other things, make—

(a)   

provision as to the educational and training qualifications, and

other requirements, which must be satisfied before an

individual may be registered or for an individual to remain

registered;

5

(b)   

provision as to the requirements which must be met by a body

(corporate or unincorporate) before it may be registered, or for

it to remain registered, including provision as to the

management and control of the body;

(c)   

provision as to the educational, training and other requirements

10

to be met by regulated persons;

(d)   

provision regulating the practice, conduct and discipline of

registered persons or regulated persons;

(e)   

provision authorising in such cases as may be specified in the

regulations the erasure from the register of the name of any

15

person registered in it, or the suspension of a person’s

registration;

(f)   

provision requiring the payment of such fees as may be

specified in or determined in accordance with the regulations;

(g)   

provision about the provision to be made by registered persons

20

in respect of complaints made against them;

(h)   

provision about the keeping by registered persons or regulated

persons of records and accounts;

(i)   

provision for reviews of or appeals against decisions made

under the regulations;

25

(j)   

provision as to the indemnification of registered persons or

regulated persons against losses arising from claims in respect

of civil liability incurred by them.

(3)   

Regulations under this section may make different provision for

different purposes.

30

(4)   

Regulations under this section which are not regulatory arrangements

within the meaning of the Legal Services Act 2007 are to be treated as

such arrangements for the purposes of that Act.

(5)   

Before the appointed day, regulations under this section may be made

only with the approval of the Secretary of State.

35

(6)   

The powers conferred to make regulations under this section are not to

be taken to prejudice—

(a)   

any other power which the person who keeps the register may

have to make rules or regulations (however they may be

described and whether they are made under an enactment or

40

otherwise);

(b)   

any rules made by that person under any such power.

(7)   

In this section—

“appointed day” means the day appointed for the coming into

force of paragraph 1 of Schedule 4 to the Legal Services Act

45

2007;

“manager”, in relation to a body, means a person who—

(a)   

if the body is a body corporate whose affairs are

managed by its members, is a member of the body,

 
 

Legal Services Bill [HL]
Part 8 — Miscellaneous provisions about lawyers etc

95

 

(b)   

if the body is a body corporate and paragraph (a) does

not apply, is a director of the body,

(c)   

if the body is a partnership, is a partner, and

(d)   

if the body is an unincorporated body (other than a

partnership), is a member of its governing body;

5

“patent attorney work” means work done in the course of carrying

on the business of acting as agent for others for the purpose of—

(a)   

applying for or obtaining patents, in the United

Kingdom or elsewhere, or

(b)   

conducting proceedings before the comptroller relating

10

to applications for, or otherwise in connection with,

patents;

“registered person” means—

(a)   

a registered patent attorney, or

(b)   

a body (corporate or unincorporate) registered in the

15

register kept under section 275;

“regulated person” means a person who is not a registered person

but is a manager or employee of a body which is a registered

person.”

(4)   

In section 276 (persons entitled to describe themselves as patent attorneys)—

20

(a)   

in subsection (2)—

(i)   

after “partnership” (in the first place) insert “or other

unincorporated body”, and

(ii)   

for “all the partners” to the end substitute “the partnership or

other body is registered in the register kept under section 275”,

25

(b)   

in subsection (3) for “all the directors” to the end substitute “the body

corporate is registered in the register kept under section 275.”

(5)   

Omit section 279 (power to prescribe conditions etc for mixed partnerships and

bodies corporate).

(6)   

In section 280 (privilege for communications with patent agents), in subsection

30

(3), at the end of paragraph (b) insert—

“(ba)   

an unincorporated body (other than a partnership) entitled to

describe itself as a patent attorney, or”.

178     

Immigration advisers and immigration service providers

(1)   

Schedule 18 makes provision relating to Part 5 of the Immigration and Asylum

35

Act 1999 (c. 33) (immigration advisers and immigration service providers).

(2)   

In that Schedule—

(a)   

Part 1 makes provision for approved regulators to become qualifying

regulators for the purposes of Part 5 of the Immigration and Asylum

Act 1999,

40

(b)   

Part 2 contains amendments of that Act (which amongst other things

enable persons authorised by qualifying regulators to provide

immigration advice and immigration services in England and Wales),

and

(c)   

Part 3 makes provision for certain persons to be treated, during a

45

transitional period, as authorised by qualifying regulators to provide

such advice and services.

 
 

 
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Revised 24 November 2006