# The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2019

S.I. 2019/166 · made 30 January 2019

This Order designates the Chartered Institute of Legal Executives (“CILEx”) as a licensing authority under Part 5 (alternative business structures) of the Legal Services Act 2007 (c. 29) (“the Act”) in relation to the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities and the administration of oaths. Part 5 of the Act makes provision about licensing authorities and their functions. CILEx is already an approved regulator in relation to these reserved legal activities by virtue of Part 1 of Schedule 4 to the Act, the Legal Services Act 2007 (Approved Regulators) Order 2011 (S.I. 2011/1118) and the Legal Services Act 2007 (Approved Regulator) (No. 2) Order (S.I. 2014/2937). Designation as a licensing authority will allow CILEx to license alternative business structures, which are businesses wholly or partly owned or controlled by non-lawyers, to provide legal services, or a mixture of legal and other services, to the public.

Made under: Legal Services Act 2007 (Section 208, Schedule 10 paragraph 15)

PDFs: Printed copy https://openlegislation.uk/legal-services-act-2007-designation-as-a-licensing-authority-order-2019/pdf/uksi_20190166_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/legal-services-act-2007-designation-as-a-licensing-authority-order-2019/pdf/uksiem_20190166_en.pdf

## Introductory text

Legal Services, England And Wales
Made 30th January 2019
Laid before Parliament 5th February 2019
Coming into force 1st April 2019
The Chartered Institute of Legal Executives being an approved regulator , has applied to the Legal Services Board (“the Board”) under paragraph 1 of Schedule 10 to the Legal Services Act 2007 (“the Act”) for a recommendation to become designated as a licensing authority in relation to the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities, and the administration of oaths.
The Board has made a recommendation to the Lord Chancellor under paragraph 14 of Schedule 10 to the Act, having complied with the requirements of Part 1 of that Schedule, and having granted the application from the Chartered Institute of Legal Executives.
The Lord Chancellor, in exercise of the powers conferred by section 208(2) of, and paragraph 15(1)(a) of Schedule 10 to, the Act, makes the following Order:

## 1 Citation and commencement

This Order may be cited as the Legal Services Act 2007 (Designation as a Licensing Authority) Order 2019 and comes into force on 1st April 2019.

## 2 Designation as a licensing authority

The Chartered Institute of Legal Executives is designated as a licensing authority in relation to—
(a) the exercise of a right of audience;
(b) the conduct of litigation;
(c) reserved instrument activities;
(d) probate activities, and
(e) the administration of oaths.

## 3 Application of existing legislation to licensable bodies

The Financial Guidance and Claims Act 2018 is modified as follows—
(a) in the table in section 30(5)(c) (PPI claims: interim restriction on charges before transfer of regulation to the FCA), in the entry relating to The Chartered Institute of Legal Executives, the reference to persons is to be construed as including a reference to licensable bodies; and
(b) in section 33(5)(d) (legal services regulators’ rules: charges for claims management services) the reference to persons is to be construed as including a reference to licensable bodies.

## Signature

Lucy Frazer
Parliamentary Under Secretary of State, Ministry of Justice
30th January 2019

## Explanatory note

(This note is not part of the Order)
This Order designates the Chartered Institute of Legal Executives (“CILEx”) as a licensing authority under Part 5 (alternative business structures) of the Legal Services Act 2007 (c. 29) (“the Act”) in relation to the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities and the administration of oaths. Part 5 of the Act makes provision about licensing authorities and their functions. CILEx is already an approved regulator in relation to these reserved legal activities by virtue of Part 1 of Schedule 4 to the Act, the Legal Services Act 2007 (Approved Regulators) Order 2011 (S.I. 2011/1118) and the Legal Services Act 2007 (Approved Regulator) (No. 2) Order (S.I. 2014/2937). Designation as a licensing authority will allow CILEx to license alternative business structures, which are businesses wholly or partly owned or controlled by non-lawyers, to provide legal services, or a mixture of legal and other services, to the public.
The Order also makes provision to ensure that the Financial Guidance and Claims Act 2018 (c. 10) has effect for licensable bodies authorised by CILEx to carry on a reserved legal activity as it does in relation to persons authorised by CILEx to carry on a reserved legal activity.
A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2019/166 (the official version)
Page: https://openlegislation.uk/legal-services-act-2007-designation-as-a-licensing-authority-order-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.