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The Legal Services Act 2007 (Consequential Amendments) Order 2009

S.I. 2009/3348 · Made 15 December 2009 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 14 March 2012.

Legal Services, England And Wales

Made 15th December 2009

Coming into force in accordance with article 2

The Lord Chancellor makes the following Order in exercise of the powers conferred on him by section 208(2) and (3) of the Legal Services Act 2007f1, section 78 of the Mental Health Act 1983f2 and section 51 of the Tribunals, Courts and Enforcement Act 2007f3.

The Lord Chancellor has consulted the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7f4 to the Tribunals, Courts and Enforcement Act 2007 and the Lord Chief Justice of England and Wales and the Judicial Appointments Commission in accordance with section 51(9) of that Act.

A draft of this Order has been approved by a resolution of each House of Parliament pursuant to sections 206(5) of the Legal Services Act 2007 and section 51(14) of the Tribunals, Courts and Enforcement Act 2007.

Annotations to the whole text

Footnotes

f1

2007 c. 29.

f2

1983 c. 20. Section 78 was amended by S.I. 2008/2833, article 9(1) and Schedule 3, paragraphs 39 and 59.

f3

2007 c. 15.

f4

The previous duty to consult the Administrative Justice and Tribunals Council under section 8 of the Tribunals and Inquiries Act 1992 (c. 53) was repealed by sections 48(1) and 146 of, and Schedule 8, paragraphs 23 and 27 and Schedule 23, Part 1 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15) and was replaced by paragraph 24 of Schedule 7 to that Act.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Consequential amendments to primary legislation
  4. 4Consequential amendments to primary legislation Repealed
  5. 5Consequential amendments to primary legislation
  6. 6Consequential amendments to secondary legislation
  7. 7Consequential amendments to secondary legislation
  8. 8Consequential amendments to secondary legislation
  9. 9Consequential amendments to secondary legislation
  10. 10Consequential amendments to secondary legislation
  11. 11Consequential amendments to secondary legislation
  12. 12Consequential amendments to secondary legislation
  13. 13Consequential amendments to secondary legislation
  14. 14Consequential amendments to secondary legislation
  15. 15Consequential amendments to secondary legislation
  16. 16Consequential amendments to secondary legislation
  17. 17Consequential amendments to secondary legislation
  18. 18Consequential amendments to secondary legislation
  19. 19Consequential amendments to secondary legislation
  20. 20Consequential amendments to secondary legislation
  21. 21Consequential amendments to secondary legislation
  22. 22Qualified lawyers
  23. 23Qualified lawyers
  24. 24Revocations
  25. Signature
  26. Schedule 1Schedule 1
  27. Schedule 2Schedule 2
  28. Explanatory note

1Citation and commencementI1

This Order may be cited as the Legal Services Act 2007 (Consequential Amendments) Order 2009.

2Citation and commencementI1

(1)

Articles 3 to 21, 23 and 24 of this Order come into force on the commencement of section 13 of the Legal Services Act 2007.

(2)

Article 22 and all other articles of this Order come into force on the day after the day on which this Order is made.

3Consequential amendments to primary legislationI1

(1)

Section 281 of the Copyright, Designs and Patents Act 1988f1 is amended as follows.

(2)

In subsection (2)(b) for “an individual” substitute “a person”.

(3)

In subsection (2)(c) for—

(a)

“an individual” substitute “ a person”;

(b)

“him” substitute “the person”; and

(c)

“his” substitute “the person’s”.

4Consequential amendments to primary legislationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Consequential amendments to primary legislationI1

(1)

Section 88 of the Trade Marks Act 1994f1 is amended as follows.

(2)

In subsection (1)(b) for “an individual” substitute “a person”.

(3)

In subsection (1)(c) for—

(a)

“an individual” substitute “a person”;

(b)

“him” substitute “the person”; and

(c)

“his” substitute “the person’s”.

6Consequential amendments to secondary legislationI1

(1)

The Coroners Rules 1984f1 are amended as follows.

(2)

In rule 2 after the definition of “appropriate officer” 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)”.

(3)

In rule 20(1) for “an authorised advocate” to “1990” substitute “an authorised person”.

(4)

In rule 20(1)(a) for “by such an advocate” substitute “by an authorised person”.

7Consequential amendments to secondary legislationI1

In rule 2 of the Non-Contentious Probate Rules 1987f1 for the definition of “probate practitioner” substitute—

  • ““probate practitioner” 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 probate activity (within the meaning of that Act);”.

8Consequential amendments to secondary legislationI1

In rule 6 of the Design Right (Proceedings before Comptroller) Rules 1989f1—

(a)

in paragraph (1) for “agent” substitute “attorney”;

(b)

in paragraph (4)(b)—

(i)

for “any individual” substitute “a person”,

(ii)

for “agents” substitute “attorneys”, and

(iii)

for “in pursuance of rules made under” substitute “in accordance with”; and

(c)

in paragraph (4)(c) for—

(i)

“an individual” substitute “a person”,

(ii)

“agents” substitute “attorneys”,

(iii)

“him” substitute “the person”, and

(iv)

“his” substitute “the person’s”.

9Consequential amendments to secondary legislationI1

(1)

The Patent Agents (Non-recognition of Certain Agents by Comptroller) Rules 1990f1 are amended as follows.

(2)

In the definition of “the register” in rule 2 for—

(a)

“agents” substitute “attorneys”; and

(b)

“pursuant to rules made under” substitute “in accordance with”.

(3)

In rule 3(b) for “an individual” substitute “a person”.

(4)

In rule 3(c) for—

(a)

“an individual” substitute “ a person”;

(b)

“him” substitute “the person”; and

(c)

“his” substitute “the person’s”.

10Consequential amendments to secondary legislationI1

In rule 11.9 of the Family Proceedings Rules 1991f1 for the definition of —

(a)

“legal representative” substitute—

  • ““legal representative” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985f2, or

    5. (e)

      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),

    who has been instructed to act for a party in relation to the proceedings;; and”; and

(b)

“professional legal adviser” substitute—

  • ““professional legal adviser” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985, or

    5. (e)

      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),

    who is providing advice to a party but is not instructed to represent that party in the proceedings;.”.

11Consequential amendments to secondary legislationI1

In rule 21Y of the Family Proceedings Courts (Children Act 1989) Rules 1991f1 for the definition of —

(a)

“legal representative” substitute—

  • ““legal representative” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985, or

    5. (e)

      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),

    who has been instructed to act for a party in relation to the proceedings;; and”; and

(b)

“professional legal adviser” substitute—

  • ““professional legal adviser” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985, or

    5. (e)

      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),

    who is providing advice to a party but is not instructed to represent that party in the proceedings;.”.

12Consequential amendments to secondary legislationI1

In regulation 2 of the Community Legal Service (Costs) Regulations 2000f1 for the definition of—

(a)

“solicitor” substitute—

  • ““solicitor” means a solicitor or another 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);”; and

(b)

“supplier” substitute—

  • ““supplier” means any person or body providing funded services to the client, including 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 audience (within the meaning of that Act) engaged by the client’s solicitor to act in proceedings;”.

13Consequential amendments to secondary legislationI1

In regulation 2(1) of the Community Legal Service (Financial) Regulations 2000f1 for the definition of “solicitor” substitute—

  • ““solicitor” means a solicitor or another 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);”.

14Consequential amendments to secondary legislationI1

In regulation 2(1) of the Community Legal Service (Cost Protection) Regulations 2000f1 for the definition of “solicitor” substitute—

  • ““solicitor” means a solicitor or another 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);”.

15Consequential amendments to secondary legislationI1

Omit paragraph 16 of Schedule 4 to the European Communities (Lawyer’s Practice) Regulations 2000f1.

16Consequential amendments to secondary legislationI1

In regulation 3(1) of the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005f1 for the definition of “supplier” substitute—

  • ““supplier” means a solicitor or another 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) having a contract for the provision of services including Legal Representation in immigration review proceedings;”.

17Consequential amendments to secondary legislationI1

(1)

The Family Procedure (Adoption) Rules 2005f1 are amended as follows.

(2)

In rule 6 for the definition of “legal representative” substitute—

  • ““legal representative” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985, or

    5. (e)

      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),

    who has been instructed to act for a party in relation to the proceedings;.”.

(3)

In rule 78 for the definition of “professional legal adviser” substitute—

  • ““professional legal adviser” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985, or

    5. (e)

      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),

    who is providing advice to a party but is not instructed to represent that party in the proceedings;.”.

18Consequential amendments to secondary legislationI1

In regulation 2 of the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005f1 for the definition of “solicitor” substitute—

  • ““solicitor” means a solicitor of the Senior Courts and, in relation to England and Wales, includes any other 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);”.

19Consequential amendments to secondary legislationI1

In rule 6 of the Court of Protection Rules 2007f1 for the definition of “legal representative” substitute—

  • ““legal representative” means a—

    1. (a)

      barrister,

    2. (b)

      solicitor,

    3. (c)

      solicitor’s employee,

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985, or

    5. (e)

      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),

    who has been instructed to act for a party in relation to any application;.”.

20Consequential amendments to secondary legislationI1

In rule 2 of the Mental Health Review Tribunal for Wales Rules 2008f1 for the definition of “legal representative” substitute—

  • ““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 the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.

21Consequential amendments to secondary legislationI1

(1)

The Judicial Appointments Order 2008f1 is amended as follows.

(2)

In article 2—

(a)

for the definition of “registered patent agent” substitute—

  • ““registered patent attorney” has the meaning assigned to it by section 275 of the Copyright, Designs and Patents Act 1988;”; and

(b)

for the definition of “registered trade mark agent” substitute—

  • ““registered trade mark attorney” has the meaning assigned to it by section 83 of the Trade Marks Act 1994;”.

(3)

In article 5—

(a)

in paragraph (b) for “agent” substitute “attorney”; and

(b)

in paragraph (c) for “agent” substitute “attorney”.

(4)

In article 6—

(a)

in paragraph (b)—

(i)

for “agent” substitute “attorney”,

(ii)

for “agents” substitute “attorneys”, and

(iii)

for “the Register of Patent Agents Rules 1990” substitute “section 275 of the Copyright, Designs and Patents Act 1988”; and

(b)

in paragraph (c)—

(i)

for “agent” substitute “attorney”,

(ii)

for “agents” substitute “attorneys”, and

(iii)

for “the Register of Trade Mark Agents Rules 1990” substitute “section 83 of the Trade Marks Act 1994”.

(5)

In article 8 for “agent” (in both places) substitute “attorney”.

22Qualified lawyersI1

In the provisions set out in the table in Schedule 1 to this Order, for “employed by a solicitors’ practice” (in each place) substitute “practising in a solicitor’s practice (including a body recognised under section 9 of the Administration of Justice Act 1985)”.

23Qualified lawyersI1

In the provisions set out in the table in Schedule 2 to this Order, for “a barrister”, where it first occurs, to “the Courts and Legal Services Act 1990)” 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)”.

24RevocationsI1

The following instruments are revoked—

(a)

The Register of Patent Agents Rules 1990f1; and

(b)

The Register of Trade Mark Agents Rules 1990f2.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

15th December 2009

Schedule 1I1

ProvisionStatutory instrument
Regulation 35(6A)Working Time Regulations 1998f1
Regulation 41(7A)Transnational Information and Consultation of Employees Regulations 1999f2
Paragraph 2(5A) of Schedule 4Employment Equality (Religion or Belief) Regulations 2003f3
Paragraph 2(5A) of Schedule 4Employment Equality (Sexual Orientation) Regulations 2003f4
Article 2Compromise Agreements (Description of Person) Order 2004f5
Regulation 40(8)Information and Consultation of Employees Regulations 2004f6
Article 2Compromise Agreements (Description of Person) Order 2005f7
Paragraph 13(5) of the ScheduleOccupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006f8
Paragraph 2(6) of Schedule 5Employment Equality (Age) Regulations 2006f9
Regulation 41(8)European Cooperative Society (Involvement of Employees) Regulations 2006f10
Regulation 62(8)Companies (Cross-Border Mergers) Regulations 2007f11

Schedule 2I1

ProvisionStatutory instrument
Regulation 35(6)(a)Working Time Regulations 1998f1
Regulation 41(7)(a)Transnational Information and Consultation of Employees Regulations 1999f2
Paragraph 2(5)(a) of Schedule 4Employment Equality (Religion or Belief) Regulations 2003f3
Paragraph 2(5)(a) of Schedule 4Employment Equality (Sexual Orientation) Regulations 2003f4
Regulation 19(6)(a)Merchant Shipping (Working Time: Inland Waterways) Regulations 2003f5
Regulation 20(6)(a)Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004f6
Regulation 52(7)(a)European Public Limited-Liability Company Regulations 2004f7
Regulation 40(7)(a)Information and Consultation of Employees Regulations 2004f8
Paragraph 13(4)(a) of the ScheduleOccupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006f9
Paragraph 2(5)(a) of Schedule 5Employment Equality (Age) Regulations 2006f10
Regulation 41(7)(a)European Cooperative Society (Involvement of Employees) Regulations 2006f11
Regulation 62(7)(a)Companies (Cross-Border Mergers) Regulations 2007f12

Explanatory note

(This note is not part of the Order)

The Order makes minor and consequential amendments to primary and secondary legislation to reflect changes to the regulation of legal services introduced by the Legal Services Act 2007 (c. 29) (“the 2007 Act”).

Article 4 amends the Charities Act 1993 (c. 10) to substitute new terminology for the assessment of costs.

Articles 3 and 5 make amendments which reflect the registration of entities, as well as individuals, as patent attorneys and trade mark attorneys. Articles 8, 9 and 21 make amendments to instruments to reflect changes in terminology for the registration of patent attorneys and trade mark attorneys introduced by the 2007 Act. Article 24 revokes instruments whose enabling powers are wholly or partly repealed by the 2007 Act.

Article 22 amends definitions of “qualified lawyer” to remove the requirement for ILEX Fellows to be employed by solicitors’ practices. ILEX Fellows may now be managers and partners of legal practices regulated by the Law Society.

The remainder of the Order makes amendments which are consequential upon the commencement of Part 3 of the 2007 Act. Part 3 identifies the legal activities which will be subject to the regulatory regime introduced by the 2007 Act and sets out who may be authorised to carry out those activities. The amendments in this Order reflect this new framework of authorisation and remove out of date references (for example to section 119 of the Courts and Legal Services Act 1990 (c. 41)).

An impact assessment has not been prepared for this Order but a full regulatory impact assessment was prepared for the Legal Services Bill in November 2006, supplemented in 2007. Copies of these documents are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.