The Legal Services Act 2007 (Consequential Amendments) Order 2009

Citation and commencement

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

2.—(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.

Consequential amendments to primary legislation

3.—(1) Section 281 of the Copyright, Designs and Patents Act 1988(1) 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”.

4.—(1) The Charities Act 1993(2) is amended as follows.

(2) In section 31 for—

(a) “taxed” in each place substitute “assessed”;

(b) “taxation” in each place (including the section heading) substitute “assessment”; and

(c) “taxing officer” in each place substitute “costs officer”.

(3) In column 1 of the table in paragraph 5 of Schedule 1C, in the entry relating to an order made under section 31, for “taxation” substitute “assessment”.

5.—(1) Section 88 of the Trade Marks Act 1994(3) 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”.

Consequential amendments to secondary legislation

6.—(1) The Coroners Rules 1984(4) 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”.

7.  In rule 2 of the Non-Contentious Probate Rules 1987(5) 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);”.

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

(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”.

9.—(1) The Patent Agents (Non-recognition of Certain Agents by Comptroller) Rules 1990(7) 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”.

10.  In rule 11.9 of the Family Proceedings Rules 1991(8) for the definition of —

(a) “legal representative” substitute—

““legal representative” means a—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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;.”.

11.  In rule 21Y of the Family Proceedings Courts (Children Act 1989) Rules 1991(10) for the definition of —

(a) “legal representative” substitute—

““legal representative” means a—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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;.”.

12.  In regulation 2 of the Community Legal Service (Costs) Regulations 2000(11) 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;”.

13.  In regulation 2(1) of the Community Legal Service (Financial) Regulations 2000(12) 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);”.

14.  In regulation 2(1) of the Community Legal Service (Cost Protection) Regulations 2000(13) 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);”.

15.  Omit paragraph 16 of Schedule 4 to the European Communities (Lawyer’s Practice) Regulations 2000(14).

16.  In regulation 3(1) of the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005(15) 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;”.

17.—(1) The Family Procedure (Adoption) Rules 2005(16) are amended as follows.

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

““legal representative” means a—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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;.”.

18.  In regulation 2 of the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005(17) 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);”.

19.  In rule 6 of the Court of Protection Rules 2007(18) for the definition of “legal representative” substitute—

““legal representative” means a—

(a)

barrister,

(b)

solicitor,

(c)

solicitor’s employee,

(d)

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

(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;.”.

20.  In rule 2 of the Mental Health Review Tribunal for Wales Rules 2008(19) 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);”.

21.—(1) The Judicial Appointments Order 2008(20) 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”.

Qualified lawyers

22.  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)”.

23.  In the provisions set out in the table in Schedule 2 to this Order, for “a barrister” 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)”.

Revocations

24.  The following instruments are revoked—

(a) The Register of Patent Agents Rules 1990(21); and

(b) The Register of Trade Mark Agents Rules 1990(22).

Signed by authority of the Lord Chancellor

Name

Parliamentary Under Secretary of State

Ministry of Justice

Date