The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014

Powers to make further regulatory arrangements

9.—(1) Schedule 2 contains further provision about regulatory arrangements in relation to —

(a) registered persons and regulated persons, and

(b) licensed bodies (see paragraphs 10 and 11(1)(b) and (c)).

(2) The powers conferred on CIPA by this Order are not to be taken to prejudice—

(a) any other power which CIPA may have to make rules or regulations (however they may be described and whether they are made under an enactment or otherwise), or

(b) any other rules or regulations made by CIPA under any such power(1).

(1)

Powers are conferred by Part 5 of the Copyright, Designs and Patents Act 1988 (“the 1988 Act”) which are for the time being exercisable by the Chartered Institute of Patent Attorneys (“CIPA”). Section 275(3) of the 1988 Act provides that the register of patent attorneys under section 275 is to be kept by CIPA and section 275A specifies functions which are exercisable by the person who keeps the register. Section 275(4) confers power on the Secretary of State to make an order requiring a person other than CIPA to keep the register. No order has been made at the date on which this Order comes into force. Section 275 of the 1988 Act was substituted by section 185(3) of the Legal Services Act 2007.