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Legal Services Act 2007

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The regulatory objectives

    1. 1.The regulatory objectives

  3. Part 2 The Legal Services Board

    1. Constitution

      1. 2.The Legal Services Board

    2. General functions

      1. 3.The Board’s duty to promote the regulatory objectives etc

      2. 4.Standards of regulation, education and training

      3. 5.Corporate governance

      4. 6.Annual report

      5. 7.Supplementary powers

    3. Consumer Panel

      1. 8.The Consumer Panel

      2. 9.Committees and the procedure of the Consumer Panel

      3. 10.Representations by the Consumer Panel

      4. 11.Advice and research functions of the Consumer Panel

  4. Part 3 Reserved legal activities

    1. Reserved legal activities

      1. 12.Meaning of “reserved legal activity” and “legal activity”

    2. Carrying on the activities

      1. 13.Entitlement to carry on a reserved legal activity

    3. Offences

      1. 14.Offence to carry on a reserved legal activity if not entitled

      2. 15.Carrying on of a reserved legal activity: employers and employees etc

      3. 16.Offence to carry on reserved legal activity through person not entitled

      4. 17.Offence to pretend to be entitled

    4. Interpretation

      1. 18.Authorised persons

      2. 19.Exempt persons

      3. 20.Approved regulators and relevant approved regulators

      4. 21.Regulatory arrangements

    5. Continuity of existing rights and transitional protection

      1. 22.Continuity of existing rights to carry on reserved legal activities

      2. 23.Transitional protection for non-commercial bodies

    6. Alteration of reserved legal activities

      1. 24.Extension of the reserved legal activities

      2. 25.Provisional designation as approved regulators and licensing authorities

      3. 26.Recommendations that activities should cease to be reserved legal activities

  5. Part 4 Regulation of approved regulators

    1. Introductory

      1. 27.Regulatory and representative functions of approved regulators

    2. General duties of approved regulators

      1. 28.Approved regulator’s duty to promote the regulatory objectives etc

    3. Separation of regulatory and representative functions

      1. 29.Prohibition on the Board interfering with representative functions

      2. 30.Rules relating to the exercise of regulatory functions

    4. Performance targets

      1. 31.Performance targets and monitoring

    5. Directions

      1. 32.Directions

      2. 33.Directions: procedure

      3. 34.Enforcement of directions

    6. Censure

      1. 35.Public censure

      2. 36.Public censure: procedure

    7. Financial penalties

      1. 37.Financial penalties

      2. 38.Financial penalties: procedure

      3. 39.Appeals against financial penalties

      4. 40.Recovery of financial penalties

    8. Intervention

      1. 41.Intervention directions

      2. 42.Intervention directions: further provision

      3. 43.Intervention directions: enforcement

      4. 44.Revocation of intervention directions

    9. Cancellation of approval

      1. 45.Cancellation of designation as approved regulator

      2. 46.Cancellation of designation: further provision

      3. 47.The Board’s power to recommend orders made under section 46

      4. 48.Cancellation of designation: powers of entry etc

    10. Policy statements

      1. 49.The Board’s policy statements

      2. 50.Policy statements: procedure

    11. Practising fees

      1. 51.Control of practising fees charged by approved regulators

    12. Regulatory conflict

      1. 52.Regulatory conflict with approved regulators

      2. 53.Modification of provision made about regulatory conflict

      3. 54.Regulatory conflict with other regulatory regimes

    13. Information

      1. 55.Provision of information to the Board

      2. 56.Enforcement of notices under section 55

    14. Competition

      1. 57.Reports by the OFT

      2. 58.The Board’s response to OFT report

      3. 59.Referral of report by the Lord Chancellor to the Competition Commission

      4. 60.Duties of the Competition Commission

      5. 61.Lord Chancellor’s power to give directions

    15. The Board as approved regulator

      1. 62.The Board as an approved regulator

      2. 63.The Board’s designation under section 62(1)(a)

      3. 64.Modification of the Board’s functions under section 62(1)(b)

      4. 65.Cancellation of the Board’s designation under section 62(1)(c)

      5. 66.The Board’s power to recommend orders made under section 62

      6. 67.Effect of the Board’s designation as an approved regulator

      7. 68.Regulatory conflict and the Board as approved regulator

    16. Functions of approved regulators etc

      1. 69.Modification of the functions of approved regulators etc

      2. 70.Procedural requirements relating to recommendations under section 69

  6. Part 5 Alternative business structures

    1. Introductory

      1. 71.Carrying on of activities by licensed bodies

      2. 72.“Licensable body”

    2. Licensing authorities

      1. 73.Licensing authorities and relevant licensing authorities

      2. 74.Designation of approved regulator as licensing authority

      3. 75.Automatic cancellation of designation as licensing authority

      4. 76.Cancellation of designation as licensing authority by order

      5. 77.Cancellation of designation: further provision

      6. 78.The Board’s power to recommend orders made under section 77

      7. 79.Cancellation of designation: powers of entry etc

    3. Appeals

      1. 80.Functions of appellate bodies

      2. 81.Procedural requirements relating to recommendations under section 80

    4. Policy statement

      1. 82.Licensing authority policy statement

    5. Licensing rules

      1. 83.Licensing rules

    6. Licensing

      1. 84.Application for licence

      2. 85.Terms of licence

      3. 86.Modification of licence

      4. 87.Registers of licensed bodies

      5. 88.Evidence of status

    7. Ownership of licensed bodies

      1. 89.Ownership of licensed bodies

    8. Regulation of licensed bodies

      1. 90.Duties of non-authorised persons

      2. 91.Duties of Head of Legal Practice

      3. 92.Duties of Head of Finance and Administration

      4. 93.Information

      5. 94.Enforcement of notices under section 93

      6. 95.Financial penalties

      7. 96.Appeals against financial penalties

      8. 97.Recovery of financial penalties

      9. 98.Referral of employees etc to appropriate regulator

      10. 99.Disqualification

      11. 100.Lists of disqualified persons

      12. 101.Suspension and revocation of licence

      13. 102.Intervention

      14. 103.Regulatory conflict and the Board as licensing authority

      15. 104.Prevention of regulatory conflict: accounts rules

    9. Special kinds of body

      1. 105.Trade union exemptions

      2. 106.Power to modify application of licensing rules etc to special bodies

      3. 107.Modifications under section 106: supplementary

      4. 108.“Low risk body”

      5. 109.Foreign bodies

    10. Supplementary provision

      1. 110.Reporting requirements relating to Part 5

      2. 111.Interpretation of Part 5

  7. Part 6 Legal Complaints

    1. Complaints procedures of authorised persons

      1. 112.Complaints procedures of authorised persons

    2. Overview of the scheme

      1. 113.Overview of the scheme

    3. The Office for Legal Complaints

      1. 114.The Office for Legal Complaints

      2. 115.The ombudsman scheme

      3. 116.General obligations

      4. 117.Corporate governance

      5. 118.Annual report

      6. 119.Supplementary powers

      7. 120.Reporting to the Board

      8. 121.Performance targets and monitoring

    4. The ombudsmen

      1. 122.Appointment of the Chief Ombudsman and assistant ombudsmen

      2. 123.Annual report of Chief Ombudsman

      3. 124.Additional reports of Chief Ombudsman

    5. Jurisdiction and operation of the ombudsman scheme

      1. 125.Jurisdiction of the ombudsman scheme

      2. 126.Complaints excluded because respondent’s complaints procedures not used

      3. 127.Complaints excluded by scheme rules

      4. 128.Parties

      5. 129.Pre-commencement acts and omissions

      6. 130.Orders under section 128

      7. 131.Acts and omissions by employees etc

      8. 132.Continuity of complaints

      9. 133.Operation of the ombudsman scheme

      10. 134.Delegation of an ombudsman’s functions

      11. 135.Notification requirements

      12. 136.Charges payable by respondents

    6. Determinations under the scheme

      1. 137.Determination of complaints

      2. 138.Limitation on value of directions under the ombudsman scheme

      3. 139.Alteration of limit

      4. 140.Acceptance or rejection of determination

      5. 141.Enforcement by complainant of directions under section 137

      6. 142.Reporting court orders made against authorised persons

    7. Reporting misconduct

      1. 143.Reporting possible misconduct to approved regulators

    8. Co-operation with investigations

      1. 144.Duties to share information

      2. 145.Duties of authorised persons to co-operate with investigations

      3. 146.Reporting failures to co-operate with an investigation to approved regulators

    9. Information

      1. 147.Information and documents

      2. 148.Reporting failures to provide information or produce documents

      3. 149.Enforcement of requirements to provide information or produce documents

      4. 150.Reports of investigations

      5. 151.Restricted information

      6. 152.Disclosure of restricted information

      7. 153.Data protection

    10. Defamation

      1. 154.Protection from defamation claims

    11. Scheme rules

      1. 155.Consent requirements for rules

      2. 156.The Board’s powers in respect of rules

    12. Effect on existing arrangements for redress etc

      1. 157.Approved regulators not to make provision for redress

      2. 158.Regulatory arrangements not prohibited by section 157

      3. 159.Legal Services Complaints Commissioner and Legal Services Ombudsman

    13. Interpretation

      1. 160.Interpretation of Part 6

    14. Claims management services

      1. 161.Extension of Part 6 to claims management services

  8. Part 7 Further provisions relating to the Board and the OLC

    1. Guidance

      1. 162.Guidance

    2. Voluntary arrangements

      1. 163.Voluntary arrangements

      2. 164.Power to establish voluntary scheme for resolving complaints

      3. 165.Procedure for making orders under section 164

      4. 166.Operation of voluntary scheme

    3. Disclosure and use of information

      1. 167.Restricted information

      2. 168.Disclosure of restricted information

      3. 169.Disclosure of information to the Board

      4. 170.Data protection

      5. 171.Use of information

    4. Payments by Lord Chancellor

      1. 172.Funding

    5. The levy

      1. 173.The levy

      2. 174.The levy: supplementary provisions

    6. Payments into the Consolidated Fund

      1. 175.Amounts payable into the Consolidated Fund

  9. Part 8 Miscellaneous provisions about lawyers etc

    1. Duties of regulated persons

      1. 176.Duties of regulated persons

    2. Solicitors, the Law Society and the Disciplinary Tribunal

      1. 177.The Law Society, solicitors, recognised bodies and foreign lawyers

      2. 178.The Solicitors Disciplinary Tribunal: approval of rules

      3. 179.Board’s power to give directions to the Tribunal

      4. 180.Functions of the Tribunal

    3. Other lawyers

      1. 181.Unqualified person not to pretend to be a barrister

      2. 182.Licensed conveyancers

      3. 183.Commissioners for oaths

      4. 184.Trade mark attorneys

      5. 185.Patent attorneys

      6. 186.Immigration advisers and immigration service providers

      7. 187.Claims management services

    4. Advocates and litigators

      1. 188.Duties of advocates and litigators

      2. 189.Employed advocates

    5. Legal professional privilege

      1. 190.Legal professional privilege

    6. Employees of housing management bodies

      1. 191.Rights of audience etc of employees of housing management bodies

    7. Savings

      1. 192.Powers of court in respect of rights of audience and conduct of litigation

      2. 193.Solicitors to public departments and the City of London

    8. Pro bono representation

      1. 194.Payments in respect of pro bono representation

    9. Scotland

      1. 195.Application of the Legal Profession and Legal Aid (Scotland) Act 2007

      2. 196.Scottish legal services ombudsman: functions

  10. Part 9 General

    1. Offences

      1. 197.Offences committed by bodies corporate and unincorporated bodies

      2. 198.Local weights and measures authorities

    2. Protected functions of the Lord Chancellor

      1. 199.Protected functions of the Lord Chancellor

    3. Notices etc

      1. 200.Notices and directions

      2. 201.Documents

      3. 202.The giving of notices, directions and other documents

      4. 203.The giving of notices, directions and other documents in electronic form

    4. Orders, rules etc

      1. 204.Orders, regulations and rules

      2. 205.Consultation requirements for rules

      3. 206.Parliamentary control of orders and regulations

    5. Interpretation

      1. 207.Interpretation

    6. Miscellaneous and supplementary

      1. 208.Minor and consequential provision etc

      2. 209.Transitional and transitory provision

      3. 210.Repeals

      4. 211.Commencement

      5. 212.Extent

      6. 213.Index of defined expressions

      7. 214.Short title

    1. Schedule 1

      The Legal Services Board

    2. Schedule 2

      The reserved legal activities

    3. Schedule 3

      Exempt persons

    4. Schedule 4

      Approved regulators

      1. Part 1 Existing regulators

      2. Part 2 Designation of bodies by order

      3. Part 3 Alteration of approved regulator’s regulatory arrangements

    5. Schedule 5

      Authorised persons

      1. Part 1 Continuity of rights

      2. Part 2 Rights during transitional period

      3. Part 3 Interpretation

    6. Schedule 6

      Alteration of reserved legal activities

    7. Schedule 7

      Directions: procedure

    8. Schedule 8

      Intervention directions: procedure

      1. Part 1 Giving intervention directions

      2. Part 2 Revoking intervention directions

    9. Schedule 9

      Cancellation of designation as approved regulator

    10. Schedule 10

      Designation of approved regulators as licensing authorities

      1. Part 1 Designation of approved regulators by order

      2. Part 2 Cancellation of designation by order

    11. Schedule 11

      Licensing rules

      1. Part 1 Licensing procedure

      2. Part 2 Structural requirements

      3. Part 3 Practice requirements

      4. Part 4 Regulation

    12. Schedule 12

      Entitlement to make an application for a licence to the Board

    13. Schedule 13

      Ownership of licensed bodies

      1. Part 1 Introductory

      2. Part 2 Approval of restricted interests on application for licence

      3. Part 3 Approval of restricted interests after licence is issued

      4. Part 4 Additional restrictions

      5. Part 5 Enforcement

    14. Schedule 14

      Licensing authority’s powers of intervention

    15. Schedule 15

      The Office for Legal Complaints

    16. Schedule 16

      The Law Society, solicitors, recognised bodies and foreign lawyers

      1. Part 1 The Solicitors Act 1974 (c. 47)

      2. Part 2 The Administration of Justice Act 1985 (c. 61)

      3. Part 3 The Courts and Legal Services Act 1990 (c. 41)

    17. Schedule 17

      Licensed conveyancing

      1. Part 1 Administration of Justice Act 1985 (c. 61)

      2. Part 2 Courts and Legal Services Act 1990 (c. 41)

    18. Schedule 18

      Immigration advice and immigration services

      1. Part 1 Qualifying regulators

      2. Part 2 Amendments of the Immigration and Asylum Act 1999 (c. 33)

      3. Part 3 Transitional provision

    19. Schedule 19

      Claims management services

    20. Schedule 20

      Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5)

    21. Schedule 21

      Minor and consequential amendments

    22. Schedule 22

      Transitional and transitory provision

    23. Schedule 23

      Repeals

    24. Schedule 24

      Index of defined expressions

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