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Legal Services Act 2007

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  • specified provision(s) amendment to earlier affecting provision S.I. 2010/2089 art. 5 by S.I. 2011/2196 art. 6
  • specified provision(s) amendment to earlier affecting provision SI 2009/3250 art. 3(2) by S.I. 2011/2196 art. 5

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This sectionnoteType=Explanatory Notes has no associated

3(1)This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes reserved instrument activities (subject to paragraph 7).E+W

(2)The person is exempt if the person prepares the instruments or applications in the course of the person's duty as a public officer.

(3)The person (“E”) is exempt if—

(a)E is an individual,

(b)E carries on the activity at the direction and under the supervision of another individual (“P”),

(c)when E does so, P and E are connected, and

(d)P is entitled to carry on the activity, otherwise than by virtue of sub-paragraph (10).

(4)For the purposes of sub-paragraph (3), P and E are connected if—

(a)P is E's employer,

(b)P is a fellow employee of E,

(c)P is a manager or employee of a body which is an authorised person in relation to the activity, and E is also a manager or employee of that body.

(5)If the person is an accredited person, the person is exempt to the extent that the activity consists of the preparation of any instrument—

(a)which creates, or which the person believes on reasonable grounds will create, a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995 (c. 8)), or

(b)which relates to an existing tenancy which is, or which the person believes on reasonable grounds to be, such a tenancy.

(6)In sub-paragraph (5) “accredited person” means a person who is—

(a)a Fellow of the Central Association of Agricultural Valuers, or

(b)a Member or Fellow of the Royal Institution of Chartered Surveyors.

(7)The person is exempt to the extent that the activity carried on by the person is also a reserved legal activity within sub-paragraph (8) and the person is—

(a)authorised to carry on that activity (other than under Part 5) by a relevant approved regulator in relation to the activity,

(b)authorised to carry on that activity by a licence under Part 5, or

(c)an exempt person in relation to that activity by virtue of paragraph 1 or 2 of this Schedule.

(8)The activities are—

(a)the exercise of a right of audience;

(b)the conduct of litigation.

(9)The person is exempt if the person is employed merely to engross the instrument or application.

(10)The person is exempt if the person is an individual who carries on the activity otherwise than for, or in expectation of, any fee, gain or reward.

(11)The person is exempt if—

(a)the person is a person qualified to practise as a solicitor in Scotland in accordance with section 4 of the Solicitors (Scotland) Act 1980 (c. 46), and

(b)the reserved instrument activities fall within paragraph 5(1)(c) of Schedule 2 (preparation of certain instruments relating to real or personal property or legal proceedings).

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