The Legal Services Act 2007 (Levy) Rules 2010

General

Citation and commencement

1.—(1) These Rules may be cited as the Legal Services Act 2007 (Levy) Rules 2010.

(2) These Rules come into force on 15th March 2010.

Interpretation

2.—(1) In these Rules—

“the 1990 Act” means the Courts and Legal Services Act 1990(1);

“the 2007 Act” means the Legal Services Act 2007;

“the Board” means the Legal Services Board;

“consumer”, “manager” and “person” have the same meaning as in the 2007 Act;

“duly certificated notary” has the meaning given in paragraph 12 of Schedule 5 to the 2007 Act;

“leviable Board expenditure” has the meaning given in section 173(6) of the 2007 Act;

“leviable body”, in relation to any time after the coming into force of these Rules, means—

(a)

The Law Society;

(b)

The General Council of the Bar;

(c)

The Master of the Faculties;

(d)

The Institute of Legal Executives;

(e)

The Council for Licensed Conveyancers;

(f)

The Chartered Institute of Patent Attorneys;

(g)

The Institute of Trade Mark Attorneys;

(h)

The Association of Law Costs Draftsmen;

“leviable Lord Chancellor expenditure” has the meaning given in section 173(9) and (10) of the 2007 Act;

“leviable OLC expenditure” has the meaning given in section 173(7) and (8) of the 2007 Act;

“the OLC” means the Office for Legal Complaints;

“relevant body”, in relation to any time before the coming into force of these Rules, means a body listed in any of sub-paragraphs (a) to (h) of the definition of “leviable body”;

“service complaint” means a complaint made to a relevant body which—

(a)

was made by, or on behalf of, a consumer;

(b)

relates to an act or omission of any person which occurred before the coming into force of these Rules at a time when that person—

(i)

was regulated by the relevant body, or

(ii)

was not so regulated but was a manager or employee of a person who was so regulated; and

(c)

was eligible to be dealt with under arrangements made by the relevant body for the determination of consumer complaints.

(2) Any reference in a provision of these Rules to a person regulated by a relevant body is to any person who, at the date referred to in that provision, fell within one or more of sub-paragraphs (a) to (f)—

(a) any person with any right of audience before a court in relation to any proceedings which was granted, or is deemed to have been granted, by the relevant body under sections 27(2)(a)(2) (rights of audience) or 31(3) (barristers or solicitors) of the 1990 Act;

(b) any person with any right to conduct litigation in relation to any proceedings which was granted, or is deemed to have been granted, by the relevant body under sections 28(2)(a)(4) (rights to conduct litigation) or 31 of the 1990 Act;

(c) any person providing probate services by virtue of an exemption under section 55(5) (preparation of probate papers etc: exemption from section 23(1) of the Solicitors Act 1974(6)) of the 1990 Act which was granted by the relevant body;

(d) any person practising as a duly certificated notary in accordance with rules made by the relevant body under section 57(7)(notaries) of the 1990 Act;

(e) any person who is authorised by, or registered with, the relevant body and who is an authorised person within the meaning of section 113(8) (administration of oaths and taking of affidavits) of the 1990 Act; or

(f) any person licensed or otherwise authorised by the relevant body to carry on conveyancing services within the meaning of section 119 of the 1990 Act.

The scope of the levy imposed by these Rules

3.—(1) These Rules provide for the imposition of a levy on each leviable body for the purpose of raising an amount corresponding to the aggregate of the expenditure referred to in paragraphs (2), (3) and (4).

(2) The expenditure referred to in this paragraph is such of the following as is incurred in connection with the establishment of the Board—

(a) leviable Board expenditure; and

(b) leviable Lord Chancellor expenditure.

(3) The expenditure referred to in this paragraph is such of the following as is incurred in connection with the establishment of the OLC—

(a) leviable OLC expenditure; and

(b) leviable Lord Chancellor expenditure.

(4) The expenditure referred to in this paragraph is leviable Board expenditure which—

(a) is incurred in respect of the three month period ending on 31st March 2010; and

(b) does not fall within paragraph (2)(a).

(5) Estimated expenditure may be taken into account for the purposes of determining the amount of any expenditure for the purposes of these Rules.

(6) The Board must obtain the Lord Chancellor’s agreement to the amount to be raised by way of the levy under these Rules.

(7) Nothing in these Rules affects the power in section 173 of the 2007 Act to raise any amount which—

(a) does not fall within paragraph (2), (3) or (4); or

(b) may be required on account of any discrepancy between the amount to be raised by way of the levy under these Rules and the amount actually received by the Board.

(1)

1990 c. 41.

(2)

1990 c. 41. Section 27(2)(a) was amended by paragraph 6(2) of Schedule 6 to the Access to Justice Act 1999 (c. 22). The section was repealed by paragraph 84(g) of Schedule 21 to the Legal Services Act 2007.

(3)

Section 31 was substituted by section 36 of the Access to Justice Act 1999. The section was repealed by paragraph 84(g) of Schedule 21 to the Legal Services Act 2007.

(4)

Section 28(2)(a) was amended by paragraph 7(2) of Schedule 6 to the Access to Justice Act 1999. The section was repealed by paragraph 84(e) of Schedule 21 to the Legal Services Act 2007.

(5)

Section 55 was amended by S.I. 2003/1887. The section was repealed by paragraph 88 of Schedule 21 to the Legal Services Act 2007.

(6)

1974 c. 47. Section 23 was repealed by paragraph 26 of Schedule 16 to the Legal Services Act 2007.

(7)

Section 57 was amended by Part 2 of Schedule 15 to the Access to Justice Act 1999.

(8)

Section 113 was amended by Part 2 of Schedule 15 to the Access to Justice Act 1999 and S.I. 2003/1887. The section was repealed by paragraph 96 of Schedule 21 to the Legal Services Act 2007.