Exercise of the acquired rights
Section 29 – Exercise of rights to provide legal services
90.This section provides that where an accredited regulator has given effect to a draft regulatory scheme and applied it as its regulatory scheme under section 28(7), a legal services provider may be authorised by the regulator to exercise the right or rights to provide legal services specified and described in the scheme. To be authorised, a provider will (among other things) require to be a fit and proper person (see section 24(4)). It also makes provision in connection with, among other things, the exercise of a right of audience.
91.In practical terms, this means that a person who wishes to provide legal services that are regulated by an accredited regulator can apply to the regulator for authorisation to provide those services. This is distinct from persons who wish to be solicitors or advocates and is more likely to relate to specialist areas, for example commercial or employment law.
92.Subsections (3) and (5) to (7) deal with particular rights that arise where the rights being exercised relate to court practice. Subsection (3) preserves the inherent jurisdiction of the court to hear or refuse to hear any person (though it must give reasons if it refuses to do so). Subsection (5) obliges a person with a right of audience to prioritise work before the court over other business and subsections (6) and (7) provide the same protections to an authorised provider in relation to the conduct of litigation as exists for officers of the court.
Section 30 – Surrender of rights
93.This section allows an accredited regulator to apply to the Lord President to surrender some or all of the rights acquired (for example, if they no longer have a sufficient number of providers to make the running of the body feasible). Subsection (2) requires the accredited regulator to first consult each of the body’s authorised providers of legal services (and the application to the Lord President must include copies of any representations received). The Lord President must consult persons or bodies considered appropriate on the application.
94.The Lord President may give directions as to the requirements which a body wishing to surrender any such rights will have to comply with. Where the Lord President grants the application, the Lord President is to give notice to the regulator specifying the date on which it takes effect and publish that notice (see subsection (10)). From the date specified in the notice, persons authorised by the body may not exercise the right.
95.However, where the application is seeking to surrender all of the regulator’s acquired rights, the consultation under subsection (2) must seek the views of the body’s authorised providers about whether a majority of the providers would like another regulator to authorise them to exercise and regulate their rights or whether they would like to form a body and submit an application under section 23 to seek accreditation to authorise them to exercise and regulate their acquired rights. If the majority of consulted providers have expressed a preference of either of these outcomes, the notice from the Lord President under subsection (10) may give effect to this.
Section 31 – Offence of pretending to have acquired rights
96.This section provides for an offence of pretending to have acquired rights. In this section, an “
