Prospective
(1)This section applies when an accredited regulator has given effect to a draft regulatory scheme and applied it as its regulatory scheme under section 28(7), and the regulator is assigned as a category 1 or category 2 regulator.
(2)A legal services provider that is authorised by the accredited regulator may exercise an acquired right (or rights).
(3)Nothing in subsection (2) (or the authorisation rules of the regulatory scheme) affects the power of any court in relation to any proceedings—
(a)to hear a person who would not otherwise have a right of audience before that court in relation to those proceedings, or
(b)to refuse to hear a person (for reasons which apply to the person as an individual) who would otherwise have a right of audience before that court in relation to those proceedings, and where a court so refuses it must give its reasons to the person for that decision.
(4)Where a conduct complaint is made in relation to the exercise of an acquired right, the accredited regulator of the legal services provider that is the subject of the complaint may, or if so requested by the Lord President must, suspend the provider from exercising the acquired right pending determination of the complaint by the regulator.
(5)Where an authorised provider who is authorised to exercise a right of audience in a court is instructed to appear in that court, those instructions are to take precedence before any other professional or business obligation.
(6)An authorised provider exercising a right of audience has the same immunity from liability for negligence in respect of the provider’s acts or omissions as if the provider were an advocate.
(7)An act or omission on the part of an authorised provider does not give rise to an action for breach of contract in relation to the exercise of a right of audience by the provider.
(8)For the purposes of this Chapter—
“acquired right” means the right or rights to provide legal services specified and described in a regulatory scheme given effect to under section 28,
“conduct complaint” is to be construed in accordance with Part 1 of the 2007 Act,
“right of audience” includes, in relation to any court, any such right exercisable by an advocate,
“right to conduct litigation” means the right to exercise on behalf of a client all or any of the functions, other than any right of audience, which may be exercised by a solicitor in relation to litigation.
Commencement Information
I1S. 29 not in force at Royal Assent, see s. 103(3)
(1)An accredited regulator may apply to the Lord President to surrender some or all of the acquired rights.
(2)Before submitting an application under subsection (1), the accredited regulator must consult its authorised providers in relation to the proposed application.
(3)An application under subsection (1) must include copies of any representations received in response to the consultation under subsection (2).
(4)As soon as practicable after receipt of such an application, the Lord President must—
(a)send a copy of the application to such person or body (other than an authorised provider of the accredited regulator) as the Lord President considers appropriate, and
(b)consult them accordingly.
(5)Where an application under subsection (1) is for the surrender of all of the regulator’s acquired rights, consultation under subsection (2) with the body’s authorised providers must, in particular, seek their views about whether a majority of the providers would like—
(a)another category 1 or category 2 regulator to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights (if that other regulator is content to so authorise and regulate them), or
(b)to form a body and submit an application under section 23 seeking accreditation of the body to authorise them to exercise their acquired rights and regulate their exercise of the acquired rights.
(6)A consultee under subsection (2) has a period of 6 weeks beginning with the day on which the consultee receives notification from the accredited regulator of the opportunity to make representations (or, if the regulator considers it appropriate and the Lord President consents, such shorter period as may be specified in the notice) to make representations to the regulator about the proposed surrender.
(7)The consultees under subsection (4) have a period of 6 weeks beginning with the day on which a copy of the application is sent (or, if the Lord President considers it appropriate, such shorter period as may be specified when sending a copy to the consultees) to make representations to the Lord President about the proposed surrender.
(8)The Lord President may give directions (at any time) as to the requirements with which a body wishing to surrender all or some of its authorised providers’ acquired rights will have to comply.
(9)Directions under subsection (8) may—
(a)in particular—
(i)require arrangements to be made for the completion of any work outstanding at the time the application is made, and
(ii)relate to the circumstances of a particular body,
(b)be varied or revoked by the Lord President.
(10)Where the Lord President grants the application in respect of some or all of the acquired rights of the accredited regulator, the Lord President is to—
(a)give notice to the regulator specifying the date (or dates) on which it is to take effect, and
(b)publish the notice in such manner as the Lord President considers appropriate (having regard to the desirability of it being accessible to those likely to have an interest in it).
(11)From the date specified in the notice, a person authorised by the body to provide legal services ceases to be authorised and may not exercise the acquired rights or, if applicable, such of them as has been surrendered.
(12)Subsection (13) applies where—
(a)an application under subsection (1) is for the surrender of all of the regulator’s acquired rights, and
(b)the majority of the providers consulted under subsection (2) have expressed a preference for an outcome mentioned in paragraph (a) or (b) of subsection (5).
(13)Notice given by the Lord President under subsection (10) may (instead of specifying the date on which the notice is to take effect) specify that the notice is to take effect on the date on which one of the following events occurs—
(a)the providers consulted under subsection (2) are authorised to exercise their acquired rights (and are regulated in their exercise of the acquired rights) by another category 1 or category 2 regulator,
(b)an application submitted under section 23(1) by a body formed by those providers is approved or refused by the Lord President under section 28.
(14)Where a notice under subsection (10) specifies that the notice is to take effect on the occurrence of an event mentioned in subsection (13), subsection (11) has effect as if the reference to “the date specified in the notice” were a reference to “the date of the occurrence of the event mentioned in subsection (13) that is specified in the notice”.
Commencement Information
I2S. 30 not in force at Royal Assent, see s. 103(3)
(1)A person commits an offence if the person without reasonable excuse—
(a)takes or uses any name, title, addition or description implying that the person is authorised to exercise an acquired right,
(b)otherwise pretends to be authorised to exercise an acquired right.
(2)A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Commencement Information
I3S. 31 not in force at Royal Assent, see s. 103(3)