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Part 3E+WReserved legal activities

OffencesE+W

14Offence to carry on a reserved legal activity if not entitledE+W

(1)It is an offence for a person to carry on an activity (“the relevant activity”) which is a reserved legal activity unless that person is entitled to carry on the relevant activity.

(2)In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused did not know, and could not reasonably have been expected to know, that the offence was being committed.

(3)A person who is guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum (or both), and

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(4)A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.

(5)In relation to an offence under subsection (1) committed before [F22 May 2022], the reference in subsection (3)(a) to [F3the general limit in a magistrates’ court] is to be read as a reference to 6 months.

Textual Amendments

15Carrying on of a reserved legal activity: employers and employees etcE+W

(1)This section applies for the interpretation of references in this Act to a person carrying on an activity which is a reserved legal activity.

(2)References to a person carrying on an activity which is a reserved legal activity include a person (“E”) who—

(a)is an employee of a person (“P”), and

(b)carries on the activity in E's capacity as such an employee.

(3)For the purposes of subsection (2), it is irrelevant whether P is entitled to carry on the activity.

(4)P does not carry on an activity (“the relevant activity”) which is a reserved legal activity by virtue of E carrying it on in E's capacity as an employee of P, unless the provision of relevant services to the public or a section of the public (with or without a view to profit) is part of P's business.

(5)Relevant services are services which consist of or include the carrying on of the relevant activity by employees of P in their capacity as employees of P.

(6)Where P is an independent trade union, persons provided with relevant services do not constitute the public or a section of the public where—

(a)the persons are provided with the relevant services by virtue of their membership or former membership of P or of another person's membership or former membership of P, and

(b)the services are excepted membership services.

(7)Subject to subsection (8), “excepted membership services” means relevant services which relate to or have a connection with—

(a)relevant activities of a member, or former member, of the independent trade union;

(b)any other activities carried on for the purposes of or in connection with, or arising from, such relevant activities;

(c)any event which has occurred (or is alleged to have occurred) in the course of or in connection with such relevant activities or activities within paragraph (b);

(d)activities carried on by a person for the purposes of or in connection with, or arising from, the person's membership of the independent trade union;

and such other relevant services as the Lord Chancellor may by order specify.

(8)The Lord Chancellor may by order make provision about the circumstances in which relevant services do or do not relate to, or have a connection with, the matters mentioned in paragraphs (a) to (d) of subsection (7).

(9)Subject to that, the Lord Chancellor may by order make provision about—

(a)what does or does not constitute a section of the public;

(b)the circumstances in which the provision of relevant services to the public or a section of the public does or does not form part of P's business.

(10)The Lord Chancellor may make an order under subsection (7), (8) or (9) only on the recommendation of the Board.

(11)If P is a body, references to an employee of P include references to a manager of P.

(12)In subsection (7), “relevant activities”, in relation to a person who is or was a member of an independent trade union, means any employment (including self-employment), trade, occupation or other activity to which the person's membership of the trade union relates or related.

16Offence to carry on reserved legal activity through person not entitledE+W

(1)Where subsection (2) applies it is an offence for a person (“P”) to carry on an activity (“the relevant activity”) which is a reserved legal activity, despite P being entitled to carry on the relevant activity.

(2)This subsection applies if—

(a)P carries on the relevant activity by virtue of an employee of P (“E”) carrying it on in E's capacity as such an employee, and

(b)in carrying on the relevant activity, E commits an offence under section 14.

(3)If P is a body, references in subsection (2) to an employee of P include references to a manager of P.

(4)In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(5)A person who is guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F4the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum (or both), and

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(6)A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.

(7)In relation to an offence under subsection (1) committed before [F52 May 2022], the reference in subsection (5)(a) to [F6the general limit in a magistrates’ court] is to be read as a reference to 6 months.

Textual Amendments

17Offence to pretend to be entitledE+W

(1)It is an offence for a person—

(a)wilfully to pretend to be entitled to carry on any activity which is a reserved legal activity when that person is not so entitled, or

(b)with the intention of implying falsely that that person is so entitled, to take or use any name, title or description.

(2)A person who is guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F7the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum (or both), and

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(3)In relation to an offence under subsection (1) committed before [F82 May 2022], the reference in subsection (2)(a) to [F9the general limit in a magistrates’ court] is to be read as a reference to 6 months.

Textual Amendments