The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2020

Statutory Instruments

2020 No. 293

Legal Services, England And Wales

The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2020

Made

at 12.48 p.m. on 12th March 2020

Laid before Parliament

13th March 2020

Coming into force

6th April 2020

The Institute of Chartered Accountants in England and Wales (“the Institute”), has applied to the Legal Services Board (“the Board”) under paragraph 1 of Schedule 10 to the Legal Services Act 2007(1) (“the Act”) for the Board to recommend that it be designated as a licensing authority in relation to the administration of oaths(2), having made the application specified by paragraph 1(3)(b) of that Schedule in relation to that reserved legal activity(3).

The Board has made a recommendation to the Lord Chancellor under paragraph 14 of Schedule 10 to the Act, having complied with the requirements of that Schedule, and having granted the Institute’s application.

The Lord Chancellor makes the following Order in exercise of the power conferred by paragraph 15(1)(a) of Schedule 10 to the Act, having satisfied the precondition described in paragraph 15(3) of that Schedule.

Citation and commencement

1.  This Order may be cited as the Legal Services Act 2007 (Designation as a Licensing Authority) Order 2020 and comes into force on 6th April 2020.

Designation as a licensing authority

2.  The Institute of Chartered Accountants in England and Wales is designated as a licensing authority in relation to the administration of oaths.

Signed by authority of the Lord Chancellor

Chris Philp

Parliamentary Under Secretary of State

Ministry of Justice

At 12.48 p.m. on 12th March 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the Institute of Chartered Accountants in England and Wales (“the Institute”) as a licensing authority under Part 5 (alternative business structures) of the Legal Services Act 2007 (c. 29) (“the Act”) in relation to the administration of oaths. Part 5 of the Act makes provision about licensing authorities and their functions. The Legal Services Act 2007 (Approved Regulator) Order 2020 (S.I. 2020/271) designates the Institute as an approved regulator in relation to the administration of oaths. Designation as a licensing authority will allow the Institute to license alternative business structures, such as firms which are wholly or partly owned or controlled by non-lawyers to provide legal services, or a mixture of legal and other services, relating to the administration of oaths, to the public.

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2007 c.29

(2)

“The administration of oaths” is a reserved legal activity under section 12(1)(f) of the Legal Services Act 2007. Paragraph 8 of Schedule 2 to that Act makes provision about what constitutes such activity.

(3)

S.I. 2020/271 designated the Institute of Chartered Accountants in England and Wales as an approved regulator in relation to the administration of oaths.