- accredited person
means a person who is—
- administration of oaths
means the exercise of the powers conferred on a commissioner for oaths by—
- advocacy services
means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
- affidavit
has the same meaning as in the Commissioners for Oaths Act 1889 (c. 10).
- application fee
means a fee within—
- appointed day
means the day appointed for the coming into force of section 13;
- Approved regulator
means—
- authorised insurer
means a person within any of the following paragraphs— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance of a relevant class;
- authorised member of the Association of Law Costs Draftsmen
means a member of that Association who has been authorised by that Association to carry on one or both of the following activities—
- authorised patent attorney
means a registered patent attorney who is authorised by the Chartered Institute of Patent Attorneys to carry on one or both of the following activities— (a) the exercise of a right of audience;
- authorised person
means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 18 of that Act).”
- authorised persons
means authorised persons in relation to activities which are reserved legal activities.
- authorised trade mark attorney
means a registered trade mark attorney who is authorised by the Institute of Trade Mark Attorneys to carry on one or both of the following activities— (a) the exercise of a right of audience;
- barrister
means an individual who— (a) has been called to the Bar by an Inn of Court, and (b) is not disbarred by order of an Inn of Court;
- civil court
means— (a)...
- commissioner for oaths
includes an authorised person in relation to the administration of oaths (“a relevant authorised person”).
- compensation claim
means a claim for the Society to make a grant of the kind mentioned in subsection (1);
- compensation fund
has the meaning given by subsection (1);
- compensation rules
means rules under section 36(1).”
- conduct of litigation
means—
- conflicting regulator
means— (a) in a case within subsection (1), the approved regulator making the request, and (b) in a case within subsection (3) or (5), the approved regulator whose regulatory arrangements are considered to conflict with those of the Board.
- Consenting licensed body
means a licensed body authorised by the former authority which consents to the transfer arrangements.
- consumers
means (subject to subsection (3)) persons— (a) who use, have used or are or may be contemplating using, services within subsection (2), (b) who have rights or interests which are derived from, or are otherwise attributable to, the use of such services by other persons, or (c) who have rights or interests which may be adversely affected by the use of such services by persons acting on their behalf or in a fiduciary capacity in relation to them;
- contentious business
means business done in or for the purposes of proceedings begun before a court or before an arbitrator, not being non-contentious or common form probate business (within the meaning of section 128 of the Supreme Court Act 1981).”
- conveyancing licence
means a licence to practise as a licensed conveyancer granted under Part 2 of the Administration of Justice Act 1985 (c. 61).
- conveyancing partnership
means a partnership at least some of the members of which are licensed conveyancers, but does not include a CLC practitioner services body;
- conveyancing services
means the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land;
- conveyancing services body
has the meaning given by section 32A of the Administration of Justice 1985.
- counsel
includes any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);
- court
means the High Court or the county court.
- Designated qualifying regulator
means a body which is a qualifying regulator and is listed in subsection (2). 2 The listed bodies are— a the Law Society;
- designated regulator
means—
- designation order
means an order made under section 86A(6) of the Immigration and Asylum Act 1999 (c. 33) (designated qualifying regulators entitled to authorise persons to provide immigration advice and immigration services).
- Disciplinary action
means the imposition of sanctions, in respect of a breach of conduct rules or discipline rules, on a person who is an authorised person in relation to an activity which is a reserved legal activity.
- document
includes anything in which information is recorded in any form.
- duly certificated notary
means a notary who either—
- economic crime
has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023.
- electronic communications network
has the same meaning as in the Communications Act 2003 (c. 21).
- enactment
means a provision of—
- European regulations
means the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119), as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020;
- excepted membership services
means relevant services which relate to or have a connection with— and such other relevant services as the Lord Chancellor may by order specify.
- excess shares
means
- excluded information
means—
- excluded rules
means— and references to making rules include references to modifying the rules and, in relation to any modifications of rules, references to the proposed rules are to be read as references to the proposed modifications.
- external regulatory body
means a person (other than an approved regulator) who exercises regulatory functions in relation to a particular description of persons with a view to ensuring compliance with rules (whether statutory or non-statutory) by those persons.
- family proceedings
has the same meaning as in the Matrimonial and Family Proceedings Act 1984 (c. 42) and also includes any proceedings in the family court and any other proceedings which are family proceedings for the purposes of the Children Act 1989 (c. 41);
- Financial year
means—
- foreign lawyer
means a person (other than a relevant lawyer) who is a foreign lawyer within the meaning of section 89(9) of the Courts and Legal Services Act 1990;
- free of charge
means otherwise than for or in expectation of fee, gain or reward.
- functions
includes powers and duties;
- independent trade union
has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that Act);
- initial decision period
means the period of 28 days beginning with the day on which the application was received by the Board.
- instrument
includes a contract for the sale or other disposition of land (except a contract to grant a short lease), but does not include—
- interested body
means—
- intervention direction
has the same meaning as in section 41.
- lay person
has the same meaning as in Schedule 15.
- legal activity
means—
- legal dispute
includes a dispute as to any matter of fact the resolution of which is relevant to determining the nature of any person's legal rights or liabilities.
- legal partnership
means a partnership in which a qualified solicitor, a registered European Lawyer or a body recognised under section 9 of the Administration of Justice Act 1985 (c. 61) is permitted to practise by virtue of rules made under that section or section 31 of the Solicitors Act 1974 (c. 47);
- legal representative
means a person who is— (a) entitled in accordance with section 13 to carry on the activity of exercising a right of audience or conducting litigation, (b) a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980, (c) a member of the Faculty of Advocates in Scotland, (d) a person having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, (e) a member of the Bar of Northern Ireland, or (f) a solicitor of the Court of Judicature of Northern Ireland, irrespective of the capacity in which the person is acting in the proceedings concerned;
- legal services
means services provided by a person which consist of or include legal activities carried on by, or on behalf of, that person;
- legal services body
means a body (corporate or unincorporate) in respect of which — a the management and control condition, and b the relevant lawyer condition, are satisfied. 2 The management and control condition is satisfied if— a at least 75% of the body's managers are legally qualified, b the proportion of shares in the body held by persons who are legally qualified is at least 75%, c the proportion of voting rights in the body which persons who are legally qualified are entitled to exercise, or control the exercise of, is at least 75%, d all the persons with an interest in the body who are not legally qualified are managers of the body, and e all the managers of the body who are not legally qualified are individuals approved by the Society as suitable to be managers of a recognised body. 3 The Society may by rules under section 9 provide that, in relation to specified kinds of bodies, subsection (2) applies as if the references to 75% were to such greater percentage as may be specified (and different percentages may be specified for different kinds of bodies). 4 The relevant lawyer condition is satisfied in relation to a body if at least one manager of the body is— a a soli
- Legal services complaint
means a complaint which relates to an act or omission of an eligible person (“the respondent”) in the course of that person providing legal services.
- leviable Board expenditure
means the difference between—
- Leviable body
means—
- leviable Lord Chancellor expenditure
means any expenditure incurred by the Lord Chancellor in connection with the establishment of the Board or the OLC (including expenditure incurred under or for the purposes of paragraph 10 of Schedule 22 (Interim Chief Executive of the OLC)).
- leviable OLC expenditure
means the difference between—
- liable party
means—
- licensed body
includes—
- licensed CLC practitioner
means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990.
- licensed conveyancer
has the meaning given by section 11(2) of the Administration of Justice Act 1985 (c. 61).
- licensing authority
means—
- Listed body
means a body listed in the first column of the Table in paragraph 1 as that Table has effect at the time that paragraph comes into force.
- litigation services
means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to any proceedings, or contemplated proceedings, to provide;
- manager
has the same meaning as in section 43;
- modify
includes amend, add to or revoke, and references to “modifications” are to be construed accordingly;
- new reserved legal activity
means a legal activity which has become a reserved legal activity by virtue of an order under section 24.
- non-authorised person
means a person who is not within subsection (2);
- non-commercial legal services
means— (a) legal services carried on otherwise than with a view to profit;
- non-reserved activity
means an activity which is not a reserved legal activity;
- not for profit body
means a body which, by or by virtue of its constitution or any enactment— (a) is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes, and (b) is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);
- Notarial activities
means activities which, immediately before the appointed day, were customarily carried on by virtue of enrolment as a notary in accordance with section 1 of the Public Notaries Act 1801 (c. 79).
- notary
means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).”
- notary public
includes a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).”
- offence
means an offence under this Act;
- ordinary member
has the same meaning as in Schedule 1.
- patent attorney body
has the meaning given by paragraph 14(7) of that Schedule;
- patent attorney work
means work done in the course of carrying on the business of acting as agent for others for the purpose of— (a) applying for or obtaining patents, in the United Kingdom or elsewhere, or (b) conducting proceedings before the comptroller relating to applications for, or otherwise in connection with, patents;
- person
includes a body of persons (corporate or unincorporate);
- pre-commencement conduct rules
means rules under Part 2 of the Solicitors Act 1974 or section 9 of this Act, known as the Solicitors' Code of Conduct 2007, as those rules had effect immediately before the commencement of subsection (6)(f) and (g);
- pre-commencement period
means the period before the coming into force of paragraph 1 of Schedule 4 (including any period before the passing of this Act);
- prescribed
means prescribed by regulations under section 28;
- prescribed charity
means the charity prescribed under section 194C;
- Probate activities
means preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales.
- probate papers
means papers on which to found or oppose—
- probate services
means the preparation of any papers on which to found or oppose a grant of probate or a grant of letters of administration and the administration of the estate of a deceased person.
- procedure rules
means— (a) Tribunal Procedure Rules, in relation to proceedings in the First-tier Tribunal or the Upper Tribunal, (b) Employment Tribunal Procedure Rules, in relation to proceedings in an employment tribunal or the Employment Appeal Tribunal, or (c) rules under section 15 of the Enterprise Act 2002, in relation to proceedings in the Competition Appeal Tribunal;
- provision relating to redress
means any provision made in regulatory arrangements (whether it is statutory or non-statutory) for redress in respect of acts or omissions of authorised persons and any provision connected with such provision.
- provisional designation order
means an order made by the Lord Chancellor under Part 2 of Schedule 4 or Part 1 of Schedule 10 which is conditional upon the Lord Chancellor making an order under section 24 in respect of the provisional reserved activity, pursuant to a recommendation made by the Board following the provisional report;
- provisional reserved activity
means an activity in respect of which a provisional report under paragraph 10 of Schedule 6 states that the Board is minded to make a recommendation for the purposes of section 24;
- public body
means any government department, local authority or other body constituted for purposes of the public services, local government or the administration of justice;
- qualified solicitor
means a person who is qualified under section 1 of the Solicitors Act 1974 to act as a solicitor;
- qualifying regulator
means a body which is a qualifying regulator for the purposes of this Part of this Act by virtue of Part 1 of Schedule 18 to the Legal Services Act 2007 (approved regulators approved by the Legal Services Board in relation to immigration matters);
- recognised body
has the same meaning as in section 9 (subject to subsection (6B) above);
- registered charity
means a charity registered in accordance with— (a) section 30 of the Charities Act 2011, (b) section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), or (c) section 16 of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)).
- registered European lawyer
means a registered European lawyer within the meaning of the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119), as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020, who is registered with the Law Society.
- registered patent attorney
has the same meaning as in paragraph 14.
- registered person
means— (a) a registered trade mark attorney, or (b) a body (corporate or unincorporate) registered in the register kept under section 83;
- registered trade mark attorney
has the same meaning as in the Trade Marks Act 1994.
- regulated person
has the meaning given by section 21;
- regulatory arrangements
has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).”
- relevant activities
means the activities authorised by the commission.”
- relevant activity
means an activity which is a reserved legal activity— i which is within subsection (1A), and ii in relation to which the Council is designated as an approved regulator by Part 1 of Schedule 4 to that Act (by virtue of an order under paragraph 5 of Schedule 22 to that Act) or under Part 2 of that Schedule.”
- relevant authorised person
means a person authorised by the Board (other than by the grant of a licence under Part 5) to carry on one or more activities which are reserved legal activities.
- relevant authorised persons
has the same meaning as in section 64.
- relevant civil appeal
means an appeal— (a) from the High Court under Part 2 of the Administration of Justice Act 1969, (b) from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007, (c) from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005 or section 42 of the Judicature (Northern Ireland) Act 1978, or (d) under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court.
- relevant enactments
means such enactments or instruments passed or made before or in the same Session as the Legal Services Act 2007 was passed as may be specified in the order, and b the reference to Part 2 is a reference to that Part as amended by that Act or any enactment or instruments passed or made before or in the same Session as that Act was passed.”
- Relevant lawyer
means an individual who is—
- Relevant legal services
means— a solicitor services, and b where authorised persons other than solicitors or registered European lawyers are managers or employees of, or have an interest in, a recognised body, services of the kind provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities within the meaning of the Legal Services Act 2007). 1C The Society may by rules under this section provide that services specified, or of a description specified, in the rules are not to be treated as solicitor services or other relevant legal services.”
- relevant offence
means an offence in relation to which proceedings may be instituted by virtue of subsection (1) or (2);
- relevant person
means— a in the case of an allegation against a recognised body, the recognised body or any of its managers or employees, and b in the case of an allegation against a manager or employee of a recognised body, the manager or employee, the recognised body or any other manager or employee of the recognised body.”
- relevant tribunal proceedings
means proceedings in— but does not include proceedings within devolved competence.
- reserved family proceedings
means such category of family proceedings as the Lord Chancellor may, after consulting the President of the Law Society and with the concurrence of the President of the Family Division, by order prescribe;
- Reserved instrument activities
means—
- reserved legal activity
means—
- reserved legal services
means services provided by a person which consist of or include reserved legal activities carried on by, or on behalf of, that person;
- restricted information
means information (other than excluded information) which is obtained by the Board in the exercise of its functions;
- Restricted interest
means each of the following—
- restricted person
means— (a) the Board (including the Board in its capacity as an approved regulator or a licensing authority), (b) a person who exercises functions delegated under paragraph 23 of Schedule 1 or section 73 or by virtue of section 64(2)(k).
- right of audience
means the right to appear before and address a court, including the right to call and examine witnesses.
- scheme rules
means rules made by the OLC.
- section 24 investigation
means an investigation held with a view to determining whether or not the Board should make a recommendation in respect of the activity for the purposes of section 24 (recommendations and orders to extend the reserved legal activities);
- section 26 investigation
means an investigation held with a view to determining whether or not the Board should make a recommendation in respect of the activity for the purposes of section 26 (recommendations that an activity should cease to be a reserved legal activity).
- selected consultee
means a person within sub-paragraph (2)(e).
- settlement
means any disposition or arrangement under which property is held on trust (or subject to a comparable obligation).
- shares
has the same meaning as for the purposes of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act);
- short lease
means a lease such as is referred to in section 54(2) of the Law of Property Act 1925 (c. 20) (short leases).
- Society permission
means permission in writing granted by the Society for such period and subject to such conditions as the Society may think fit to specify in the permission. 5B A person has an interest in a recognised body for the purposes of this section if the person has an interest in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).”
- solicitor
means solicitor of the Senior Courts.
- Specified
means specified in the condition. 2I Rules made by the Society may make provision about when conditions imposed under this section take effect (including provision conferring power on the Society to direct that a condition is not to have effect until the conclusion of any appeal in relation to it). 2J Section 86A of the 1974 Act applies to rules under this section as it applies to rules under that Act. 2K Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Society considers necessary or expedient.”
- specified communications
means communications of such description as are specified in the order;
- specified date
means such date as may be specified in the order;
- suitable licensing rules
means licensing rules which constitute suitable regulatory arrangements (within the meaning of Schedule 12) in respect of licensable bodies entitled by virtue of a decision under that Schedule to make an application to the Board for a licence.
- the 1974 Act
means the Solicitors Act 1974.”
- The 1985 Act
means the Administration of Justice Act 1985.
- the appointed day
means the day appointed for the coming into force of section 13 (entitlement to carry on a reserved legal activity);
- the CMA
means the Competition and Markets Authority;
- the court
means the High Court.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the decision period
means the period of 12 months beginning with the day on which the approved regulator received the warning notice.
- the delegating body
means— a in the case of arrangements under subsection (1), the Council;
- the designated payee
means—
- the Directive
means Directive 98/5/EC of the European Parliament and the Council, to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained;
- the enactment relating to the preparation of documents by persons not qualified
means section 14 of the Legal Services Act 2007 (offence to carry on a reserved legal activity if not entitled) as it applies in relation to an activity which amounts to the carrying on of reserved instrument activities within the meaning of that Act.”
- The final reporting period
means the period of 3 months beginning with the date on which the provisional report was published under paragraph 10(2).
- The investigation period
means the period of 12 months beginning with the day on which the notice was given under paragraph 9(2).
- the levy
means the levy payable by virtue of that section;
- the levy rules
means the rules made in accordance with that section.
- the new authority
means the licensing authority by which (in accordance with transfer arrangements under subsection (4)) the body is treated as authorised to carry on a protected activity.
- the new regulator
means the approved regulator within paragraph (a) or (b) of subsection (4).
- the person
means—
- The preliminary inquiry period
means the period of 3 months beginning with the day on which the request under paragraph 2 was received by the Board.
- The prescribed charity
means the charity prescribed under section 194C.
- the Public Notaries Acts
means this Act and the Public Notaries Act 1801;
- the purpose of continuing regulation
means the purpose of enabling bodies authorised by the former authority to continue to be authorised and regulated in relation to the protected activity.
- the Society
has the meaning given by section 87(1) of the Solicitors Act 1974;
- the specified person
means the Board or, where a person is nominated by it as mentioned in section 41(2), that person.
- the transitional period
has the meaning given by paragraph 3 of Schedule 5.
- trade mark agency work
means work done in the course of carrying on the business of acting as agent for others for the purpose of— (a) applying for or obtaining the registration of trade marks in the United Kingdom or elsewhere, or (b) conducting proceedings before the Comptroller relating to applications for or otherwise in connection with the registration of trade marks.”
- trade mark attorney body
has the meaning given by paragraph 16(7) of that Schedule.
- warning notice
means a notice given under paragraph 2(1) of Schedule 7 (warning of proposed direction under section 32).
- weights and measures officer
means an officer of a local weights and measures authority who is authorised by the authority to exercise the powers conferred by subsection (4).
- wholly-owned subsidiary
has the meaning given by section 1159 of the Companies Act 2006. 15 This section is subject to any provision to the contrary made by or under any enactment.”
- working day
means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).”
- year
means a calendar year.”