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Legal Services Act 2007

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Legal Services Act 2007. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview of the Act

  3. Territorial Extent

  4. Summary

  5. Background

    1. The legal services sector prior to the Act

  6. Schedules

  7. Commentary on Sections

    1. Part 1: the Regulatory Objectives

      1. Section 1: The regulatory objectives

    2. Part 2: the Legal Services Board

      1. Background

        1. Section 2: The Legal Services Board

        2. Section 3: Board’s duty to promote regulatory objectives

        3. Section 4: Standards of regulation, education and training

        4. Section 5: Corporate governance

        5. Section 6: Annual report

        6. Section 8: The Consumer Panel

        7. Section 9: Committees and the procedure of the Consumer Panel

        8. Section 10: Representations by the Consumer Panel

        9. Section 11: Advice and research functions of the Consumer Panel

    3. Part 3: Reserved Legal Activities

      1. Background

        1. Section 12: Meaning of “reserved legal activities” and “legal activity”

        2. Section 13: Entitlement to carry on a reserved legal activity

        3. Section 14: Offence to carry on a reserved legal activity if not entitled

        4. Section 15: Carrying on of a reserved legal activity: employers and employees

        5. Section 16: Offence to carry on a reserved legal activity through person not entitled

        6. Section 17: Offence to pretend to be entitled

        7. Section 18: Authorised persons

        8. Section 19: Exempt persons

        9. Section 20: Approved regulators and relevant approved regulators

        10. Section 21: Regulatory arrangements

        11. Section 22: Continuity of existing rights to carry on reserved legal activities

        12. Section 23: Transitional protection for non-commercial bodies

        13. Section 24: Extension of the reserved legal activities

        14. Section 25: Provisional designation as approved regulators and licensing authorities

        15. Section 26: Recommendations that activities should cease to be reserved legal activities

    4. Part 4: Regulation of Approved Regulators

      1. Background

        1. Section 27: Regulatory and representative functions of approved regulators

        2. Section 28: Approved regulator’s duty to promote the regulatory objectives

        3. Section 29: Prohibition on the Board interfering with representative functions

        4. Section 30: Rules relating to the exercise of regulatory functions

        5. Section 31: Performance targets and monitoring

        6. Section 32: Directions

        7. Section 33: Directions: procedure

        8. Section 34: Enforcement of directions

        9. Section 35: Public censure

        10. Section 36: Public censure: procedure

        11. Section 37: Financial penalties

        12. Section 38: Financial penalties: procedure

        13. Section 39: Appeals against financial penalties

        14. Section 40: Recovery of financial penalties

        15. Section 41: Intervention directions

        16. Section 42: Intervention directions: further provision

        17. Section 43: Intervention directions: enforcement

        18. Section 44: Revocation of intervention directions

        19. Section 45: Cancellation of designation as approved regulator

        20. Section 46: Cancellation of a designation: further provision

        21. Section 47: The Board’s power to recommend orders made under section 46

        22. Section 48: Cancellation of designation: powers of entry

        23. Section 49: The Board’s policy statements

        24. Section 50: Policy statements: procedure

        25. Section 51: Control of practising fees charged by approved regulators

        26. Section 52: Regulatory conflict with approved regulators

        27. Section 53: Modification of provision made about regulatory conflict

        28. Section 54: Regulatory conflict with other regulatory regimes

        29. Section 55: Provision of information to the Board

        30. Section 56: Enforcement of notices under section 55

        31. Section 57: Reports by the

        32. Section 58: The Board’s response to report

        33. Section 59: Referral of report by the Lord Chancellor to the Competition Commission

        34. Section 60: Duties of the Competition Commission

        35. Section 61: Lord Chancellor’s power to give directions

        36. Section 62: The Board as an approved regulator

        37. Section 63: The Board’s designation under section 62(1)(a)

        38. Section 64: Modification of the Board’s functions under section 62(1)(b)

        39. Section 65: Cancellation of the Board’s designation under section 62(1)(c)

        40. Section 66: The Board’s power to recommend orders made under section 62

        41. Section 68: Regulatory conflict and the Board as approved regulator

        42. Section 69: Modification of the functions of approved regulators

        43. Section 70: Procedural requirements relating to recommendations under section 69

    5. Part 5: Alternative Business Structures

      1. Background

        1. Section 71: Carrying on activities by licensed bodies

        2. Section 72: “Licensable body”

        3. Section 73: Licensing authorities and relevant licensing authorities

        4. Section 74: Designation of approved regulator as licensing authority

        5. Section 75: Automatic cancellation of designation as licensing authority

        6. Section 76: Cancellation of designation as licensing authority by order

        7. Section 77: Cancellation of designation: further provision

        8. Section 78: The Board’s power to recommend orders made under section 77

        9. Section 79: Cancellation of designation: powers of entry

        10. Section 80: Functions of appellate bodies

        11. Section 81: Procedural requirements relating to recommendations under section 80

        12. Section 82: Licensing authority policy statement

        13. Section 83: Licensing rules

        14. Section 84: Application for licence

        15. Section 85: Terms of licence

        16. Section 86: Modification of licence

        17. Section 87: Registers of licensed bodies

        18. Section 88: Evidence of status

        19. Section 89: Ownership of licensed bodies

        20. Section 90: Duties of non-authorised persons

        21. Section 91: Duties of Head of Legal Practice

        22. Section 92: Duties of Head of Finance and Administration

        23. Section 93: Information

        24. Section 94: Enforcement of notices under section 93

        25. Section 95: Financial penalties

        26. Section 96: Appeals against financial penalties

        27. Section 97: Recovery of financial penalties

        28. Section 98: Referral of employees to appropriate regulator

        29. Section 99: Disqualification

        30. Section 100: Lists of disqualified persons

        31. Section 101: Suspension and revocation of licence

        32. Section 102: Intervention

        33. Section 103: Regulatory conflict and the Board as licensing authority

        34. Section 104: Prevention of regulatory conflict: accounts rules

        35. Section 105: Trade union exemptions

        36. Section 106: Power to modify application of licensing rules to special bodies

        37. Section 107: Modifications under section 106: supplementary

        38. Section 108: “Low risk body”

        39. Section 109: Foreign bodies

        40. Section 110: Reporting requirements relating to Part 5

        41. Section 111: Interpretation of Part 5

    6. Part 6: Legal Complaints

      1. Complaints Handling – the previous position

      2. Complaints Handling – the new system

        1. Section 112: Complaints procedures of authorised persons

        2. Section 113: Overview of the scheme

        3. Section 114: The Office for Legal Complaints

        4. Section 116: General obligations

        5. Section 117: Corporate governance

        6. Section 118: Annual report

        7. Section 119: Supplementary powers

        8. Section 120: Reporting to the Board

        9. Section 121: Performance targets and monitoring

        10. Section 122: Appointment of Chief Ombudsman and assistant ombudsmen

        11. Section 123: Annual report of Chief Ombudsman

        12. Section 124: Additional reports of Chief Ombudsman

        13. Section 125: Jurisdiction of the ombudsman scheme

        14. Section 126: Complaints excluded because respondent’s complaints procedures not used

        15. Section 127: Complaints excluded by scheme rules

        16. Section 128: Parties

        17. Section 129: Pre-commencement acts and omissions

        18. Section 130: Orders under section 128

        19. Section 131: Acts and omissions by employees

        20. Section 132: Continuity of complaints

        21. Section 133: Operation of the ombudsman scheme

        22. Section 134: Delegation of an ombudsman’s functions

        23. Section 135: Notification requirements

        24. Section 136: Charges payable by respondents

        25. Section 137: Determination of complaints

        26. Section 138: Limitation on value of directions under the ombudsman scheme

        27. Section 139: Alteration of limit

        28. Section 140: Acceptance or rejection of determination

        29. Section 141: Enforcement by complainant of directions under section 137

        30. Section 142: Reporting court orders made against authorised persons

        31. Section 143: Reporting possible misconduct to approved regulators

        32. Section 144: Duties to share information

        33. Section 145: Duties of authorised persons to co-operate with investigations

        34. Section 146: Reporting failures to co-operate with an investigation to approved regulators

        35. Section 147: Information and documents

        36. Section 148: Reporting failures to provide information or produce documents

        37. Section 149: Enforcement of requirements to provide information or produce documents

        38. Section 150: Reports of investigations

        39. Section 151: Restricted information

        40. Section 152: Disclosure of restricted information

        41. Section 153: Data protection

        42. Section 154: Protection from defamation claims

        43. Section 155: Consent requirements for rules

        44. Section 156: The Board’s powers in respect of rules

        45. Section 157: Approved regulators not to make provision for redress

        46. Section 158: Regulatory arrangements not prohibited by section 157

        47. Section 159: Legal Services Complaints Commissioner and Legal Services Ombudsman

        48. Section 161: Extension of Part 6 to claims management services

    7. Part 7: Further Provisions Relating to the Board and the Olc

      1. Section 162: Guidance

      2. Section 163: Voluntary arrangements

      3. Section 164: Power to establish voluntary scheme for resolving complaints

      4. Section 165: Procedure for making orders under section 164

      5. Section 166: Operation of voluntary scheme

      6. Section 167: Restricted Information

      7. Section 168: Disclosure of restricted information

      8. Section 169: Disclosure of information to the Board

      9. Section 170: Data protection

      10. Section 172: Funding

      11. Section 173: The levy

      12. Section 174: The levy: supplementary provisions

      13. Section 175: Amounts payable into the Consolidated Fund

    8. Part 8: Miscellaneous and General Provisions about Lawyers

      1. Section 176: Duties of regulated persons

      2. Section 177: The Law Society, solicitors, recognised bodies and foreign lawyers

      3. Section 178: The Solicitors Disciplinary Tribunal: approval of rules

      4. Section 179: Board’s power to give directions to the Tribunal

      5. Section 180: Functions of the Tribunal

      6. Section 181: Unqualified person not to pretend to be a barrister

      7. Section 182: Licensed conveyancers

      8. Section 183: Commissioners for oaths

      9. Section 184: Trade mark attorneys

      10. Section 185: Patent attorneys

      11. Section 186: Immigration advisers and immigration service providers

      12. Section 187: Claims management services

      13. Section 188: Duties of advocates and litigators

      14. Section 189: Employed advocates

      15. Section 190: Legal professional privilege

      16. Section 191: Rights of audience of employees of housing management bodies

      17. Section 192: Powers of court in respect of rights of audience and conduct litigation

      18. Section 193: Solicitors to public departments and the City of London

      19. Section 194: Payments in respect of pro bono representation

      20. Section 195: Application of the Legal Profession and Legal Aid (Scotland) Act 2007

      21. Section 196: Scottish legal services ombudsman: functions

    9. Part 9: General

      1. Section 197: Offences committed by bodies corporate and unincorporated bodies

      2. Section 198: Local weights and measures authorities

      3. Section 199: Protected functions of the Lord Chancellor

      4. Section 200: Notices and directions

      5. Section 201: Documents

      6. Section 202: The giving of notices, directions and other documents

      7. Section 203: The giving of notices, directions and other documents in electronic form

      8. Section 204: Orders, regulations and rules

      9. Section 205: Consultation requirements for rules

      10. Section 206: Parliamentary control of orders and regulations

      11. Section 207: Interpretation

      12. Section 208: Minor and consequential provision

      13. Section 209: Transitional and transitory provision

      14. Section 212: Extent

  8. Commencement

  9. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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