Legal Services Act 2007

[^key-72539167b3b43798bcaf511bd607a02b]: Words in s. 17(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-56c331e0fa5aca35a4df6fc84974764d]: Words in s. 181(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-e257fd49dab36d4f53d21c86e42fb77f]: S. 204 extended to S. and N.I. in accordance with the amending provision (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(5), 51(3)

[^key-dc8968134f8ca5bc4ed08d2b33fe39f1]: S. 206 extended to S. and N.I. in accordance with the amending provision (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(5), 51(3)

[^key-0ac952172350a86cda28d9fcae67ed0a]: Words in s. 194 heading inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(1)(a), 51(3)

[^key-b1928facae6e206e1b2064086df660a5]: S. 194A inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(2), 51(3)

[^key-d5e5b3ecc1155f560e81178674912b7c]: S. 194B inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(3), 51(3)

[^key-d3c065883e1cb452141e1d7ff9f2df19]: S. 194C inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(4), 51(3)

[^key-398ee40c5adc7824c6996e4193fc5f9d]: Words in s. 194(8) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(1)(b), 51(3)

[^key-77a9bbd6256e553aff628f7def591788]: S. 194(9) omitted (28.6.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 48(1)(c), 51(3)

[^key-b98edc2d7e57b528874bcbbaf332558c]: Words in s. 194(10) omitted (28.6.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 48(1)(d)(i), 51(3)

[^key-58a173ab2c0088abe72a5708b7e422db]: Words in s. 194(10) omitted (28.6.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 48(1)(d)(ii), 51(3)

[^key-ebace656fa872a1cab12a87bd532aca2]: Words in s. 14(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-354915bfbf1c0c9321ae33e0c7a79bb1]: Words in s. 14(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-b1c0eedda72f0029f40b1193977f7f67]: Words in s. 16(5)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-2891cb8842e081c1148ca7e8469252a5]: Words in s. 16(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-5342a189dd225e758cbd3b95d6cf3242]: Words in s. 17(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-802bec38a916e603295e398f82e5e539]: Words in s. 17(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-bcad4fb1ebf3ac012f234af88d67c814]: Words in s. 181(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-c9d6cd9457f8ce9d08f73a2bd0af384f]: Words in s. 181(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

[^key-c8c57bb4639c4012352379746653e604]: Pt. 5A inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 210(2), 219(1)(2)(b); S.I. 2024/269, reg. 2(z64)

[^key-2a1e2352ab7e50ce0c430def8ef3b9a6]: S. 206(4)(na) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 210(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(z64)

[^key-4e4b51e8c4940a77ffe9d1ee625e5e4e]: S. 1(5) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 209(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(z63)

[^key-57b025ff0c19a56aa77f081b908ba948]: S. 1(1)(i) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 209(2), 219(1)(2)(b); S.I. 2024/269, reg. 2(z63)

[^key-7119fef00d072d6f8ea7eb256c33b57d]: S. 111A(3)(a) modified (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 28

[^key-29e4d3f82547f0ed2a0d565f4a651493]: Words in s. 60(9) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 31(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-fdbfd8c52a3c0e35bad8f9b1729cf06a]: Words in s. 60(9) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 31(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

Payments in respect of pro bono representation: Supreme Court

Scottish legal services ombudsman: functions

Documents

Local weights and measures authorities

Parliamentary control of orders and regulations

Interpretation

Protected functions of the Lord Chancellor

Application of the Legal Profession and Legal Aid (Scotland) Act 2007

Scottish legal services ombudsman: functions

Protected functions of the Lord Chancellor

Employed advocates

Parliamentary control of orders and regulations

Offences committed by bodies corporate and unincorporated bodies

The regulatory objectives

Entitlement to carry on a reserved legal activity

Offence to carry on a reserved legal activity if not entitled

The Board's policy statements

Cancellation of the Board's designation under section 62(1)(c)

Alteration of limit

Foreign bodies

Annual report of Chief Ombudsman

Limitation on value of directions under the ombudsman scheme

Disclosure of information to the Board

Regulatory arrangements not prohibited by section 157

OLC expenditure relating to claims management services

174A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amounts payable into the Consolidated Fund

Trade mark attorneys

The Solicitors Disciplinary Tribunal: approval of rules

Board's power to give directions to the Tribunal

Functions of the Tribunal

Patent attorneys

Claims management services

Offences committed by bodies corporate and unincorporated bodies

Application of the Legal Profession and Legal Aid (Scotland) Act 2007

Documents

Parliamentary control of orders and regulations

Interpretation

Transitional and transitory provision

Application of the Legal Profession and Legal Aid (Scotland) Act 2007

Scottish legal services ombudsman: functions

Scottish legal services ombudsman: functions

Local weights and measures authorities

Notices and directions

Parliamentary control of orders and regulations

Interpretation

Minor and consequential provision etc

Pre-commencement acts and omissions

Legal Services Complaints Commissioner and Legal Services Ombudsman

OLC expenditure relating to claims management services

The Law Society, solicitors, recognised bodies and foreign lawyers

Functions of the Tribunal

Licensed conveyancers

Parliamentary control of orders and regulations

Application of the Legal Profession and Legal Aid (Scotland) Act 2007

Protected functions of the Lord Chancellor

Documents

Parliamentary control of orders and regulations

Interpretation

Transitional and transitory provision

Duties of regulated persons

The Solicitors Disciplinary Tribunal: approval of rules

Board's power to give directions to the Tribunal

Unqualified person not to pretend to be a barrister

194A

• (1) This section applies to relevant tribunal proceedings in which—

• (a) a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and

• (b) R’s representation of P is or was provided free of charge, in whole or in part.

• (2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.

• (3) The tribunal may make an order under this section against a person if the condition in subsection (5) is met in respect of that person (and if subsection (7) does not apply).

• (4) An order under this section is an order for the person to make a payment to the prescribed charity in respect of R’s representation of P (or, if only part of R’s representation of P was provided free of charge, in respect of that part).

• (5) The condition is that, had R’s representation of P not been provided free of charge, the tribunal would have had the power to order the person to make a payment to P in respect of sums payable to R by P in respect of that representation.

• (6) In considering whether to make an order under this section against a person, and the terms of such an order, the tribunal must have regard to—

• (a) whether, had R’s representation of P not been provided free of charge, it would have made an order against that person as described in subsection (5), and

• (b) if it would, what the terms of the order would have been.

• (7) The tribunal may not make an order under this section against a person represented in the proceedings if the person’s representation was at all times within subsection (8).

• (8) Representation is within this subsection if it is provided—

• (a) by a legal representative acting free of charge, or

• (b) by way of legal aid.

• (9) For the purposes of subsection (8)(b), representation is provided by way of legal aid if it is—

• (a) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

• (b) made available under Part 2 or 3 of the Legal Aid (Scotland) Act 1986, or

• (c) funded under Part 2 of the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)).

• (10) Procedure rules may make further provision as to the making of orders under this section, and may in particular—

• (a) provide that such orders may not be made in proceedings of a description specified in the rules;

• (b) make provision about the procedure to be followed in relation to such orders;

• (c) specify matters (in addition to those mentioned in subsection (6)) to which the tribunal must have regard in deciding whether to make such an order, and the terms of any order.

• (11) In this section “relevant tribunal proceedings” means proceedings in—

• (a) the First-tier Tribunal,

• (b) the Upper Tribunal,

• (c) an employment tribunal,

• (d) the Employment Appeal Tribunal, or

• (e) the Competition Appeal Tribunal,

but does not include proceedings within devolved competence.

• (12) For the purposes of subsection (11), proceedings are within devolved competence if provision regulating the procedure to be followed in those proceedings could be made by—

• (a) an Act of the Scottish Parliament,

• (b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

• (c) an Act of the Northern Ireland Assembly the Bill for which would not require the consent of the Secretary of State.

• (13) The Lord Chancellor may by regulations—

• (a) amend subsection (11) so as to add a tribunal to the list in that subsection, and

• (b) make consequential amendments of the definition of “procedure rules” in subsection (14).

• (14) In this section—

• “free of charge” means otherwise than for or in expectation of fee, gain or reward;

• “legal representative” means a person who is—entitled in accordance with section 13 to carry on the activity of exercising a right of audience or conducting litigation,a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980,a member of the Faculty of Advocates in Scotland,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,a member of the Bar of Northern Ireland, ora solicitor of the Court of Judicature of Northern Ireland,irrespective of the capacity in which the person is acting in the proceedings concerned;

• “prescribed charity” means the charity prescribed under section 194C;

• “procedure rules” means—Tribunal Procedure Rules, in relation to proceedings in the First-tier Tribunal or the Upper Tribunal,Employment Tribunal Procedure Rules, in relation to proceedings in an employment tribunal or the Employment Appeal Tribunal, orrules under section 15 of the Enterprise Act 2002, in relation to proceedings in the Competition Appeal Tribunal;

• “tribunal” does not include an ordinary court of law.

• (15) An order under this section may not be made in respect of representation if (or to the extent that) it was provided before section 48 of the Judicial Review and Courts Act 2022 came into force.

194B

• (1) This section applies to proceedings in a relevant civil appeal to the Supreme Court in which—

• (a) a party to the proceedings (“P”) is or was represented by a legal representative (“R”), and

• (b) R’s representation of P is or was provided free of charge, in whole or in part.

• (2) This section applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.

• (3) The Court may make an order under this section against a person if the condition in subsection (5) is met in respect of that person (and if subsection (7) does not apply).

• (4) An order under this section is an order for the person to make a payment to the prescribed charity in respect of R’s representation of P (or, if only part of R’s representation of P was provided free of charge, in respect of that part).

• (5) The condition is that, had R’s representation of P not been provided free of charge, the Court would have had the power to order the person to make a payment to P in respect of sums payable to R by P in respect of that representation.

• (6) In considering whether to make an order under this section against a person, and the terms of such an order, the Court must have regard to—

• (a) whether, had R’s representation of P not been provided free of charge, it would have made an order against that person as described in subsection (5), and

• (b) if it would, what the terms of the order would have been.

• (7) The Court may not make an order under this section against a person represented in the proceedings if the person’s representation was at all times within subsection (8).

• (8) Representation is within this subsection if it is—

• (a) provided by a legal representative acting free of charge, or

• (b) provided by way of legal aid.

• (9) For the purposes of subsection (8)(b), representation is provided by way of legal aid if it is—

• (a) provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

• (b) funded under Part 2 of the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)).

• (10) Supreme Court Rules may make further provision as to the making of orders under this section, and may in particular—

• (a) provide that such orders may not be made in proceedings of a description specified in the Rules;

• (b) make provision about the procedure to be followed in relation to such orders;

• (c) specify matters (in addition to those mentioned in subsection (6)) to which the Court must have regard in deciding whether to make such an order, and the terms of any order.

• (11) In this section—

• “free of charge” means otherwise than for or in expectation of fee, gain or reward;

• “legal representative”, in relation to a party to proceedings, means—a person exercising a right of audience, or conducting litigation, on the party’s behalf pursuant to an entitlement under section 13, ora member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, practising or acting as such on the party’s behalf;

• “prescribed charity” means the charity prescribed under section 194C;

• “relevant civil appeal” means an appeal—from the High Court under Part 2 of the Administration of Justice Act 1969,from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007,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, orunder 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.

• (12) An order under this section may not be made in respect of representation in proceedings in a relevant civil appeal—

• (a) from a court in Northern Ireland, or

• (b) from the Upper Tribunal under section 14B(4) of the Tribunals, Courts and Enforcement Act 2007,

if (or to the extent that) the representation was provided before section 48 of the Judicial Review and Courts Act 2022 came into force.

194C

• (1) The Lord Chancellor may by order prescribe a registered charity for the purposes of sections 194 to 194B.

• (2) The charity must be one which provides financial support to persons who provide, or organise or facilitate the provision of, legal advice or assistance (by way of representation or otherwise) which is free of charge.

• (3) In this section—

• “free of charge” means otherwise than for or in expectation of fee, gain or reward;

• “registered charity” means a charity registered in accordance with—section 30 of the Charities Act 2011,section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), orsection 16 of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)).

• (4) An order under section 194(8) that was in force immediately before section 48 of the Judicial Review and Courts Act 2022 came into force—

• (a) remains in force despite the amendment by that section of section 194(8),

• (b) has effect as if its prescription of a charity for the purposes of section 194 were the prescription of that charity under this section for the purposes of sections 194 to 194B, and

• (c) may be amended or revoked by an order under this section.

Interpretation

Transitional and transitory provision

PART 5A — Approved regulators: information powers

The Law Society’s information powers relating to economic crime

The Law Society’s information powers relating to economic crime

111A

• (1) The Law Society may, by notice, require a person falling within subsection (3) to—

• (a) provide information, or information of a description, specified in the notice;

• (b) produce documents, or documents of a description, specified in the notice.

• (2) The Law Society may only exercise the power in subsection (1) in relation to information or documents which the Law Society considers it necessary or expedient to have for the purposes of, or in connection with, the performance of its regulatory functions for purposes relating to the prevention or detection of economic crime.

• (3) The persons are—

• (a) a solicitor;

• (b) an employee of a solicitor;

• (c) a body recognised under section 9 of the Administration of Justice Act 1985;

• (d) an employee or manager of, or person with an interest in, such a body;

• (e) a licensed body;

• (f) a manager or employee of a licensed body;

• (g) a non-authorised person who has an interest or an indirect interest, or holds a material interest (within the meaning of Part 5 of this Act), in a licensed body;

• (h) a person who was, but is no longer, of a description mentioned within any of paragraphs (a) to (g).

• (4) A notice under subsection (1)—

• (a) may specify the manner and form in which the information is to be provided or document produced;

• (b) must specify the period within which the information is to be provided or document produced;

• (c) may require the information to be provided, or document to be produced, to the Law Society or to a person specified in the notice.

• (5) The Law Society may pay to any person such reasonable costs as may be incurred by that person in connection with the provision of any information, or production of any document, by that person pursuant to a notice under subsection (1).

• (6) The Law Society, or a person specified under subsection (4)(c) in a notice, may take copies of or extracts from a document produced pursuant to a notice under subsection (1).

• (7) In this section “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023.

111B

• (1) If a person refuses or otherwise fails to comply with a notice under section 111A(1), the Law Society may apply to the High Court for an order requiring the person to comply with the notice or with such directions for the like purpose as may be contained in the order.

• (2) On an application under subsection (1), the High Court may order a person other than the person to whom the notice was given to provide information or produce documents specified in the notice, if the High Court is satisfied that there is reason to suspect that the information or documents have come into the possession or custody or under the control of that other person.

• (3) Section 111A(4) applies in relation to an order under subsection (2) as it applies in relation to a notice under section 111A(1).

• (4) An order under this section may direct the Law Society to pay such reasonable costs as may be incurred by a person in connection with the provision of any information, or production of any document, by that person pursuant to the order.

• (5) A person may take copies of or extracts from a document produced to them pursuant to an order under this section.

Provision of information relating to economic crime by other persons

111C

• (1) The Law Society may apply to the High Court for an order requiring a person who does not fall within section 111A(3) to—

• (a) provide information, or information of a description, specified in the order, or

• (b) produce documents, or documents of a description, specified in the order.

• (2) The High Court may make an order under this section only if it is satisfied—

• (a) that it is likely that the information or document is in the possession or custody of, or under the control of, the person, and

• (b) that it is necessary or expedient for the Law Society to have the information or document for the purposes of, or in connection with, the performance of its regulatory functions for purposes relating to the prevention or detection of economic crime.

• (3) Section 111A(4) applies in relation to an order under this section as it applies in relation to a notice under section 111A(1).

• (4) An order under this section may direct the Law Society to pay such reasonable costs as may be incurred by a person in connection with the provision of any information, or production of any document, by that person pursuant to the order.

• (5) A person may take copies of or extracts from a document produced to them pursuant to an order under this section.

• (6) In this section “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023.

Other approved regulators: information powers relating to economic crime

Order to confer information powers on other approved regulators

111D

• (1) The Lord Chancellor may by order amend this Part so as to—

• (a) provide for sections 111A to 111C to apply in relation to an approved regulator other than the Law Society as they apply in relation to the Law Society, and

• (b) specify the persons to whom notices under section 111A(1) may be given by that approved regulator.

• (2) The Lord Chancellor may make an order under this section in relation to an approved regulator only if—

• (a) the Board has made a recommendation in accordance with section 111E in relation to that approved regulator, and

• (b) the persons specified in the order to whom notices under section 111A(1) may be given by that approved regulator are the same as those persons specified in the recommendation.

111E

• (1) The Board may recommend to the Lord Chancellor that the Lord Chancellor make an order under section 111D in relation to an approved regulator.

• (2) A recommendation must specify the persons to whom the approved regulator should be able to give notices under section 111A(1).

• (3) A recommendation may only be made with the consent of the approved regulator.

• (4) Before making a recommendation under this section, the Board must publish a draft of the proposed recommendation.

• (5) The draft must be accompanied by a notice which states that representations about the proposed recommendation may be made to the Board within a specified period.

• (6) Before making the recommendation, the Board must have regard to any representations duly made.