C1 Part IILegal Services
Rights of audience and rights to conduct litigation
27 Rights of audience.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Rights to conduct litigation.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Authorised bodies.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17I130 Revocation of authorised body’s designation.
1
Where an Order in Council has been made under section 29 designating a body as an authorised body, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.
2
An Order under this section may only be made if—
a
the authorised body has made a written request to the Lord Chancellor asking for it to be made;
b
that body has agreed (in writing) to its being made; or
c
the Lord Chancellor is satisfied that the circumstances at the time when he is considering the question are such that, had that body then been applying to become an authorised body, its application would have failed.
3
The provisions of Part III of Schedule 4 shall have effect with respect to the revocation of designations under this section.
4
An Order made under this section may make such transitional and incidental provision as the Lord Chancellor considers necessary or expedient.
5
Where such an Order is made, any right of audience or right to conduct litigation granted to any person by the body with respect to whom the Order is made shall cease to have effect, subject to any transitional provision made by the Order.
6
Where such an Order is made, the Lord Chancellor shall—
a
give the body with respect to whom the Order is made written notice of the making of the Order;
b
take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and
c
publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.
31 Barristers and solicitors.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31A Employed advocates.
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F631B Advocates and litigators employed by F20Lord Chancellor .
F71
This section applies where a person—
a
is authorised by a relevant approved regulator (“the regulator”) to carry on an activity which constitutes the exercise of a right of audience or the conduct of litigation, and
F21b
is employed by the Lord Chancellor, or by any body established and maintained by the Lord Chancellor, under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
1A
Any rules of the regulator which fall within subsection (2) shall not have effect in relation to that person.
2
Rules of a F8regulator fall within this subsection if they are—
a
b
rules of any other description prohibiting or limiting the provision of legal services to members of the public by such members of the F8regulator,
and either of the conditions specified in subsection (3) is satisfied.
3
Those conditions are—
a
that the prohibition or limitation is on the exercise of the right, or the provision of the services, otherwise than on the instructions of solicitors (or other persons acting for the members of the public); and
b
that the rules do not impose the same prohibition or limitation on members of the F10regulator who have the right but are not employees.
F114
For the purposes of this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
F1231C Change of authorised body.
F131
Where a person—
a
has at any time been authorised by a relevant approved regulator to exercise a right of audience before a court in relation to proceedings of a particular description, and
b
becomes authorised by another relevant approved regulator to exercise a right of audience before that court in relation to that description of proceedings,
any qualification regulations of the relevant approved regulator mentioned in paragraph (b) which relate to that right are not to have effect in relation to the person.
2
Subsection (1) does not apply in relation to any qualification regulations to the extent that they impose requirements relating to continuing education or training which have effect in relation to the exercise of the right by all members of F14the relevant approved regulator who have the right.
3
F164
In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
I2F1832 The Law Society: rights of audience.
1
On the coming into force of section 27—
a
solicitors shall be deemed to have been granted by the Law Society the rights of audience exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
b
the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 27.
2
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
a
in relation to the rights of audience mentioned in subsection (1)(a); and
b
so far as they relate to those rights of audience.
3
If any particular provision of those regulations or rules would not have been approved for the purposes of section 27 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
4
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
5
Where a direction is given under subsection (4)—
a
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
b
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
c
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
6
In the event of any question arising as to whether any provision of the qualification regulations or rules of conduct of the Law Society requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
7
Where a direction is given under subsection (6)—
a
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
b
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
c
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
8
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
a
it shall cease to have effect, so far as it relates to any right of audience deemed to have been granted by the Law Society; and
b
the regulations and rules which are deemed, by virtue of subsection (1)(b) to have been properly approved shall be taken not to include that provision.
9
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
a
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
b
it is determined in accordance with subsection (7)(c) that that provision requires approval.
I3F1933 The Law Society: rights to conduct litigation.
1
On the coming into force of section 28—
a
solicitors shall be deemed to have been granted by the Law Society the rights to conduct litigation exercisable by solicitors (in their capacity as such) immediately before 7th December 1989; and
b
the Law Society shall be deemed to have in force qualification regulations and rules of conduct which have been properly approved for the purposes of section 28.
2
Those qualification regulations and rules of conduct shall be deemed to have been approved only—
a
in relation to the rights to conduct litigation mentioned in subsection (1)(a); and
b
so far as they relate to those rights to conduct litigation.
3
If any particular provision of those regulations or rules would not have been approved for the purposes of section 28 had it been submitted for approval under Part I of Schedule 4 it (but no other such provision) shall not be deemed to have been approved.
4
In the event of any question arising as to whether any provision is deemed to have been approved, subsection (5) shall apply in relation to that question if the Lord Chancellor so directs.
5
Where a direction is given under subsection (4)—
a
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
b
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question is deemed to have been so approved; and
c
that provision shall not be deemed to have been so approved unless the Lord Chancellor and each of the designated judges are satisfied that it has been.
6
In the event of any question arising as to whether any provision requires to be approved by virtue of section 29(3) or (4), subsection (7) shall apply in relation to that question if the Lord Chancellor so directs.
7
Where a direction is given under subsection (6)—
a
the Lord Chancellor shall seek the advice of the Advisory Committee and the Director;
b
the Lord Chancellor and each of the designated judges shall consider, in the light of that advice, whether the provision in question requires approval; and
c
it shall require approval unless the Lord Chancellor and each of the designated judges are satisfied that it does not require approval.
8
Where, by virtue of subsection (5)(c), any provision is not deemed to have been approved—
a
it shall cease to have effect, so far as it relates to any right to conduct litigation deemed to have been granted by the Law Society; and
b
the regulations and rules which are deemed, by virtue of subsection (1)(b), to have been properly approved shall be taken not to include that provision.
9
Nothing in this section shall affect the validity of anything done in reliance on any provision of regulations or rules at any time before—
a
it is determined in accordance with subsection (5)(c) that that provision is not deemed to have been approved; or
b
it is determined in accordance with subsection (7)(c) that that provision requires approval.
Pt. 2: transfer of functions (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with arts. 6, 8)