Schedule 2 makes provision about what constitutes each of those activities.

But “legal activity” does not include any activity of a judicial or quasi-judicial nature (including acting as a mediator).

For the purposes of subsection (3) “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.

Section 24 makes provision for adding legal activities to the reserved legal activities.

The question whether a person is entitled to carry on an activity which is a reserved legal activity is to be determined solely in accordance with the provisions of this Act.

Subsection (2) is subject to section 23 (transitional protection for non-commercial bodies).

Nothing in this section or section 23 affects section 84 of the Immigration and Asylum Act 1999 (c. 33) (which prohibits the provision of immigration advice and immigration services except by certain persons).

It is an offence for a person to carry on an activity (“the relevant activity”) which is a reserved legal activity unless that person is entitled to carry on the relevant activity.

In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused did not know, and could not reasonably have been expected to know, that the offence was being committed.

A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.

In relation to an offence under subsection (1) committed before F12 May 2022, the reference in subsection (3)(a) to F4the general limit in a magistrates’ court is to be read as a reference to 6 months.

This section applies for the interpretation of references in this Act to a person carrying on an activity which is a reserved legal activity.

For the purposes of subsection (2), it is irrelevant whether P is entitled to carry on the activity.

P does not carry on an activity (“the relevant activity”) which is a reserved legal activity by virtue of E carrying it on in E's capacity as an employee of P, unless the provision of relevant services to the public or a section of the public (with or without a view to profit) is part of P's business.

Relevant services are services which consist of or include the carrying on of the relevant activity by employees of P in their capacity as employees of P.

The Lord Chancellor may by order make provision about the circumstances in which relevant services do or do not relate to, or have a connection with, the matters mentioned in paragraphs (a) to (d) of subsection (7).

The Lord Chancellor may make an order under subsection (7), (8) or (9) only on the recommendation of the Board.

If P is a body, references to an employee of P include references to a manager of P.

In subsection (7), “relevant activities”, in relation to a person who is or was a member of an independent trade union, means any employment (including self-employment), trade, occupation or other activity to which the person's membership of the trade union relates or related.

Where subsection (2) applies it is an offence for a person (“P”) to carry on an activity (“the relevant activity”) which is a reserved legal activity, despite P being entitled to carry on the relevant activity.

If P is a body, references in subsection (2) to an employee of P include references to a manager of P.

In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence.

A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.

In relation to an offence under subsection (1) committed before F22 May 2022, the reference in subsection (5)(a) to F7the general limit in a magistrates’ court is to be read as a reference to 6 months.

In relation to an offence under subsection (1) committed before F32 May 2022, the reference in subsection (2)(a) to F9the general limit in a magistrates’ court is to be read as a reference to 6 months.

A licensable body may not be authorised to carry on the relevant activity as mentioned in subsection (1)(a).

Subsection (2) is subject to Part 2 of Schedule 5 (by virtue of which licensable bodies may be deemed to be authorised as mentioned in subsection (1)(a) in relation to certain activities during a transitional period).

A person other than a licensable body may not be authorised to carry on the relevant activity as mentioned in subsection (1)(b).

In this Act, the following expressions have the meaning given by this section—

• “approved regulator”;

• “relevant approved regulator”.

An approved regulator is a “relevant approved regulator” in relation to a person if the person is authorised by the approved regulator to carry on an activity which is a reserved legal activity.

An approved regulator may authorise persons to carry on any activity which is a reserved legal activity in respect of which it is a relevant approved regulator.

In this Act—

• “compensation arrangements”, in relation to a body, means arrangements to provide for grants or other payments for the purposes of relieving or mitigating losses or hardship suffered by persons in consequence of—

  1. a

     negligence or fraud or other dishonesty on the part of any persons whom the body has authorised to carry on activities which constitute a reserved legal activity, or of employees of theirs, in connection with their activities as such authorised persons, and

  2. b

     failure, on the part of regulated persons, to account for money received by them in connection with their activities as such regulated persons;

• “conduct rules”, in relation to a body, means any rules or regulations (however they may be described) as to the conduct required of regulated persons;

• “discipline rules”, in relation to a body, means any rules or regulations (however they may be described) as to the disciplining of regulated persons;

• “indemnification arrangements”, in relation to a body, means arrangements for the purpose of ensuring the indemnification of those who are or were regulated persons against losses arising from claims in relation to any description of civil liability incurred by them, or by employees or former employees of theirs, in connection with their activities as such regulated persons;

• “practice rules”, in relation to a body, means any rules or regulations (however they may be described) which govern the practice of regulated persons;

• “qualification regulations”, in relation to a body, means—

  1. a

     any rules or regulations relating to—

     1. i

        the education and training which persons must receive, or

     2. ii

        any other requirements which must be met by or in respect of them,

     (in order for them to be authorised by the body to carry on an activity which is a reserved legal activity,

  2. b

     any rules or regulations relating to—

     1. i

        the education and training which persons must receive, or

     2. ii

        any other requirements which must be met by or in respect of them,

     (in order for them to be authorised by the body to provide immigration advice or immigration services, and

  3. c

     any other rules or regulations relating to the education and training which regulated persons must receive or any other requirements which must be met by or in respect of them,

  (however they may be described).

In relation to an authorised person other than an individual, references in subsection (2) and (3) to employees of the person include managers of the person.

During the transitional period, a body within subsection (2) is entitled to carry on any activity which is a reserved legal activity.

Different days may be appointed under subsection (3)(b) for different purposes.

An order may be made under subsection (3)(b) only on the recommendation of the Board.

The Lord Chancellor may, by order, amend section 12 or Schedule 2 (reserved legal activities) so as to add any legal activity to the activities which are reserved legal activities for the purposes of this Act.

An order under subsection (1) may be made only on the recommendation of the Board.

Schedule 6 makes provision about the making of recommendations for the purposes of this section.

Where the Lord Chancellor decides not to make an order under this section in respect of an activity, the notice under subsection (4)(c) must state the reasons for that decision.

An order under subsection (1) may, in particular, provide that Part 2 of Schedule 4 or Part 1 of Schedule 10 is to apply, in relation to such cases as may be specified by the order, with such modifications as may be so specified.

For this purpose—

• “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;

• “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;

• “new reserved legal activity” means a legal activity which has become a reserved legal activity by virtue of an order under section 24.

The Board may recommend that an activity should cease to be a reserved legal activity.

Schedule 6 makes provision about the making of recommendations for the purposes of this section.

The Lord Chancellor must consider any recommendation made by the Board for the purposes of this section (but nothing in section 208 (minor and consequential provision etc) authorises the Lord Chancellor to give effect to such a recommendation).

Where the Lord Chancellor disagrees with a recommendation (or any part of it), the Lord Chancellor must publish a notice to that effect which must include the Lord Chancellor's reasons for disagreeing.