Part 4Regulation of approved regulators
Practising fees
I151Control of practising fees charged by approved regulators
1
In this section “practising fee”, in relation to an approved regulator, means a fee payable by a person under the approved regulator's regulatory arrangements in circumstances where the payment of the fee is a condition which must be satisfied for that person to be authorised by the approved regulator to carry on one or more activities which are reserved legal activities.
2
An approved regulator may only apply amounts raised by practising fees for one or more of the permitted purposes.
3
The Board must make rules specifying the permitted purposes.
4
Those rules must, in particular, provide that the following are permitted purposes—
a
the regulation, accreditation, education and training of relevant authorised persons and those wishing to become such persons, including—
i
the maintaining and raising of their professional standards, and
ii
the giving of practical support, and advice about practice management, in relation to practices carried on by such persons;
b
the payment of a levy imposed on the approved regulator under section 173;
c
the participation by the approved regulator in law reform and the legislative process;
d
the provision by relevant authorised persons, and those wishing to become relevant authorised persons, of reserved legal services, immigration advice or immigration services to the public free of charge;
e
the promotion of the protection by law of human rights and fundamental freedoms;
f
the promotion of relations between the approved regulator and relevant national or international bodies, governments or the legal professions of other jurisdictions.
5
A practising fee is payable under the regulatory arrangements of an approved regulator only if the Board has approved the level of the fee.
6
The Board must make rules containing provision—
a
about the form and manner in which applications for approval for the purposes of subsection (5) must be made and the material which must accompany such applications;
b
requiring applicants to have consulted such persons as may be prescribed by the rules in such manner as may be so prescribed before such an application is made;
c
about the procedures and criteria that will be applied by the Board when determining whether to approve the level of a fee for the purposes of subsection (5).
7
Rules under subsection (6)(c) must, in particular, contain—
a
provision requiring the Board, before it determines an application for approval of the level of a fee, to consult such persons as it considers appropriate about the impact of the proposed fee on persons providing non-commercial legal services;
b
provision about the time limit for the determining of an application.
8
In this section “relevant authorised persons”, in relation to an approved regulator, means persons who are authorised by the approved regulator to carry on activities which are reserved legal activities.