(This note is not part of the Order)
The Chartered Institute of Patent Attorneys (“CIPA”) and the Institute of Trade Mark Attorneys (“ITMA”) are approved regulators by virtue of Part 1 of Schedule 4 to the Legal Services Act 2007 (“the Act”).
This Order designates both CIPA and ITMA as a licensing authority in relation to those reserved legal activities in respect of which each is, at the time of the coming into force of this Order, an approved regulator.
Under section 13 of the Act, reserved legal activities (defined in section 12 of the Act) may only be carried on by persons authorised to do so by an approved regulator or licensing authority (unless the person carrying on the activity is exempt from the requirement to be authorised). A licensable body (also known as an alternative business structure) may only be authorised to carry on such reserved legal activities by a licensing authority. Part 5 of the Act (alternative business structures) makes provision about licensing authorities and their functions.
An Impact Assessment has not been prepared for this instrument. A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s consultation on the Legal Services Bill and is available at http://www.justice.gov.uk or from the Head of Legal Services Policy, Law and Access to Justice Group, Ministry of Justice, 102 Petty France, London, SW1H 9AJ.