The Legal Services Act 2007 (Warrant) (Licensing Authority) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 79 of the Legal Services Act 2007 (“the 2007 Act”) permits a person, appointed by the Legal Services Board (“the Board”) to act on its behalf, to apply in certain circumstances for a warrant authorising that person to enter and search the premises of a former licensing authority and take possession of any written or electronic records found on the premises. Those circumstances are where a body has had its designation as a licensing authority cancelled, either automatically under section 75 of the 2007 Act because its designation as an approved regulator has been cancelled under section 45, or by an order made by the Lord Chancellor under section 76 of the 2007 Act.

Regulation 2 specifies the matters of which a judicial officer (a judge of the High Court, circuit judge or justice of the peace) must be satisfied before issuing a warrant.

Regulation 3 regulates the exercise of the powers conferred by the warrant.

Regulation 4 prohibits the taking or copying of records subject to legal privilege, and provides that where such records are taken in error, they must be returned and copies must be destroyed.

Regulation 5 regulates the exercise of the powers conferred by the warrant where the person exercising those powers takes possession of documents under it, in particular in relation to the circumstances in which records must be returned.

Regulations 6, 7 and 8 make further provision which applies where documents are copied under section 79(4) of the 2007 Act.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector is available at www.legislation.gov.uk.