EXPLANATORY NOTE
(This note is not part of the Order)
This Order designates the Chartered Institute of Legal Executives (“CILEx”) as a licensing authority under Part 5 (alternative business structures) of the Legal Services Act 2007 (c. 29) (“the Act”) in relation to the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities and the administration of oaths. Part 5 of the Act makes provision about licensing authorities and their functions. CILEx is already an approved regulator in relation to these reserved legal activities by virtue of Part 1 of Schedule 4 to the Act, the Legal Services Act 2007 (Approved Regulators) Order 2011 (S.I. 2011/1118) and the Legal Services Act 2007 (Approved Regulator) (No. 2) Order (S.I. 2014/2937). Designation as a licensing authority will allow CILEx to license alternative business structures, which are businesses wholly or partly owned or controlled by non-lawyers, to provide legal services, or a mixture of legal and other services, to the public.
The Order also makes provision to ensure that the Financial Guidance and Claims Act 2018 (c. 10) has effect for licensable bodies authorised by CILEx to carry on a reserved legal activity as it does in relation to persons authorised by CILEx to carry on a reserved legal activity.
A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.