Legal Services Act 2007 - Authorised Persons and Approved Regulators

Authorised Persons and Approved Regulators

Authorised persons are either (s. 18):

  • Persons authorised in respect of a given legal activity by a relevant approved regulator; or
  • Licensed bodies authorised in respect of those activities.

Relevant approved regulators are (s. 20/ Sch. 4, Pt. 1):

Regulator Rights of audience Conduct of litigation Reserved instruments Probate activities Notarial activities Administration of oaths
Law Society Yes Yes Yes Yes No Yes
Bar Council Yes Yes Yes Yes No Yes
Master of the Faculties No No Yes Yes Yes Yes
Chartered Institute of Legal Executives Yes No No No No Yes
Council for Licensed Conveyancers No No Yes No No Yes
Chartered Institute of Patent Attorneys Yes Yes Yes No No Yes
Institute of Trade Mark Attorneys Yes Yes Yes No No Yes
Association of Law Costs Draftsmen Yes Yes No No No Yes

The Legal Services Board does not have the power to recommend to the Lord Chancellor that he approve further approved regulators (s. 20/ Sch. 4, Pt. 2). The regulatory arrangements of all the approved regulators defined in Sch. 4, Pt. 1 remain in place at the coming into force of the Act but thereafter, all changes to internal professional regulatory arrangements must be approved by the Board (s. 20/ Sch. 3, Pt. 3).

As of 2008, no date is fixed for the coming into force of these provisions but, as a transitionary arrangement, authorised person is to be interpreted as a person who will not be authorised when these sections to come into force.

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