Section 12 and Schedule 2 define six reserved legal activities:
- Exercise of rights of audience;
- Conduct of litigation;
- Reserved instrument activities, being certain activities concerning land registration and real property;
- Probate activities;
- Notarial activities;
- Administration of oaths.
This list can be amended by an Order in Council of the Chancellor (ss. 24-26).
Section 12 then goes on to define, for the purposes of the Act, a legal activity as either a reserved legal activity or as the provision of legal advice, assistance or representation in connection with the application of the law or with any form of resolution of legal disputes. Legal activity does not include acting as a mediator or arbitrator.
Only an authorised person or an exempt person can carry out a reserved legal activity (s. 14). It is a crime to carry out a reserved activity otherwise though it is a defence that the person "did not know, and could not reasonably have been expected to know" that they were committing an offence. It is also an offence to pretend to be authorised (s. 17) An offender can be sentenced on summary conviction to up to six months' imprisonment and a fine of up to £5,000. If convicted on indictment in the Crown Court and offender can be sentenced to up to two years' imprisonment and an unlimited fine. An unauthorised person who purports to exercise a right of audience also commits a contempt of court for which he can be punished.
By virtue of paragraph 2(b) of the The Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009 (SI 3250/2009) s 12 and Schedule 2 are in force from January 1, 2010.
Read more about this topic: Legal Services Act 2007
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