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Legal Services Act 2007 (c. 29)

(The document as of February, 2008)

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Legal Services Act 2007

2007 CHAPTER 29

CONTENTS

Content
  1. Part 1

    The regulatory objectives

    1. 1. The regulatory objectives

  2. Part 2

    The Legal Services Board

    1. Constitution

      1. 2. The Legal Services Board

    2. General functions

      1. 3. The Board's duty to promote the regulatory objectives etc

      2. 4. Standards of regulation, education and training

      3. 5. Corporate governance

      4. 6. Annual report

      5. 7. Supplementary powers

    3. Consumer Panel

      1. 8. The Consumer Panel

      2. 9. Committees and the procedure of the Consumer Panel

      3. 10. Representations by the Consumer Panel

      4. 11. Advice and research functions of the Consumer Panel

  3. Part 3

    Reserved legal activities

    1. Reserved legal activities

      1. 12. Meaning of "reserved legal activity" and "legal activity"

    2. Carrying on the activities

      1. 13. Entitlement to carry on a reserved legal activity

    3. Offences

      1. 14. Offence to carry on a reserved legal activity if not entitled

      2. 15. Carrying on of a reserved legal activity: employers and employees etc

      3. 16. Offence to carry on reserved legal activity through person not entitled

      4. 17. Offence to pretend to be entitled

    4. Interpretation

      1. 18. Authorised persons

      2. 19. Exempt persons

      3. 20. Approved regulators and relevant approved regulators

      4. 21. Regulatory arrangements

    5. Continuity of existing rights and transitional protection

      1. 22. Continuity of existing rights to carry on reserved legal activities

      2. 23. Transitional protection for non-commercial bodies

    6. Alteration of reserved legal activities

      1. 24. Extension of the reserved legal activities

      2. 25. Provisional designation as approved regulators and licensing authorities

      3. 26. Recommendations that activities should cease to be reserved legal activities

  4. Part 4

    Regulation of approved regulators

    1. Introductory

      1. 27. Regulatory and representative functions of approved regulators

    2. General duties of approved regulators

      1. 28. Approved regulator's duty to promote the regulatory objectives etc

    3. Separation of regulatory and representative functions

      1. 29. Prohibition on the Board interfering with representative functions

      2. 30. Rules relating to the exercise of regulatory functions

    4. Performance targets

      1. 31. Performance targets and monitoring

    5. Directions

      1. 32. Directions

      2. 33. Directions: procedure

      3. 34. Enforcement of directions

    6. Censure

      1. 35. Public censure

      2. 36. Public censure: procedure

    7. Financial penalties

      1. 37. Financial penalties

      2. 38. Financial penalties: procedure

      3. 39. Appeals against financial penalties

      4. 40. Recovery of financial penalties

    8. Intervention

      1. 41. Intervention directions

      2. 42. Intervention directions: further provision

      3. 43. Intervention directions: enforcement

      4. 44. Revocation of intervention directions

    9. Cancellation of approval

      1. 45. Cancellation of designation as approved regulator

      2. 46. Cancellation of designation: further provision

      3. 47. The Board's power to recommend orders made under section 46

      4. 48. Cancellation of designation: powers of entry etc

    10. Policy statements

      1. 49. The Board's policy statements

      2. 50. Policy statements: procedure

    11. Practising fees

      1. 51. Control of practising fees charged by approved regulators

    12. Regulatory conflict

      1. 52. Regulatory conflict with approved regulators

      2. 53. Modification of provision made about regulatory conflict

      3. 54. Regulatory conflict with other regulatory regimes

    13. Information

      1. 55. Provision of information to the Board

      2. 5664. Modification of the Board's functions under section 62(1)(b)

      3. 65. Cancellation of the Board's designation under section 62(1)(c)

      4. 66. The Board's power to recommend orders made under section 62

      5. 67. Effect of the Board's designation as an approved regulator

      6. 68. Regulatory conflict and the Board as approved regulator

    14. Functions of approved regulators etc

      1. 69. Modification of the functions of approved regulators etc

      2. 70. Procedural requirements relating to recommendations under section 69

  5. Part 5

    Alternative business structures

    1. Introductory

      1. 71. Carrying on of activities by licensed bodies

      2. 72. "Licensable body"

    2. Licensing authorities

      1. 73. Licensing authorities and relevant licensing authorities

      2. 74. Designation of approved regulator as licensing authority

      3. 75. Automatic cancellation of designation as licensing authority

      4. 76. Cancellation of designation as licensing authority by order

      5. 77. Cancellation of designation: further provision

      6. 78. The Board's power to recommend orders made under section 77

      7. 79. Cancellation of designation: powers of entry etc

    3. Appeals

      1. 80. Functions of appellate bodies

      2. 81. Procedural requirements relating to recommendations under section 80

    4. Policy statement

      1. 82. Licensing authority policy statement

    5. Licensing rules

      1. 83. Licensing rules

    6. Licensing

      1. 84. Application for licence

      2. 85. Terms of licence

      3. 86. Modification of licence

      4. 87. Registers of licensed bodies

      5. 88. Evidence of status

    7. Ownership of licensed bodies

      1. 89. Ownership of licensed bodies

    8. Regulation of licensed bodies

      1. 90. Duties of non-authorised persons

      2. 91. Duties of Head of Legal Practice

      3. 92. Duties of Head of Finance and Administration

      4. 93. Information

      5. 94. Enforcement of notices under section 93

      6. 95. Financial penalties

      7. 96. Appeals against financial penalties

      8. 97. Recovery of financial penalties

      9. 98. Referral of employees etc to appropriate regulator

      10. 99. Disqualification

      11. 100. Lists of disqualified persons

      12. 101. Suspension and revocation of licence

      13. 102. Intervention

      14. 103. Regulatory conflict and the Board as licensing authority

      15. Part 6

        Legal Complaints

        1. Complaints procedures of authorised persons

          1. 112. Complaints procedures of authorised persons

        2. Overview of the scheme

          1. 113. Overview of the scheme

        3. The Office for Legal Complaints

          1. 114. The Office for Legal Complaints

          2. 115. The ombudsman scheme

          3. 116. General obligations

          4. 117. Corporate governance

          5. 118. Annual report

          6. 119. Supplementary powers

          7. 120. Reporting to the Board

          8. 121. Performance targets and monitoring

        4. The ombudsmen

          1. 122. Appointment of the Chief Ombudsman and assistant ombudsmen

          2. 123. Annual report of Chief Ombudsman

          3. 124. Additional reports of Chief Ombudsman

        5. Jurisdiction and operation of the ombudsman scheme

          1. 125. Jurisdiction of the ombudsman scheme

          2. 126. Complaints excluded because respondent's complaints procedures not used

          3. 127. Complaints excluded by scheme rules

          4. 128. Parties

          5. 129. Pre-commencement acts and omissions

          6. 130. Orders under section 128

          7. 131. Acts and omissions by employees etc

          8. 132. Continuity of complaints

          9. 133. Operation of the ombudsman scheme

          10. 134. Delegation of an ombudsman's functions

          11. 135. Notification requirements

          12. 136. Charges payable by respondents

        6. Determinations under the scheme

          1. 137. Determination of complaints

          2. 138. Limitation on value of directions under the ombudsman scheme

          3. 139. Alteration of limit

          4. 140. Acceptance or rejection of determination

          5. 141. Enforcement by complainant of directions under section 137

          6. 142. Reporting court orders made against authorised persons

        7. Reporting misconduct

          1. 143. Reporting possible misconduct to approved regulators

        8. Co-operation with investigations

          1. 144. Duties to share information

          2. 145. Duties Disclosure of restricted information

          3. 153. Data protection

        9. Defamation

          1. 154. Protection from defamation claims

        10. Scheme rules

          1. 155. Consent requirements for rules

          2. 156. The Board's powers in respect of rules

        11. Effect on existing arrangements for redress etc

          1. 157. Approved regulators not to make provision for redress

          2. 158. Regulatory arrangements not prohibited by section 157

          3. 159. Legal Services Complaints Commissioner and Legal Services Ombudsman

        12. Interpretation

          1. 160. Interpretation of Part 6

        13. Claims management services

          1. 161. Extension of Part 6 to claims management services

      16. Part 7

        Further provisions relating to the Board and the OLC

        1. Guidance

          1. 162. Guidance

        2. Voluntary arrangements

          1. 163. Voluntary arrangements

          2. 164. Power to establish voluntary scheme for resolving complaints

          3. 165. Procedure for making orders under section 164

          4. 166. Operation of voluntary scheme

        3. Disclosure and use of information

          1. 167. Restricted information

          2. 168. Disclosure of restricted information

          3. 169. Disclosure of information to the Board

          4. 170. Data protection

          5. 171. Use of information

        4. Payments by Lord Chancellor

          1. 172. Funding

        5. The levy

          1. 173. The levy

          2. 174. The levy: supplementary provisions

        6. Payments into the Consolidated Fund

          1. 175. Amounts payable into the Consolidated Fund

      17. Part 8

        Miscellaneous provisions about lawyers etc

        1. Duties of regulated persons

          1. 176. Duties of regulated persons

        2. Solicitors, the Law Society and the Disciplinary Tribunal

          1. 177. The Law Society, solicitors, recognised bodies and foreign lawyers

          2. 178. The Solicitors Disciplinary Tribunal: approval of rules

          3. 179. Board's power to give directions to the Tribunal

          4. 180. Functions of the Tribunal

        3. Other lawyers

          1. 181. Unqualified person not to pretend to be a barrister

          2. 182. Licensed conveyancers

          3. 183. Commissioners for oaths

          4. 184. Trade mark attorneys

          5. 185. Patent attorneys

          6. 186. Immigration advisers and immigration service providers

          7. 187. Claims management services

        4. Advocates and litigators

          1. 188. Duties of advocates and litigators

          2. 189. Employed advocates

        5. Legal professional privilege

          1. 190. Legal professional privilege

        6. Employees of housing management bodies

          1. 191. Rights of audience etc of employees of housing management bodies

        7. Savings

          1. 192. Powers of court in respect of rights of audience and conduct of litigation

          2. 193. Solicitors to public departments and the City of London

        8. Pro bono representation

          1. 194. Payments in respect of pro bono representation

        9. Scotland

          1. 195. Application of the Legal Profession and Legal Aid (Scotland) Act 2007

          2. 196. Scottish legal services ombudsman: functions

      18. Part 9

        General

        1. Offences

          1. 197. Offences committed by bodies corporate and unincorporated bodies

          2. 198. Local weights and measures authorities

        2. Protected functions of the Lord Chancellor

          1. 199. Protected functions of the Lord Chancellor

        3. Notices etc

          1. 200. Notices and directions

          2. 201. Documents

          3. 202. The giving of notices, directions and other documents

          4. 203. The giving of notices, directions and other documents in electronic form

        4. Orders, rules etc

          1. 204. Orders, regulations and rules

          2. 205. Consultation requirements for rules

          3. 206. Parliamentary control of orders and regulations

        5. Interpretation

          1. 207. Interpretation

        6. Miscellaneous and supplementary

          1. 208. Minor and consequential provision etc

          2. 209. Transitional and transitory provision

          3. 210. Repeals

          4. 211. Commencement

          5. 212. Extent

          6. 213. Index of defined expressions

          7. 214. Short title

        1. Schedule 1

          The Legal Services Board

        2. Schedule 2

          The reserved legal activities

        3. Schedule 3

          Exempt persons

        4. Schedule 4

          Approved regulators

          1. Part 1

            Existing regulators

          2. Part 2

            Designation of bodies by order

          3. Part 3

            Alteration of approved regulator's regulatory arrangements

        5. Schedule 5

          Authorised persons

          1. Part 1

            Continuity of rights

          2. Part 2

            Rights during transitional period

          3. Part 3

            Interpretation

        6. Schedule 6

          Alteration of reserved legal activities

        7. Schedule 7

          Directions: procedure

        8. Schedule 8

          Intervention directions: procedure

          1. Part 1

            Giving intervention directions

          2. Part 2

            Revoking intervention directions

        9. Schedule 9

          Cancellation of designation as approved regulator

        10. Schedule 10

          Designation of approved regulators as licensing authorities

          1. Part 1

            Designation of approved regulators by order

          2. Part 2

            Cancellation of designation by order

        11. Schedule 11

          Licensing rules

          1. Part 1

            Licensing procedure

          2. Part 2

            Structural requirements

          3. Part 3

            Practice requirements

          4. Part 4

            Regulation

        12. Schedule 12

          Entitlement to make an application for a licence to the Board

        13. Schedule 13

          Ownership of licensed bodies

          1. Part 1

            Introductory

          2. Part 2

            Approval of restricted interests on application for licence

          3. Part 3

            Approval of restricted interests after licence is issued

          4. Part 4

            Additional restrictions

          5. Part 5

            Enforcement

        14. Schedule 14

          Licensing authority's powers of intervention

        15. Schedule 15

          The Office for Legal Complaints

        16. Schedule 16

          The Law Society, solicitors, recognised bodies and foreign lawyers

          1. Part 1

            The Solicitors Act 1974 (c. 47)

          2. Part 2

            The Administration of Justice Act 1985 (c. 61)

          3. Part 3

            The Courts and Legal Services Act 1990 (c. 41)

        17. Schedule 17

          Licensed conveyancing

          1. Part 1

            Administration of Justice Act 1985 (c. 61)

          2. Part 2

            Courts and Legal Services Act 1990 (c. 41)

        18. Schedule 18

          Immigration advice and immigration services

          1. Part 1

            Qualifying regulators

          2. Part 2

            Amendments of the Immigration and Asylum Act 1999 (c. 33)

          3. Part 3

            Transitional provision

        19. Schedule 19

          Claims management services

        20. Schedule 20

          Amendments in relation to the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5)

        21. Schedule 21

          Minor and consequential amendments

        22. Schedule 22

          Transitional and transitory provision

        23. Schedule 23

          Repeals

        24. Schedule 24

          Index of defined expressions

An Act to make provision for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry on certain legal activities; to make provision for the establishment of the Office for Legal Complaints and for a scheme to consider and determine legal complaints; to make provision about claims management services and about immigration advice and immigration services; to make provision in respect of legal representation provided free of charge; to make provision about the application of the Legal Profession and Legal Aid (Scotland) Act 2007; to make provision about the Scottish legal services ombudsman; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 The regulatory objectives

1 The regulatory objectives

(1) In this Act a reference to "the regulatory objectives" is a reference to the objectives of--

(a) protecting and promoting the public interest;

(b) supporting the constitutional principle of the rule of law;

(c) improving access to justice;

(d) protecting and promoting the interests of consumers;

(e) promoting competition in the provision of services within subsection (2);

(f) encouraging an independent, strong, diverse and effective legal profession;

(g) increasing public understanding of the citizen's legal rights and duties;

(h) promoting and maintaining adherence to the professional principles.

(2) The services within this subsection are services such as are provided by authorised persons (including services which do not involve the carrying on of activities which are reserved legal activities).

(3) The "professional principles" are--

(a) that authorised persons should act with independence and integrity,

(b) that authorised persons should maintain proper standards of work,

(c) that authorised persons should act in the best interests of their clients,

(d) that persons who exercise before any court a right of audience, or conduct litigation in relation to proceedings in any court, by virtue of being authorised persons should comply with their duty to the court to act with independence in the interests of justice, and

(e) that the affairs of clients should be kept confidential.

(4) In this section "authorised persons" means authorised persons in relation to activities which are reserved legal activities.



Part 2 The Legal Services Board

Constitution

2 The Legal Services Board

(1) There is to be a body corporate called the Legal Services Board ("the Board").

(2) Schedule 1 is about the Board.



General functions

3 The Board's duty to promote the regulatory objectives etc

(1) In discharging its functions the Board must comply with the requirements of this section.

(2) The Board must, so far as is reasonably practicable, act in a way--

(a) which is compatible with the regulatory objectives, and

(b) which the Board considers most appropriate for the purpose of meeting those objectives.

(3) The Board must have regard to--

(a) the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and

(b) any other principle appearing to it to represent the best regulatory practice.

4 Standards of regulation, education and training

The Board must assist in the maintenance and development of standards in relation to--

(a) the regulation by approved regulators of persons authorised by them to carry on activities which are reserved legal activities, and

(b) the education and training of persons so authorised.

5 Corporate governance

In managing its affairs, the Board must have regard to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to it.

6 Annual report

(1) The Board must prepare a report ("the annual report") for each financial year.

(2) The annual report must deal with--

(a) the discharge of the Board's functions,

(b) the extent to which, in the Board's opinion, the Board has met the regulatory objectives, and

(c) such other matters as the Lord Chancellor may from time to time direct.

(3) As soon as reasonably practicable after the end of each financial year, the Board must give the Lord Chancellor a copy of the annual report prepared for that year.

(4) The Lord Chancellor must lay a copy of the annual report before Parliament.

(5) In this section "financial year" means--

(a) the period beginning with the day on which the Board is established and ending with the next following 31 March, and

(b) each successive period of 12 months.

7 Supplementary powers

The Board may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.



Consumer Panel

8 The Consumer Panel

(1) The Board must establish and maintain a panel of persons (to be known as "the Consumer Panel") to represent the interests of consumers.

(2) The Consumer Panel is to consist of such consumers, or persons representing the interests of consumers, as the Board may appoint with the approval of the Lord Chancellor.

(3) The Board must appoint one of the members of the Consumer Panel to be the chairman of the Panel.

(4) The Board must secure that the membership of the Consumer Panel is such as to give a fair degree of representation to both--

(a) those who are using (or are or may be contemplating using), in connection with businesses carried on by them, services provided by persons who are authorised persons in relation to activities which are reserved legal activities, and

(b) those who are using (or are or may be contemplating using) such services otherwise than in connection with businesses carried on by them.

(5) The Consumer Panel must not include any person who is--

(a) a member of the Board or of its staff;

(b) a member of the Office for Legal Complaints (see Part 6), an ombudsman appointed by it or a member of its staff appointed under paragraph 13 of Schedule 15;

(c) a member of the governing body, or of the staff, of an approved regulator;

(d) an authorised person in relation to an activity which is a reserved legal activity;

(e) a person authorised, by a person designated under section 5(1) of the Compensation Act 2006 (c. 29), to provide services which are regulated claims management services (within the meaning of that Act);

(f) an advocate in Scotland;

(g) a solicitor in Scotland;

(h) a member of the Bar of Northern Ireland; or

(i) a solicitor of the Court of Judicature of Northern Ireland.

(6) The chairman and other members of the Consumer Panel are to be--

(a) appointed for a fixed period, and on other terms and conditions, determined by the Board, and

(b) paid by the Board in accordance with provision made by or under the terms of appointment.

(7) But a person may be removed from office in accordance with those terms and conditions only with the approval of the Lord Chancellor.

(8) A person who ceases to be chairman or another member of the Consumer Panel may be re-appointed.

9 Committees and the procedure of the Consumer Panel

(1) The Consumer Panel may make such arrangements as it thinks fit for committees established by the Panel to give advice to the Panel about matters relating to the carrying out of the Panel's functions.

(2) The Consumer Panel may make such other arrangements for regulating its own procedure, and for regulating the procedure of the committees established by it, as it thinks fit.

(3) Those arrangements may include arrangements as to quorums and as to the making of decisions by a majority.

(4) The committees established by the Consumer Panel may include committees the membership of which includes persons who are not members of the Panel.

(5) The membership of every committee established by the Consumer Panel must contain at least one person who is a member of the Panel.

(6) Where a person who is not a member of the Consumer Panel is a member of a committee established by it, the Board may pay to that person such remuneration and expenses as the Board may determine.

10 Representations by the Consumer Panel

(1) The Board must consider any representations made to it by the Consumer Panel.

(2) If the Board disagrees with a view expressed, or proposal made, in the representations, it must give the Consumer Panel a notice to that effect stating its reasons for disagreeing.

(3) The Consumer Panel may publish such information as it thinks fit about any representations made by it to the Board.

(4) Where the Consumer Panel publishes information about any representations made by it, the Board must publish any notice it gives under subsection (2) in respect of those representations.

11 Advice and research functions of the Consumer Panel

(1) The Consumer Panel may, at the request of the Board--

(a) carry out research for the Board;

(b) give advice to the Board.

(2) The Board must consider any advice given and the results of any research carried out under this section.

(3) The Consumer Panel may publish such information as it thinks fit about advice it gives, and about the results of research carried out by it, under this section.



Part 3 Reserved legal activities

Reserved legal activities

12 Meaning of "reserved legal activity" and "legal activity"

(1) In this Act "reserved legal activity" means--

(a) the exercise of a right of audience;

(b) the conduct of litigation;

(c) reserved instrument activities;

(d) probate activities;

(e) notarial activities;

(f) the administration of oaths.

(2) Schedule 2 makes provision about what constitutes each of those activities.

(3) In this Act "legal activity" means--

(a) an activity which is a reserved legal activity within the meaning of this Act as originally enacted, and

(b) any other activity which consists of one or both of the following--

(i) the provision of legal advice or assistance in connection with the application of the law or with any form of resolution of legal disputes;

(ii) the provision of representation in connection with any matter concerning the application of the law or any form of resolution of legal disputes.

(4) But "legal activity" does not include any activity of a judicial or quasi-judicial nature (including acting as a mediator).

(5) For the purposes of subsection (3) "legal dispute" includes a dispute as to any matter of fact the resolution of which is relevant to determining the nature of any person's legal rights or liabilities.

(6) Section 24 makes provision for adding legal activities to the reserved legal activities.



Carrying on the activities

13 Entitlement to carry on a reserved legal activity

(1) The question whether a person is entitled to carry on an activity which is a reserved legal activity is to be determined solely in accordance with the provisions of this Act.

(2) A person is entitled to carry on an activity ("the relevant activity") which is a reserved legal activity where--

(a) the person is an authorised person in relation to the relevant activity, or

(b) the person is an exempt person in relation to that activity.

(3) Subsection (2) is subject to section 23 (transitional protection for non-commercial bodies).

(4) Nothing in this section or section 23 affects section 84 of the Immigration and Asylum Act 1999 (c. 33) (which prohibits the provision of immigration advice and immigration services except by certain persons).



Offences

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14 Offence to carry on a reserved legal activity if not entitled

(1) It is an offence for a person to carry on an activity ("the relevant activity") which is a reserved legal activity unless that person is entitled to carry on the relevant activity.

(2) In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused did not know, and could not reasonably have been expected to know, that the offence was being committed.

(3) A person who is guilty of an offence under subsection (1) is liable--

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), and

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(4) A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.

(5) In relation to an offence under subsection (1) committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) to 12 months is to be read as a reference to 6 months.

15 Carrying on of a reserved legal activity: employers and employees etc

(1) This section applies for the interpretation of references in this Act to a person carrying on an activity which is a reserved legal activity.

(2) References to a person carrying on an activity which is a reserved legal activity include a person ("E") who--

(a) is an employee of a person ("P"), and

(b) carries on the activity in E's capacity as such an employee.

(3) For the purposes of subsection (2), it is irrelevant whether P is entitled to carry on the activity.

(4) P does not carry on an activity ("the relevant activity") which is a reserved legal activity by virtue of E carrying it on in E's capacity as an employee of P, unless the provision of relevant services to the public or a section of the public (with or without a view to profit) is part of P's business.

(5) Relevant services are services which consist of or include the carrying on of the relevant activity by employees of P in their capacity as employees of P.

(6) Where P is an independent trade union, persons provided with relevant services do not constitute the public or a section of the public where--

(a) the persons are provided with the relevant services by virtue of their membership or former membership of P or of another person's membership or former membership of P, and

(b) the services are excepted membership services.

(7) Subject to subsection (8), "excepted membership services" means relevant services which relate to or have a connection with--

(a) relevant activities of a member, or former member, of the independent trade union;

(b) any other activities carried on for the purposes of or in connection with, or arising from, such relevant activities;

(c) any event which has occurred (or is alleged to have occurred) in the course of or in connection with such relevant activities or activities within paragraph (b);

(d) activities carried on by a person for the purposes of or in connection with, or arising from, the person's membership of the independent trade union;

and such other relevant services as the Lord Chancellor may by order specify.

(8) The Lord Chancellor may by order make provision about the circumstances in which relevant services do or do not relate to, or have a connection with, the matters mentioned in paragraphs (a) to (d) of subsection (7).

(9) Subject to that, the Lord Chancellor may by order make provision about--

(a) what does or does not constitute a section of the public;

(b) the circumstances in which the provision of relevant services to the public or a section of the public does or does not form part of P's business.

(10) The Lord Chancellor may make an order under subsection (7), (8) or (9) only on the recommendation of the Board.

(11) If P is a body, references to an employee of P include references to a manager of P.

(12) In subsection (7), "relevant activities", in relation to a person who is or was a member of an independent trade union, means any employment (including self-employment), trade, occupation or other activity to which the person's membership of the trade union relates or related.

16 Offence to carry on reserved legal activity through person not entitled

(1) Where subsection (2) applies it is an offence for a person ("P") to carry on an activity ("the relevant activity") which is a reserved legal activity, despite P being entitled to carry on the relevant activity.

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