MC(23).JOUR/1 - First Day of the 23rd Meeting of the Ministerial Council

This paragraph applies where an application is granted in relation to a reserved legal activity or activities. The Board must recommend to the Lord Chancellor that an order be made designating the applicant as an approved regulator in relation to the reserved legal activity or activities in question. The Board must publish any recommendation made under sub-paragraph (2). The Board must make available to the Lord Chancellor—

Where the Board has received an application under paragraph 20 it may— The Board must publish any notice given by it under sub-paragraph (1)(a) or (b). If the Board does not give the approved regulator a notice under sub-paragraph (1)(a) or (b) within the initial decision period, the application is deemed to have been granted by the Board. The “initial decision period” means the period of 28 days beginning with the day on which the application was received by the Board. The Board may extend the initial decision period— before the end of that period (or if it has previously been extended under this sub-paragraph, that period as so extended). An extension notice— The period specified in the notice under sub-paragraph (6)(a) must end no later than the end of the period of 90 days beginning with the date on which the application was made under paragraph 20.

The Board must, as soon as practicable after the end of the period within which representations under paragraph 23 may be made, publish— Nothing in sub-paragraph (1) operates— A person (“the publisher”) publishing any such material (whether under sub-paragraph (1) or otherwise) must, so far as practicable, exclude any matter which relates to the private affairs of a particular individual the publication of which, in the opinion of the publisher, would or might seriously and prejudicially affect the interests of that individual.

Where an application is granted under paragraph 21(1)(a) or (3), 25(1) or 26(2), the alteration or alterations of the regulatory arrangements to which the application relates are approved. Where a part of an application is granted under paragraph 25(1), the alteration or alterations of the regulatory arrangements to which the part relates are approved. Sub-paragraphs (1) and (2) are without prejudice to the Board's power to give directions under section 32 (power to direct an approved regulator to take steps in certain circumstances, including steps to amend its regulatory arrangements).

A person may— A request under sub-paragraph (1) must be in writing and specify the activity to which it relates. In the case of a request for a section 24 investigation, the activity in respect of which the request is made must be a legal activity.

Before determining whether it is appropriate to hold a section 24 investigation or a section 26 investigation in respect of an activity, the Board may seek the advice of one or both of the following bodies— The OFT or the Consumer Panel must, if its advice is sought, give the Board such advice as it thinks fit, within such reasonable period as the Board may specify. In deciding what advice to give— The OFT or the Consumer Panel may, for the purposes of giving advice under this paragraph, request any person to provide it with such information as may be specified by it.

This paragraph applies where the Board has given notice under paragraph 9(2) of— in respect of an activity. The Board must within the investigation period— A provisional report is a report stating— A provisional report must also state the Board’s reasons for it being, or not being, minded to make the recommendation in question.

The Board may make rules governing the making to the Board of oral and written representations in respect of provisional reports. Rules under sub-paragraph (1) may (among other things) include— The Board must exercise the power conferred by sub-paragraph (1) to make provision— An “affected practitioner” is a person carrying on the activity in respect of which the investigation is being held.

The Board may pay such costs of a person as the Board considers reasonable for the purpose of facilitating the giving of oral evidence or the making of oral representations, by or on behalf of that person, in accordance with rules made under this Schedule.

The licensing rules must require licensed bodies to pay periodical fees to the licensing authority. The rules may provide for the payment of different fees by different descriptions of licensed body.

Licensing rules must make the following provision. The licensing authority may suspend or revoke a licensed body’s licence under section 101 in the following cases. The first case is that the licensed body becomes a body which is not a licensable body. The second case is that the licensed body fails to comply with licensing rules made under paragraph 16 (carrying on of licensed activities). The third case is that— The fourth case is that a non-authorised person subject to the duty in section 90 in relation to the licensed body fails to comply with that duty. The fifth case is that the licensed body, or a manager or employee of the licensed body, fails to comply with the duties imposed by section 176. The sixth case is that— The seventh case is that the licensed body is unable to comply with licensing rules made under— Before suspending or revoking a licence in accordance with sub-paragraph (2), the licensing authority must give the licensed body notice of its intention. The licensing authority may not suspend or revoke the licence before the end of the period of 28 days beginning with the day on which the notice is given to the licensed body (or any longer period specified in the notice).

The holding by a non-authorised person of a restricted interest in a licensed body is subject to the approval of the relevant licensing authority in accordance with the provisions of this Schedule. In relation to a licensed body which is a partnership, for the purposes of section 34 of the Partnership Act 1890 (c. 39) (dissolution by illegality) the holding by a non-authorised person of a restricted interest in the body without the approval of the relevant licensing authority does not make it unlawful for the business of the partnership to be carried on, or for the partners to carry it on in partnership.

For the purposes of this Schedule, a person holds a controlled interest in a body (“B”) if the person— For the purposes of sub-paragraph (1) “the person” means— In sub-paragraph (1), “x” means such percentage as may be specified in licensing rules made by the relevant licensing authority under paragraph 2(2). Licensing rules made under paragraph 2(2) may specify more than one percentage. Any percentage specified by licensing rules made under paragraph 2(2) must be greater than— For the purposes of this Schedule—

This paragraph applies if a person (“P”) holds a kind of restricted interest in a body (“B”) by virtue of— If the relevant licensing authority approves P’s holding of that interest, it is to be treated as also approving P’s holding of any lesser restricted interest in B held by P. A lesser restricted interest is a kind of restricted interest held by P by virtue of—

A licensing authority may require a non-authorised person identified to it in accordance with paragraph 10 or 12 to provide it with such documents and information as it may require. It is an offence for a person who is required to provide information or documents under sub-paragraph (1) knowingly to provide false or misleading information or documents. A person who is guilty of an offence under sub-paragraph (2) is liable—

If the licensing authority is not satisfied that the approval requirements are met in relation to the investor’s holding of the notified interest, it may approve the investor’s holding of the notified interest subject to conditions. It may do so only if it considers that, if the conditions are complied with, it will be appropriate for the investor to hold the notified interest without the approval requirements being met. If the licensing authority proposes to approve the investor’s holding of the notified interest subject to conditions it must give the investor and the applicant a warning notice. The warning notice must— The licensing authority must consider any representations made within the prescribed period. If the licensing authority approves the investor’s holding of the notified interest subject to conditions, it must notify the investor and the applicant of its approval as soon as reasonably practicable. The notice must—

The relevant licensing authority may object to a person’s holding of a restricted interest in a licensed body (or a restricted interest of a particular kind) if— The licensing authority may act under sub-paragraph (1) only before the end of such period (beginning with the time when the licensing authority becomes aware of the matters in question) as may be prescribed. If the licensing authority proposes to object to a person’s holding of the restricted interest, it must give the person and the licensed body a warning notice. But the licensing authority may object to the person’s holding of the restricted interest without giving a warning notice if it considers it necessary or desirable to do so for the purpose of protecting any of the regulatory objectives. The warning notice must— The licensing authority must consider any representations made within the prescribed period. If the licensing authority objects to the person’s holding of the restricted interest, it must notify the person and the licensed body of its objection as soon as reasonably practicable. The notice must—

A member of the OLC is to hold and vacate office in accordance with the terms and conditions of the member’s appointment (subject to this Schedule).

Paragraphs 4 to 12 of Schedule 4 (consultation requirements etc in relation to applications for designation as approved regulator) apply in relation to an application under paragraph 3 as they apply in relation to an application under paragraph 3 of that Schedule, but as if—

Where a qualifying regulator— it also ceases to be a qualifying regulator. But sub-paragraph (1) is without prejudice to a body’s ability to make a further application under paragraph 3. If a body in the list in paragraph 2 ceases to be a qualifying regulator by virtue of sub-paragraph (1), the Lord Chancellor must, by order, remove it from that list.

In section 147 of the County Courts Act 1984 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.

In section 15 of the Prosecution of Offences Act 1985 (interpretation), in subsection (1), in the definition of “legal representative” for “an authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.

The Building Societies Act 1986 is amended in accordance with paragraphs 70 to 72.

The Copyright, Designs and Patents Act 1988 is amended in accordance with paragraphs 76 to 80.

The Courts and Legal Services Act 1990 is amended in accordance with paragraphs 84 to 101.

The Trade Union and Labour Relations Consolidation Act 1992 is amended in accordance with paragraphs 105 to 107.

This paragraph applies where, by virtue of an amendment made to an enactment by this Act, a function of the Secretary of State is transferred to the Lord Chancellor. In this paragraph such a function is referred to as a “transferred function”. Any subordinate legislation made by the Secretary of State in exercise of a transferred function is to have effect as if made or done by the Lord Chancellor. So far as is appropriate in consequence of the transfer, anything else done by the Secretary of State in exercise of a transferred function is to be treated as if done by the Lord Chancellor.

Before determining whether it is appropriate to hold a section 24 investigation or a section 26 investigation in respect of an activity the Board may also seek the advice of the Lord Chief Justice. If the Board has sought advice under paragraph 5, the Board may not seek advice from the Lord Chief Justice until— If advice is sought under sub-paragraph (1), the Lord Chief Justice— In deciding what advice to give, the Lord Chief Justice must, in particular, have regard to the likely impact on the courts in England and Wales of the making of an order under section 24 or (as the case may be) provision in accordance with a recommendation under section 26, in respect of the activity in question.

For the purpose of making a decision under paragraph 16(1)(a) or (b), the Board must, after publication of a provisional report, determine if and to what extent further evidence should be heard or received. The Board may make rules governing the giving of such evidence. Rules under sub-paragraph (2) may (among other things) include—

Licensing rules may make provision about other circumstances in which the licensing authority may exercise its power under section 101 to suspend or revoke a licence.

The investor and the applicant may before the end of the prescribed period appeal to the relevant appellate body against the imposition of any or all of the conditions. The relevant appellate body may dismiss the appeal, or allow the appeal and— A party to the appeal may before the end of the prescribed period appeal to the High Court on a point of law arising from the decision of the relevant appellant body, but only with the permission of the High Court. The High Court may make such order as it thinks fit. If the investor’s holding of the notified interest is subject to conditions as a result of an order made on an appeal under this paragraph, for the purposes of this Schedule the conditions are to be treated as having been imposed under paragraph 17.

The person and the licensed body may before the end of the prescribed period appeal to the relevant appellate body against the objection. The relevant appellate body may dismiss or allow the appeal. If the relevant appellate body allows the appeal it may also— A party to the appeal may before the end of the prescribed period appeal to the High Court on a point of law arising from the decision of the relevant appellant body, but only with the permission of the High Court. The High Court may make such order as it thinks fit. If the person’s holding of the restricted interest is subject to conditions as a result of an order made on an appeal under this paragraph, for the purposes of this Schedule the conditions are to be treated as having been imposed under paragraph 33.

A member of the OLC must be appointed for a fixed period. The period for which a member is appointed must not exceed 5 years. A person who has held office as a member may be re-appointed once only, for a further period (whether consecutive or not) not exceeding 5 years.

In section 52 (powers to obtain information and documents etc)—

In section 276 (persons entitled to describe themselves as patent agents)—

Omit the following provisions—

In section 194 (offence of failure to notify), in subsection (2) omit “, although not of counsel or a solicitor,”.

The Board must consider, and publish, any advice given under paragraph 5 or 6. Nothing in this paragraph operates to prevent a person who gives such advice from publishing it.

The Board must, so far as is reasonably practicable, consider—

Licensing rules must make provision about the criteria and procedure the licensing authority will apply in deciding whether to suspend or revoke a licence, or to end the suspension of a licence, under section 101. They must make provision for a review by the licensing authority of a decision by the licensing authority to suspend or revoke a licence.

If a member of the OLC who is a lay person becomes a person within paragraph (a) to (e) of paragraph 2(3), that person ceases to be a member of the OLC.

In section 67 (directors, etc, not to accept commission in connection with loans), in subsection (7), in the definition of “solicitor” for “licensed conveyancer” substitute “any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act)”.

In section 280 (privilege for communications with patent agents)—

In section 31B (advocates and litigators employed by Legal Services Commission)—

In section 216 (constitution and proceedings of court of inquiry)—

A member may at any time— The Board may not under sub-paragraph (1)(b) remove a member (including the chairman) from office unless the Board is satisfied that the member— The chairman may be removed from office under sub-paragraph (1)(b) only with the consent of the Lord Chancellor. The Board must consult the chairman before removing a member (other than the chairman) under sub-paragraph (1)(b). The Board may not remove an ordinary member on the ground mentioned in paragraph (a) of sub-paragraph (2) more than 3 months after the end of the period mentioned in that paragraph.

In section 69 (disclosure and record of income of related businesses), in subsection (17), in the definition of “solicitor” for “licensed conveyancer” to the end substitute “any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved instrument activity (within the meaning of that Act).”

In section 281 (power of comptroller to refuse to deal with certain agents) in subsection (2) for “agents” (in both places) substitute “attorneys”.

In section 31C (change of authorised body)—

In section 288 (restriction on contracting out), in subsection (4B)(a) for “a barrister” (in the first place) to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and”.

The chairman ceases to be chairman upon ceasing to be a member of the OLC.

In section 286 (interpretation)—

Omit sections 34 to 52 (extension of conveyancing services).

Omit section 292 (rights and duties of registered patent agents in relation to proceedings in patent county courts).

Omit sections 54 and 55 (preparation of probate papers etc).

In section 60 (regulation of right of Scottish and Northern Ireland lawyers to practise in England and Wales)—

After that section insert—

Omit section 63 (legal professional privilege).

Omit section 69 (exemption from liability for damages etc).

Omit section 70 (offences).

In section 71 (qualification for judicial and certain other appointments)—

In section 75 (judges etc barred from legal practice), after paragraph (b) insert—.

Omit section 113 (administration of oaths and taking of affidavits).

Section 119 (interpretation) is amended as follows. In subsection (1) omit the following definitions— “authorised advocate” “authorised body” and “appropriate authorised body” “authorised litigator” “authorised practitioner” “Consultative Panel” “duly certificated notary public” “the general principle” “qualified person” “the statutory objective”. “court” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act); “qualification regulations” and “conduct rules”, in relation to a body, have the same meaning as in the Legal Services Act 2007 (see section 21 of that Act); In that subsection, in the definition of “right to conduct litigation”— In subsection (3) for from “(including” to the end substitute “to conduct rules includes a reference to practice rules (within the meaning of the Legal Services Act 2007 (see section 21 of that Act)).”

In section 120 (regulations and orders) omit—

In section 125 (power to make provision consequential on provision made by Part 2 of Administration of Justice Act 1985 etc)—

Omit the following provisions—

In paragraph 17 of Schedule 19 (revocation of appointment under section 1(1) of the Commissioners for Oaths Act 1889) for “Secretary of State” substitute “Lord Chancellor”.

The chairman and other ordinary members are to be paid by the Board in accordance with provision made by or under their terms of appointment.

The Board may establish committees. Any committee so established may establish sub-committees. Only members of the Board may be members of a committee or sub-committee. A majority of the members of a committee or sub-committee must be lay persons.

The Board is not to borrow money, except—

The application of the seal of the Board is to be authenticated by the signature of any member of the Board, or of its staff, who has been authorised (whether generally or specifically) by the Board for the purpose.

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ The Legal Services Board. ”

A “right of audience” means the right to appear before and address a court, including the right to call and examine witnesses. But a “right of audience” does not include a right to appear before or address a court, or to call or examine witnesses, in relation to any particular court or in relation to particular proceedings, if immediately before the appointed day no restriction was placed on the persons entitled to exercise that right.

“Probate activities” means preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales. In this paragraph “probate papers” means papers on which to found or oppose—

This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes reserved instrument activities (subject to paragraph 7). The person is exempt if the person prepares the instruments or applications in the course of the person's duty as a public officer. The person (“E”) is exempt if— For the purposes of sub-paragraph (3), P and E are connected if— If the person is an accredited person, the person is exempt to the extent that the activity consists of the preparation of any instrument— In sub-paragraph (5) “accredited person” means a person who is— The person is exempt to the extent that the activity carried on by the person is also a reserved legal activity within sub-paragraph (8) and the person is— The activities are— The person is exempt if the person is employed merely to engross the instrument or application. The person is exempt if the person is an individual who carries on the activity otherwise than for, or in expectation of, any fee, gain or reward. The person is exempt if—

This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes the administration of oaths (subject to paragraph 7). The person is exempt if the person is not an authorised person in relation to that activity under this Act, but is authorised to carry on that activity by or by virtue of any other enactment. The person is exempt if the person has a commission under section 1(1) of the Commissioners for Oaths Act 1889 (c. 10).

The Lord Chancellor may, by order, amend this Schedule so as to provide— The Lord Chancellor may make an order under sub-paragraph (1) only on the recommendation of the Board.

A licensable body may apply to the Board for a decision that the body is entitled to make an application for a licence to the Board acting in its capacity as a licensing authority. An application under sub-paragraph (1) may be made only on one of the grounds specified in this paragraph. The first ground is that— The second ground is that— The third ground applies only in relation to a licensable body within sub-paragraph (6), and is that— The licensable bodies within this sub-paragraph are—

In this Schedule references to the Board, unless otherwise stated, are to the Board acting otherwise than in its capacity as a licensing authority or an approved regulator.

“Suitable regulatory arrangements”, in relation to a licensable body and a competent licensing authority, means regulatory arrangements which are suitable in relation to the licensable body, having regard to— The matters are— In sub-paragraph (2)—

In this Part of this Schedule “designation order” means an order made under section 86A(6) of the Immigration and Asylum Act 1999 (c. 33) (designated qualifying regulators entitled to authorise persons to provide immigration advice and immigration services).

The terms of appointment of the chairman or any other ordinary member may provide for the Board to pay, or make payments towards the provision of, a pension, allowance or gratuity to or in respect of that person.

Any contract or instrument which, if entered into or executed by an individual, would not need to be under seal may be entered into or executed on behalf of the Board by any person who has been authorised (whether generally or specifically) by the Board for the purpose.

If the Lord Chancellor thinks there are circumstances that make it right for a person ceasing to hold office as chairman or another ordinary member to receive compensation, the Board may pay that person such compensation as the Lord Chancellor may determine.

A document purporting to be duly executed under the seal of the Board or signed on its behalf—

During the transitional period, every registered trade mark attorney is deemed to be authorised by the Institute of Trade Mark Attorneys to carry on reserved instrument activities. During that period, every authorised trade mark attorney is deemed to be authorised by the Institute of Trade Mark Attorneys to administer oaths. During that period, every trade mark attorney body is deemed to be authorised by the Institute of Trade Mark Attorneys to carry on the activities in sub-paragraph (4). Those activities are any activities which are reserved legal activities within sub-paragraph (5) and which— Those activities are— The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in accordance with and subject to the regulatory arrangements of the Institute of Trade Mark Attorneys. In this paragraph—

For the purposes of this Part of this Act, a person holds a material interest in a body (“B”) if the person— Licensing rules made by the relevant licensing authority may provide— For the purposes of sub-paragraph (1) “the person” means— For the purposes of this Schedule, material interests held by virtue of different paragraphs of sub-paragraph (1) are restricted interests of different kinds.

For the purposes of this Schedule, the approval requirements are met in relation to a person’s holding of a restricted interest if— This sub-paragraph applies to any employee or manager of the licensed body who is an authorised person in relation to an activity which is a reserved legal activity. In determining whether it is satisfied of the matters mentioned in sub-paragraph (1)(a) to (c), the licensing authority must in particular have regard to— Licensing rules must make provision about the procedures that will be applied by the licensing authority when determining whether it is satisfied of the matters mentioned in sub-paragraph (1)(a) to (c).

The Lord Chancellor may, on the recommendation of the Board, by order modify—

If the licensed body is a trustee of any trust, the licensing authority may apply to the High Court for an order for the appointment of a new trustee in substitution for it. If a person who is a manager or employee of the licensed body is a trustee of any trust in that person’s capacity as such a manager or employee, the licensing authority may apply to the High Court for an order for the appointment of a new trustee in substitution for that person. The Trustee Act 1925 (c. 19) has effect in relation to an appointment of a new trustee under this paragraph as it has effect in relation to an appointment under section 41 of that Act.

In section 63 of the Youth Justice and Criminal Evidence Act 1999 (general interpretation etc of Part 2), in subsection (1), in the definition of “legal representative” for “any authorised advocate” to the end substitute “a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);”.

Sub-paragraph (2) applies where during the pre-commencement period— The Lord Chancellor may by order modify the Table in paragraph 1 of Schedule 4 (existing regulators) so as— Sub-paragraph (4) applies where during the pre-commencement period— The Lord Chancellor may by order modify the Table in paragraph 1 of Schedule 4 so as to— An order under sub-paragraph (2) in relation to a body may— An order under sub-paragraph (4) in relation to a body may— No order under this paragraph may be made after the end of the pre-commencement period. In this paragraph—

The Lord Chancellor may appoint a person as the Interim Chief Executive of the OLC. The Interim Chief Executive is to be— Appointment as the Interim Chief Executive does not confer the status of Crown servant. In this paragraph— The Interim Chief Executive may incur expenditure and do other things in the name of and on behalf of the OLC— The things which may be done under sub-paragraph (5)— During the first interim period, the Interim Chief Executive must comply with any supervisory directions given by the Lord Chancellor. During the second interim period, the Interim Chief Executive must comply with any supervisory directions given by the Board. The supervisory directions are— Paragraph 34 of Schedule 15 (exemption from liability in damages) applies to the Interim Chief Executive as it applies to a member of the OLC.

During the transitional period, every registered patent attorney is deemed to be authorised by the Chartered Institute of Patent Attorneys to carry on reserved instrument activities. During that period, every authorised patent attorney is deemed to be authorised by the Chartered Institute of Patent Attorneys to administer oaths. During that period, every patent attorney body is deemed to be authorised by the Chartered Institute of Patent Attorneys to carry on the activities in sub-paragraph (4). Those activities are any activities which are reserved legal activities within sub-paragraph (5) and which— Those activities are— The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in accordance with and subject to the regulatory arrangements of the Chartered Institute of Patent Attorneys. In this paragraph— and, in the case of a patent attorney body to which section 276(4) of that Act applies, the reference in sub-paragraph (4)(b) to a director includes a reference to the manager (within the meaning of section 276(4) of that Act) of the company.

This paragraph applies where— The Board may refuse the request only if— The consultation requirements are— The consent requirement is that—

“The investigation period” means the period of 12 months beginning with the day on which the notice was given under paragraph 9(2). The Board may, before the end of the investigation period, issue a notice extending that period by a period specified in the notice. More than one notice may be issued under sub-paragraph (2) but the total investigation period must not exceed 16 months. The Board may issue a notice under sub-paragraph (2) only after it has consulted— A notice under sub-paragraph (2) must state the Board’s reasons for extending the investigation period. The Board must publish any notice issued under sub-paragraph (2).

This paragraph applies where an application is granted in relation to a reserved legal activity or activities. The Board must recommend to the Lord Chancellor that an order be made designating the applicant as a licensing authority in relation to the reserved legal activity or activities in question. The Board must publish any recommendation made under sub-paragraph (2). The Board must make available to the Lord Chancellor—

After complying with paragraph 18, the Board must give each of the persons listed in sub-paragraph (2)— Those persons are— In this Part of this Schedule, in relation to a proposed recommendation, “selected consultee” means a person within sub-paragraph (2)(d).

A selected consultee may give the Board such advice as the selected consultee thinks fit in respect of the proposed recommendation.

The Board must— The licensing authority and any body within sub-paragraph (3) may make to the Board— about the advice. A body is within this sub-paragraph if it represents licensed bodies authorised by the licensing authority to carry on activities which are reserved legal activities. The Board may allow any other person to make written or oral representations about the advice. The Board may make rules governing the making to the Board of written or oral representations. Representations under this paragraph must be made within— Where oral representations are made, the Board must prepare a report of those representations. Before preparing that report, the Board must— The Board must, as soon as reasonably practicable after the end of the period within which representations under this paragraph may be made, publish any written representations duly made and the report (if any) prepared under sub-paragraph (7).

Licensing rules must make provision for review by the licensing authority of—

Licensing rules must make provision about the form and manner in which applications are to be made for modification of the terms of a licence under section 86, and the fee (if any) which is to accompany the application. They may make provision as to the circumstances in which the licensing authority may modify the terms of a licence under section 86 without an application being made. They must make provision for review by the licensing authority of—

This paragraph applies in relation to a licensed body, or a parent undertaking of a licensed body, if licensing rules made by the relevant licensing authority make the provision mentioned in paragraph 38(1)(a) or (b) in relation to the body. Any non-authorised person who acquires— must notify the body (and, if the body is a parent undertaking of a licensed body, the licensed body) and the licensing authority of the acquisition within such period, after the person becomes aware of it, as may be specified by order made by the Lord Chancellor on the recommendation of the Board. It is an offence for a person to fail to comply with a requirement imposed by sub-paragraph (2). A person who is guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. It is a defence for a person charged with an offence under sub-paragraph (3) to show that at the time of the alleged offence the person had no knowledge of the facts by virtue of which the duty to notify arose.

The OLC is to consist of the following members— The Lord Chancellor may by order amend sub-paragraph (1) by substituting, for the limit on the maximum number of persons for the time being specified in paragraph (b) of that sub-paragraph, a different limit.

During the transitional period registered patent attorneys are to continue to have the rights conferred by section 102A(2) of the Patents Act 1977 (c. 37) and section 292 of the Copyright, Designs and Patents Act 1988 (c. 48). In this paragraph “registered patent attorney” has the same meaning as in paragraph 14.

This paragraph applies if a person under the duty to notify imposed by paragraph 39(2)— The person must give the body (and, if the body is a parent undertaking of a licensed body, the licensed body) and the licensing authority the required notification within such period, after the person becomes so aware, as may be specified by order made by the Lord Chancellor on the recommendation of the Board. A person who fails to comply with the duty to notify imposed by sub-paragraph (2) is guilty of an offence. A person who is guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In appointing members of the OLC, the Board must ensure that a majority of the members of the OLC are lay persons. The chairman must be a lay person. In this Schedule a reference to a “lay person” is a reference to a person who has never been— For the purposes of sub-paragraph (3), a person is deemed to have been an authorised person in relation to an activity which is a reserved legal activity if that person has before the appointed day been— For the purpose of sub-paragraph (4)—

An ombudsman may be a member (but not chairman) of the OLC. In appointing members of the OLC, the Board must ensure that a majority of the members of the OLC are not ombudsmen.

In appointing members of the OLC, the Board must have regard to the desirability of securing that the OLC includes members who (between them) have experience in or knowledge of—