Regulation and Reserved Activities

Flashcards covering the regulatory role of the SRA, reserved legal activities under the Legal Services Act 2007, and various regulated/unregulated legal service providers for the SQE1 syllabus.

Legal Services Act 2007

The statutory framework containing the regulation of legal services in England and Wales, defining reserved legal activities and creating the Legal Services Board.

Reserved legal activities

Six types of legal work defined in s 12 Legal Services Act 2007 that can only be provided by those who are authorised or exempt.

Legal Services Board (LSB)

The body responsible for overseeing and coordinating the regulation of all lawyers in England and Wales, ensuring standards of regulation by approved regulators.

Exercise of a right of audience

A reserved legal activity meaning the right to appear before and address a court, including the right to call and examine witnesses.

Conduct of litigation

A reserved legal activity comprising the issuing of proceedings before any court in England and Wales, the commencing, prosecuting and defending of those proceedings, and performing ancillary functions.

Reserved instrument activities

Preparing and lodging formal legal documents dealing with the transfer or charge of land (such as a contract for the sale of land) or instruments relating to court proceedings.

Probate activities

A reserved legal activity involving the preparation of probate papers needed to obtain or oppose a grant of probate or letters of administration.

Notarial activities

A reserved legal activity relating to certifying and authenticating certain documents, customarily carried on by notaries.

Administration of oaths

A reserved legal activity involving the power to administer an oath, such as when an affidavit is required to be sworn.

Solicitors Regulation Authority (SRA)

The body that carries out the regulatory function of The Law Society, dealing with authorisation for all reserved legal activities except notarial activities.

Approved regulator

A body approved by the LSB (e.g., SRA, Bar Standards Board) to authorise individuals and firms to carry out specific reserved legal activities.

Authorised person

A person permitted by a relevant approved regulator to carry out a particular reserved legal activity, subject to the regulator's requirements for all legal services they provide.

Exempt person

A person permitted under s 19 Legal Services Act 2007 to carry out reserved legal activities without authorisation, such as a McKenzie friend granted a right of audience by a court.

Bar Standards Board

The approved regulator for barristers, which can authorise all types of reserved legal activity except notarial activities.

CILEx Regulation

The approved regulator for chartered legal executives, who typically work under the supervision of a solicitor.

Council for Licensed Conveyancers

The approved regulator for licensed conveyancers, authorising reserved instrument activities, probate activities, and the administration of oaths.

Intellectual Property Regulation Board

The approved regulator for patent attorneys and trade mark attorneys, authorising all reserved legal activities except probate and notarial activities.

Master of the Faculties

The approved regulator for notaries and the only regulator that can authorise notarial activities.

Unregulated providers

Legal services providers who conduct work outside the areas of reserved legal activities, such as will writing, family law advice, and employment law advice.

Costs Lawyers Standards Board

The approved regulator for costs lawyers, authorising rights of audience, the conduct of litigation, and the administration of oaths.

Public access barrister

A barrister whom a member of the public may instruct directly in certain circumstances, rather than through a solicitor.

McKenzie friend

An individual who may be granted an exemption to exercise a right of audience in a particular case by the court.