Part 4Regulation of approved regulators

Practising fees

I151Control of practising fees charged by approved regulators

1

In this section “practising fee”, in relation to an approved regulator, means a fee payable by a person under the approved regulator's regulatory arrangements in circumstances where the payment of the fee is a condition which must be satisfied for that person to be authorised by the approved regulator to carry on one or more activities which are reserved legal activities.

2

An approved regulator may only apply amounts raised by practising fees for one or more of the permitted purposes.

3

The Board must make rules specifying the permitted purposes.

4

Those rules must, in particular, provide that the following are permitted purposes—

a

the regulation, accreditation, education and training of relevant authorised persons and those wishing to become such persons, including—

i

the maintaining and raising of their professional standards, and

ii

the giving of practical support, and advice about practice management, in relation to practices carried on by such persons;

b

the payment of a levy imposed on the approved regulator under section 173;

c

the participation by the approved regulator in law reform and the legislative process;

d

the provision by relevant authorised persons, and those wishing to become relevant authorised persons, of reserved legal services, immigration advice or immigration services to the public free of charge;

e

the promotion of the protection by law of human rights and fundamental freedoms;

f

the promotion of relations between the approved regulator and relevant national or international bodies, governments or the legal professions of other jurisdictions.

5

A practising fee is payable under the regulatory arrangements of an approved regulator only if the Board has approved the level of the fee.

6

The Board must make rules containing provision—

a

about the form and manner in which applications for approval for the purposes of subsection (5) must be made and the material which must accompany such applications;

b

requiring applicants to have consulted such persons as may be prescribed by the rules in such manner as may be so prescribed before such an application is made;

c

about the procedures and criteria that will be applied by the Board when determining whether to approve the level of a fee for the purposes of subsection (5).

7

Rules under subsection (6)(c) must, in particular, contain—

a

provision requiring the Board, before it determines an application for approval of the level of a fee, to consult such persons as it considers appropriate about the impact of the proposed fee on persons providing non-commercial legal services;

b

provision about the time limit for the determining of an application.

8

In this section “relevant authorised persons”, in relation to an approved regulator, means persons who are authorised by the approved regulator to carry on activities which are reserved legal activities.