SCHEDULES

SCHEDULE 3Exempt persons

Conduct of litigation

2

1

This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes the conduct of litigation in relation to any proceedings (subject to paragraph 7).

2

The person is exempt if the person—

a

is not an authorised person in relation to that activity, but

b

has a right to conduct litigation granted by a court in relation to those proceedings.

3

The person is exempt if the person—

a

is not an authorised person in relation to that activity, but

b

has a right to conduct litigation in relation to those proceedings granted by or under any enactment.

4

The person is exempt if the person—

a

is a party to those proceedings, and

b

would have a right to conduct the litigation, in the person's capacity as such a party, if this Act had not been passed.

5

The person is an exempt person in relation to any activity which is carried on in or in connection with proceedings on an appeal from the Comptroller-General of Patents, Designs and Trade Marks to the Patents Court under the Patents Act 1977 (c. 37), if the person is a solicitor of the Court of Judicature of Northern Ireland.