Legal Services Board

The Legal Services Board (LSB) is the independent body responsible for overseeing the regulation of lawyers in England and Wales. It is a non-departmental public body sponsored by the Ministry of Justice. Its costs are met entirely by a levy on legal practitioners. The LSB is both politically and financially independent of the government.

Statutory basis

The LSB was created by the Legal Services Act of 2007 and sits at the apex of the regulatory system for legal services in England and Wales. It has a duty to promote eight regulatory objectives defined under that Act:[1][2]

The professional principles are:[2]

Supervision of regulators

The LSB provides oversight regulation of the eight "approved regulators named in the Legal Services Act 2007 (LSA 2007).

These bodies directly regulate the 166,853 practicing lawyers in England and Wales as of 1 April 2014 which breaks down to 138,243 solicitors, 15,279 barristers, 7,927 chartered legal executives and 5,404 other individuals operating in other areas of the legal profession such as conveyancing.

These approved regulators are:

The LSB has the power to recommend to the Lord Chancellor that he approve further " approved regulators.[1]:s.20/ Sch.2, Pt.2 This means that new bodies can apply to the LSB to become frontline regulators of parts of the legal profession. As a result of the LSA 2007 coming into force, all changes to these bodies' internal professional regulatory arrangements must be approved by the LSB.[1]:s.20/ Sch.3, Pt.3[2]

Approved regulators also have a duty to promote the regulatory objectives.[1]:s.28

If they fail to do so, or if they fail to comply with the 2007 Act, the LSB can:[2]

Under Section 51 to 54 the LSB has a duty to regulate practicing fees, resolve regulatory conflicts, and work with Competition and Markets Authority) and Lord Chancellor on competition issues.[2]

Consumer Panel

On 11 November 2009, the LSB launched the Legal Services Consumer Panel. The Panel operates independently of the LSB and represents the interests of both individual and business consumers in the LSB’s work to oversee the regulation of lawyers. The establishment of the Panel was a statutory requirement of the Legal Services Act 2007.

Members of the Panel are appointed by the LSB with the approval of Lord Chancellor. The Panel’s inaugural Chair, Dr. Dianne Hayter, was appointed in 2009. She stood down due to ongoing commitments in the House of Lords. She was succeeded in August 2011 by the current chair, Elizabeth Davies who is currently a Director at Arthritis Care.

The Panel examines issues of importance to legal services consumers and advises the LSB in its work overseeing the frontline regulators. The Panel publishes this advice. Should the LSB fail to agree with such advice, it is required to publish a written statement outlining its reasons.

References

  1. 1 2 3 4 UK Parliament. Legal Services Act 2007 as amended (see also enacted form), from legislation.gov.uk.
  2. 1 2 3 4 5 "Explanatory Notes to Legal Services Act 2007". legislation.gov.uk. The National Archives. 30 October 2007. Retrieved 2008-03-03.
  3. Legal Services Act 2007, ss.41-44
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