Background Part 1 – Regulatory Framework Exercise of the acquired rights Section 29 – Exercise of rights to provide legal services
90.This section provides that where an accredited regulator has given effect to a draft regulatory scheme and applied it as its regulatory scheme under section 28(7), a legal services provider may be authorised by the regulator to exercise the right or rights to provide legal services specified and described in the scheme. To be authorised, a provider will (among other things) require to be a fit and proper person (see section 24(4)). It also makes provision in connection with, among other things, the exercise of a right of audience.
91.In practical terms, this means that a person who wishes to provide legal services that are regulated by an accredited regulator can apply to the regulator for authorisation to provide those services. This is distinct from persons who wish to be solicitors or advocates and is more likely to relate to specialist areas, for example commercial or employment law.
92.Subsections (3) and (5) to (7) deal with particular rights that arise where the rights being exercised relate to court practice. Subsection (3) preserves the inherent jurisdiction of the court to hear or refuse to hear any person (though it must give reasons if it refuses to do so). Subsection (5) obliges a person with a right of audience to prioritise work before the court over other business and subsections (6) and (7) provide the same protections to an authorised provider in relation to the conduct of litigation as exists for officers of the court.