Approving New Regulators

There are two sorts of bodies which may apply for approval as a new Approved Regulator.

These are:
• existing Approved Regulators that wish to extend their range of reserved legal activities; and
• new bodies who wish to become an Approved Regulator for the first time.

If you are considering submitting an application, the information below and the rules themselves will provide you with the framework for submitting and considering applications.

Given the new arrangements, we believe that early conversations between us and potential applicants will be beneficial.

If you would like to find out more about the process or discuss a prospective application, please contact Chris Handford or Emily Lyn.

Existing Approved Regulators adding Reserved Legal Activities

Existing Approved Regulators can apply to the LSB for approval to add to the range of reserved legal activities that they can regulate.

This may happen if an Approved Regulator wishes to expand the range of activities that it wants to regulate into another reserved legal activity currently specified in the Act. Another situation would be where we recommend and the Lord Chancellor agrees to extend the scope of reserved legal activities to cover additional areas of legal activity and an Approved Regulator wishes to expand the range of activities that it regulates to cover these newly created reserved legal activities.

New Approved Regulators

The Act provides that new bodies may become Approved Regulators either to regulate reserved legal activities in the context of Part 4 of the Act or become a licensing authority for ABS under the terms of Part 5 of the Act.

The role of the LSB

Our role is to manage entry and ensure that overall standards are maintained in accordance with the Regulatory Objectives. When making decisions, we will consider the overall structure of regulation, implications for the market and consumer protection.

In order to consider applications from either new bodies or existing Approved Regulators that are looking to regulate activities which are currently not reserved, we will need to have a broad understanding of the full implications for consumers and any impact on the Regulatory Objectives. Our draft Business Plan for 2010/11 therefore sets out our intention to consider the status of unreserved activities in the context of a full examination of consumer needs, risks and benefits.

Rules

The rules for Approved Regulator Designation Applications set out the requirements for applications and explain the process by which applications will be dealt with.

Application Process

A Process map, setting out the overall process for approval of new ARs.

The rules state clearly that we will only consider applications that are deemed complete. The requirements for what needs to be included in an application will depend on whether the application is being made by an existing Approved Regulator (for approval to add to the range of reserved legal activities that they can regulate) or a new body wishing to become an Approved Regulator.

For information on what must be included in an application, please refer to the rules.

Applicants will need to submit a well constructed and supported application that demonstrates compliance with the rules in order for it to be considered and approved. This must include evidence of thorough consultation, including explanation and analysis of the issues raised and how they have been addressed in the application.

Prescribed Fee

The Prescribed Fee that must accompany an application will depend on the type of application being made. The different levels of the Prescribed Fee and details of the payment process are set out in the rules.

Sending the application

Completed applications (and proof of transmission of the Prescribed Fee) should be submitted to the LSB either by email, post or courier to the relevant address shown below:
If by email to: schedule4approvals@legalservicesboard.org.uk
If by post or courier to:

Address: Legal Services Board
7th Floor Victoria House
Southampton Row
London
WC1B 4AD

For the attention of: AR Designations Administrator

Please note that in order to ensure full transparency, all applications will be published on our website. It is the responsibility of the applicant to explicitly advise whether any information contained within the application is commercially sensitive, and should therefore not be published.