ITMA and CIPA welcome Royal Assent of the Legal Services Bill

The Legal Services Bill dramatically overhauls the way that the legal profession is regulated in England and Wales.  It creates a new Legal Services Board as the over-arching regulator of the industry, establishes an Office of Legal Complaints (OLC) and opens up the market to the provision of legal services by other business structures. 

Following a lengthy Parliamentary process of almost twelve months, the Bill achieved Royal Assent today, entering the statute book as the Legal Services Act. 

Debate on the Bill has been controversial, with a significant number of changes made to the original draft.  After pressure from opposition parties the Government has made a number of concessions within the Bill.  These include amendments to ensure that costs for regulators to the OLC be waived where complaints are unfounded and amendments conceded in the final stage by the Government which prevent the arbitrary use of power by the Legal Services Board in relation to an approved regulator.  Both these issues were points which were specifically raised by the Institutes in their discussions with MPs and Ministers over the last year.

Commenting on the proceedings in Parliament, Philip Harris, President of the Institute of Trade Mark Attorneys (ITMA) added:

“The passage of the Bill has ensured that there has been an informed and constructive debate on the details of the new regulatory system.  I am grateful to all the Parliamentarians who engaged so positively with our Institutes and recognised the specific concerns and views of two of the smaller regulators.  We welcome the assurances that have been given that the new regime will be light-touch and proportionate, ensuring the protection of consumers is paramount but that costs and regulations do not become over burdensome to professionals.  We very much look forward to seeing this translated into practice when the new regime is up and running in 2010.” 

In relation to the final passage of the Bill, President of the Chartered Institute of Patent Attorneys, Robert Weston said:

“I am thoroughly pleased to see the completion of the Legal Services Bill.  This marks an historic shift in the legal services environment which we fully support and welcome.  We look forward to our role as frontline regulators for patent attorneys within the new system.”

NOTES FOR EDITORS

1. The Institute of Trade Mark Attorneys (ITMA) was established in 1934 as the professional body representing those persons qualified to act for the owners of trade mark and allied intellectual property rights (in particular, registered designs) both nationally and internationally. It now represents the vast majority of UK registered trade mark agents and all UK Trade Mark & Design Litigators.

2. Currently ITMA has approximately 500 practising members; it also extends associate membership to professionals in related fields of law and overseas membership to foreign trade mark attorneys. Its total membership (all classes) is about 1600 members, primarily located in the United Kingdom and Europe, but also in more than 50 other countries.

3. ITMA is regularly consulted by UK government and by international bodies when questions affecting trade mark and allied intellectual property rights arise. It has regular meetings with the UK Intellectual Property Office, the Community Trade Marks Office (OHIM), the World Intellectual Property Organisation (WIPO) and other sister organisations in Europe and beyond. For more information visit www.itma.org.uk.

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