What is a Reserved Instrument Activity?
Reserved Legal Activities
The Legal Services Act 2007 states that certain legal services activities can only be carried out by providers that are regulated by approved legal service regulators that are monitored by the Legal Services Board.
These activities are known as reserved instrument activities. Currently, there are six legal services activities that are reserved by the act, they are:
The Exercise of a Right of Audience
The right to appear before and address a court, including the right to call and examine witnesses.
The Conduct of Litigation
The issuing of proceedings before any court in England and Wales. The commencing, prosecuting and defending of those proceedings and the performing of any ancillary functions in relation to those proceedings.
Reserved Instrument Activities
Preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002. Making an application or lodging a document for registration under that Act. And preparing any other instrument relating to real or personal estate for the purposes of the law of England and Wales. Or instrument relating to court proceedings in England and Wales.
Preparing any probate papers for the purposes of the law of England and Wales. Or in relation to any proceedings in England and Wales.
Activities which immediately before the day the relevant section of the LSA came into force, was customarily carried on by notaries under the Public Notaries Act 1801
The Administration of Oaths
Anybody who is not authorised to carry out reserved legal activities that do so is likely to face both a fine and a prison sentence.
Non-Reserved Legal Activities
Not all legal services activities are regulated. For example, Will Writing and Estate Administration, Trusts written within a Will, Legal Advice. And Powers of Attorney are all non-reserved activities.
It is therefore very important to make sure the provider of any non-reserved activities that you choose is a member of a self-regulatory body. Holds a minimum of 2 million pounds of professional indemnity cover and offers a transparent fixed fee service along with free initial advice.