Question to the Ministry of Justice:
To ask the Secretary of State for Justice, which regulatory functions imposed by legislation for which his Department has responsibility are currently undertaken by trade associations; and if he will make a statement.
The Ministry of Justice is responsible for the legislative framework governing the regulation of legal services in England and Wales. However, the direct regulation of the legal profession is independent of Government.
The Legal Services Act 2007 established that the regulation of the legal profession in England and Wales is to be undertaken by approved regulators, such as the General Council of the Bar, the Chartered Institute of Legal Executives and the Law Society of England & Wales, with the oversight of the Legal Services Board. The 2007 Act also requires that an approved regulator’s regulatory functions are exercised independently of its representative functions.
There are also several other Acts of Parliament, such as Solicitors Act 1974 and the Courts and Legal Services Act 1990 which provide these bodies with certain powers, duties and functions to effectively regulate the legal profession.