What are regulated activities?
Some areas of legal work are not reserved legal activities as defined by the Legal Services Act, but they are regulated. This means they can only be carried out by persons who are appropriately authorised. The current regulated activities are immigration, insolvency and claims management.
CILEx is a designated qualifying regulator for the purposes of authorising members of CILEx to carry out immigration services. This does not apply to all members of CILEx, but only those that have been specifically authorised by CILEx Regulation.
There is a new scheme in place for Fellows seeking to provide immigration advice and services. In order to qualify, you must be a Fellow, and successfully demonstrate your competence to become an authorised immigration practitioner. Further details on the application can be found here.
Solicitors and barristers are authorised to provide immigration services. If you are employed by them, you may carry out these services, subject to any restrictions placed on the employer. The Office of the Immigration Services Commissioner (OISC) also authorises immigration service providers. You may apply to be authorised directly by the OISC.
Claims management Companies
The Financial Conduct Authority regulates Claims Management Companies (CMCs). It is an offence to provide this regulated service unless you are authorised or exempt. Chartered Legal Executives/Fellows may be exempt as a ‘legal practitioner’ under 89N of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018, provided the claims management activity is carried on in the ordinary course of legal practice pursuant to the professional rules under which you are subject (CILEx Code of Conduct).
There is an ‘authorisation’ process that a CMC is required to undertake in order for the FCA to grant permission to carry out regulated activities. You can find information on applying to the FCA here.
There are also video guides available to explain FCA regulation here.
Individuals who wish to act as Insolvency Practitioners, must pass a number of examinations, and are then regulated and overseen by various Recognised Professional Bodies (RPBs), which are organisations approved by the Secretary of State for Business, Innovation and Skills. These bodies are able to authorise their members to act as insolvency practitioners.
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