Reserved activities & regulation
The provision of certain legal activities is restricted to authorised persons. The reserved legal activities and the regulatory architecture created by the Legal Services Act 2007 define who may do what and who regulates them.
What "Reserved activities & regulation" covers
- The Legal Services Act 2007 lists six reserved legal activities: the exercise of a right of audience; the conduct of litigation; reserved instrument activities; probate activities; notarial activities; and the administration of oaths.
- Only an authorised (or exempt) person may carry on a reserved legal activity; doing so otherwise is a criminal offence.
- The Legal Services Board is the oversight regulator; approved regulators (e.g. the Law Society) delegate regulatory functions to independent arms such as the SRA.
- The SRA regulates solicitors and authorised firms, including alternative business structures (ABS) that allow non-lawyer ownership.
- Much legal work (e.g. general legal advice, will drafting) is not reserved and can be done by unregulated providers.
- Practising requires a valid practising certificate; certain roles trigger authorisation requirements.
- The regulatory objectives in s.1 LSA 2007 (e.g. protecting consumers, promoting competition, the public interest) guide the regulators.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For reserved activities & regulation, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Assuming all legal work is reserved - most legal advice and will-writing are not reserved activities.
- Confusing the oversight regulator (LSB) with the front-line regulator (SRA).
- Forgetting that carrying on a reserved activity without authorisation is a criminal offence.
- Overlooking that ABS structures permit non-lawyer ownership and management.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on reserved activities & regulation.
FAQ
Is reserved activities & regulation tested on SQE1?
Yes — reserved activities & regulation is part of the SQE1 Legal Services & Professional Conduct syllabus (FLK1) and can appear in single best answer questions.
How is reserved activities & regulation examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Legal Services Act 2007 (six reserved legal activities), Rights of audience and conduct of litigation) helps.