Are we criminals?

Why isn’t our appeals work caught by the reservation at Section 12 of the Legal Services Act 2007?

There is an obvious distinction as the Tribunal Procedure Rules grant an appellant the right to nominate anybody as their rep (as do the Employment Tribunal Rules which is where this query arises from) but where is it written that Tribunal proceedings are not caught by the reserved activities in the LSA?

I note that litigation is defined at schedule 2 and I suspect the answer may lie in para 4(2) of that schedule but I would like a second opinion.

Ta