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| | “9A | Legal services bodies |
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| | (1) | For the purposes of section 9, a “legal services body” means a body |
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| | (corporate or unincorporate) in respect of which — |
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| | (a) | the management and control condition, and |
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| | (b) | the relevant lawyer condition, |
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| | (2) | The management and control condition is satisfied if— |
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| | (a) | at least 75% of the body’s managers are legally qualified, |
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| | (b) | the proportion of shares in the body held by persons who are |
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| | legally qualified is at least 75%, |
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| | (c) | the proportion of voting rights in the body which persons who |
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| | are legally qualified are entitled to exercise, or control the |
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| | exercise of, is at least 75%, |
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| | (d) | all the persons with an interest in the body who are not legally |
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| | qualified are managers of the body, and |
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| | (e) | all the managers of the body who are not legally qualified are |
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| | individuals approved by the Society as suitable to be |
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| | managers of a recognised body. |
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| | (3) | The Society may by rules under section 9 provide that, in relation to |
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| | specified kinds of bodies, subsection (2) applies as if the references to |
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| | 75% were to such greater percentage as may be specified (and |
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| | different percentages may be specified for different kinds of bodies). |
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| | (4) | The relevant lawyer condition is satisfied in relation to a body if at |
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| | least one manager of the body is— |
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| | (b) | a registered European lawyer, or |
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| | (5) | For that purpose a qualifying body is a body in respect of which— |
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| | (a) | the management and control condition would be satisfied if |
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| | the references in subsection (2) to persons who are legally |
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| | qualified were to persons who are legally qualified by virtue |
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| | of subsection (6)(a) to (c), |
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| | (b) | the relevant lawyer condition is satisfied by virtue of |
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| | subsection (4)(a) or (b), and |
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| | (c) | the services condition is satisfied. |
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| | (6) | For the purposes of this section the following are legally qualified— |
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| | (a) | an authorised person who is an individual; |
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| | (b) | a registered foreign lawyer (within the meaning of section 89 |
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| | of the Courts and Legal Services Act 1990 (c. 41)); |
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| | (c) | a person entitled to pursue professional activities under a |
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| | professional title to which the Directive applies in a state to |
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| | which the Directive applies (other than the title of barrister or |
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| | solicitor in England and Wales); |
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| | (d) | an authorised person which is a body in respect of which— |
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| | (i) | the services condition is satisfied, and |
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| | (ii) | the management and control condition would be |
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| | satisfied if the references in subsection (2) to persons |
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| | who are legally qualified were to persons who are |
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| | legally qualified by virtue of paragraphs (a) to (c); |
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| | (e) | a body which provides professional services such as are |
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| | provided by individuals who are authorised persons or |
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| | lawyers of other jurisdictions, and in respect of which the |
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| | management and control condition would be satisfied if the |
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| | references in subsection (2) to persons who are legally |
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| | qualified were to persons who are legally qualified by virtue |
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| | of paragraphs (a) to (c). |
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| | (7) | For the purposes of this section, the services condition is satisfied in |
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| | relation to a body if the body provides only services which may be |
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| | provided by a recognised body (having regard to rules under section |
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| | (8) | For the purposes of this section— |
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| | “authorised person” has the same meaning as in section 9; |
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| | “the Directive” means Directive 98/5/EC of the European Parliament and |
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| | the Council, to facilitate practice of the profession of lawyer on a |
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| | permanent basis in a Member State other than that in which the |
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| | qualification was obtained; |
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| | “manager”, in relation to a body, has the meaning given by section 9; |
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| | “recognised body” has the same meaning as in section 9; |
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| | “registered European lawyer” has the same meaning as in section 9; |
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| | “shares” has the same meaning as for the purposes of Part 5 of the Legal |
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| | Services Act 2007 (see sections 72 and 109 of that Act); |
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| | “specified” means specified in rules made by the Society; |
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| | | and a person has an interest in a body if the person has an interest in |
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| | the body for the purposes of section 9.”’. |
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| Page 277, line 31 [Schedule 16], after ‘of’ insert ‘— |
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| Page 277, line 33 [Schedule 16], after ‘generally’ insert ‘, or |
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| | (b) | that client, person or trust separately’. |
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| Page 277, line 44 [Schedule 16], after first ‘of’ insert ‘— |
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| Page 277, line 45 [Schedule 16], after ‘generally’ insert ‘, or |
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| | (b) | that client, person or trust, separately’. |
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| Page 280, line 38 [Schedule 16], at end insert ‘, or |
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| | ( ) | a manager of a recognised body who is not legally qualified (within the |
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| | meaning of section 9A) continues to be suitable to be a manager of a |
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| Page 289, line 45 [Schedule 16], leave out sub-paragraph (3). |
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| Page 291, line 16 [Schedule 16], at end insert ‘, and |
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| | ( ) | in paragraph (a), after “revoked” insert “in accordance with rules |
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| Page 292, line 13 [Schedule 16], at end insert ‘and |
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| | ( ) | after that sub-paragraph insert— |
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| | “(4) | This paragraph does not apply to a recognised body which |
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| | holds a licence under Part 5 of the Legal Services Act 2007 |
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| | (alternative business structures).”’. |
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| Page 292, line 22 [Schedule 16], at end insert — |
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| | ‘( ) | in subsection (4), for paragraphs (a) to (d) substitute “to make different |
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| | provision with respect to registered foreign lawyers to the provision |
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| | made with respect to solicitors.”,’. |
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| Page 293, line 9 [Schedule 16], at end insert ‘and— |
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| | (ii) | for paragraphs (a) and (b) substitute “for members of that |
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| | profession to be managers of recognised bodies.”,’. |
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| Page 355, line 44 [Schedule 21], at end insert ‘and, |
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| | (b) | in subsection (6), for “counsel or a solicitor” substitute “a person who, |
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| | for the purposes of the Legal Services Act 2007, is an authorised |
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| | person in relation to an activity which constitutes the exercise of a |
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| | right of audience (within the meaning of that Act)”.’. |
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| Page 371, line 10 [Schedule 22], leave out ‘, 32’. |
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| Page 371, line 26 [Schedule 22], leave out ‘(other than a licensable body)’. |
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| Page 371, line 30 [Schedule 22], leave out paragraph (i) and insert— |
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| | ‘(i) | a person who (having regard to section 15) carries on notarial activities |
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| | through an employee or manager of the person who is within |
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| Page 371, line 36 [Schedule 22], leave out ‘, other than a licensable body’. |
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| Page 371, line 40 [Schedule 22], leave out ‘, other than a licensable body’. |
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| Page 371, line 43 [Schedule 22], leave out paragraph (o) and insert— |
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| | ‘(o) | a person who (having regard to section 15) carries on an activity which |
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| | is a reserved legal activity within paragraph 18(2) of Schedule 5 |
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| | through an employee or manager of the person who is within |
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| Page 371, line 45 [Schedule 22], at end insert— |
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| | ‘() | After the end of the transitional period, any reference in section 9, 9A or 32A |
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| | of, or Schedule 2 or 6 to, the Administration of Justice Act 1985 (c. 61) to an |
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| | authorised person includes a person who is an exempt person— |
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| | (a) | by virtue of paragraph 13 of Schedule 5, in relation to the carrying on |
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| | of an activity which is a notarial activity, or |
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| | (b) | by virtue of paragraph 18 of that Schedule, in relation to the carrying |
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| | on of an activity which is a reserved legal activity within sub- |
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| | paragraph (2) of that paragraph.’. |
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| Page 372, line 2 [Schedule 22], at end insert— |
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| | ‘15A (1) | During the transitional period (within the meaning of paragraph 15), the Law |
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| | Society may make rules to which this sub-paragraph applies only with the |
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| | concurrence of the Lord Chancellor (as well as the Master of the Rolls). |
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| | (2) | Sub-paragraph (1) applies to — |
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| | (a) | rules made under section 9 of the Administration of Justice Act 1985 |
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| | (c. 61) by virtue of subsections (1A), (1C), (2A), (2B) or (2D) of that |
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| | section or section 9A of that Act, and |
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| | (b) | any other rules made under section 9 of that Act, in so far as they apply |
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| | in relation to bodies which have one or more managers who are not |
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| | legally qualified (within the meaning of section 9A of that Act), or |
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| | managers or employees of such bodies. |
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| | 15B(1) | During the relevant period, the legal professional privilege provisions apply to |
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| | (a) | is recognised under section 9 of the 1985 Act, and |
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| | (b) | has one or more managers who are not legally qualified (within the |
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| | meaning of section 9A of that Act), |
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| | | as if the body were a licensed body. |
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| | (2) | Sub-paragraph (1) applies whether or not the legal professional privilege |
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| | provisions have been brought into force for other purposes. |
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| | (3) | The relevant period is the period which— |
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| | (a) | begins when section 9A of the 1985 Act comes into force, and |
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| | (b) | ends when paragraph 7 of Schedule 5 ceases to apply in relation to the |
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| | (4) | The legal professional privilege provisions are— |
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| | (a) | paragraph 36(4) of Schedule 2 to the 1985 Act (as inserted by |
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| | Schedule 16 to this Act), and |
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| | (b) | section 190(3) to (7) of this Act. |
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| | (5) | During the transitional period (within the meaning of paragraph 15), section |
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| | 190(5)(h) (as it applies by virtue of this paragraph) applies as if for “an |
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| | authorised person in relation to an activity which is a reserved legal activity” |
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| | there were substituted “within paragraph 15(1) of Schedule 22”. |
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| | (6) | “The 1985 Act” means the Administration of Justice Act 1985.’. |
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| Page 377 [Schedule 23], leave out lines 27 and 28 and insert ‘, “corporate”.’. |
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| Page 378, line 25 [Schedule 23], leave out ‘(1)(b) and’. |
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| Page 383, line 16 [Schedule 23], leave out ‘Schedule 3’ and insert ‘Schedules 3 and |
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| Page 383 [Schedule 23], leave out line 21. |
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| Page 385, line 10 [Schedule 23], at end insert ‘trade union | section 207’. |
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| | The Bill was read the third time, and passed, with amendments. |
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