Annex 1: Transitional arrangements under paragraph 7(3) of Schedule 5 to the LSA
Tags
ABSsGuidance
Guidance
Legal Disciplinary Practices - GuidanceGuidance: To explain how existing LDPs with non-lawyer managers can remain as recognised bodies or elect to become licensed bodies.
Glossary terms
licensable body
has the meaning given in section 72 of the LSA
recognised body
means a body recognised by the SRA under section 9 of the AJA
SRA
means the Solicitors Regulation Authority
AJA
means the Administration of Justice Act 1985
interest holder
means a person who has an interest or an indirect interest, or holds a material interest, in a body (and "indirect interest" and "interest" have the same meaning as in the LSA), and references to "holds an interest" shall be construed accordingly
manager
means:
- the sole principal in a recognised sole practice;
- a member of a LLP;
- a director of a company;
- a partner in a partnership; or
- in relation to any other body, a member of its governing body
lawyer
means a member of one of the following professions, entitled to practise as such:
- the profession of solicitor, barrister or advocate of the UK;
- an authorised person other than one authorised by the SRA;
- any profession approved by the SRA for RFL status; and
- any other regulated legal profession specified by the SRA for the purpose of this definition
regulatory arrangements
has the meaning given to it by section 21 of the LSA
LSA
means the Legal Services Act 2007
licensed body
means a body licensed by the SRA under section 71(2) of the LSA in accordance with the SRA Authorisation of Firms Rules
lawyer of England and Wales
means:
- a solicitor; or
- an individual who is authorised to carry on legal activities in England and Wales by an approved regulator other than the SRA, but excludes an individual registered with the Bar Standards Board under the European Communities (Lawyer’s Practice) Regulations 2000
RFL
means a foreign lawyer registered in the register of foreign lawyers
director
means a director of a company; and in relation to a societas Europaea includes:
- in a two-tier system, a member of the management organ and a member of the supervisory organ; and
- in a one-tier system, a member of the administrative organ
company
means a company incorporated in a state to which the Establishment of Lawyers Directive 98/5/EC applies and registered under the Companies Acts or a societas Europaea
voting rights
in a body includes the right to vote in a partners', members', directors' or shareholders' meeting, or otherwise in relation to the body, and "control the exercise of voting rights" shall be interpreted as including de facto as well as legal control over such rights.
person
includes a body of persons (corporate or unincorporated)
partnership
means a body that is not a body corporate in which persons are, or are held out as, partners
LLP
means a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000
member
- (unless (ii) below applies) means:
- in relation to a company, a person who has agreed to be a member of the company and whose name is entered in the company's register of members; and
- in relation to an LLP, a member of that LLP
- for the purposes of the SRA Indemnity Fund Rules, means a member of a practice, being:
- any principal (including any principal) therein;
- any director or officer thereof, in the case of a recognised body or a licensed body which is a company;
- any member thereof in the case of a recognised body or a licensed body which is an LLP;
- any recognised body or a licensed body which is a partner or held out to be a partner therein and any officer of such recognised body or a licensed body which is a company, or any member of such recognised body or a licensed body which is an LLP;
- any person employed in connection therewith (including any trainee solicitor);
- any solicitor or REL who is a consultant to or associate in the practice;
- any foreign lawyer who is not an REL and who is a consultant or associate in the practice; and
any solicitor or foreign lawyer who is working in the practice as an agent or locum tenens, whether he or she is so working under a
contract of service or contract for services; and includes the estate and/or personal representative(s) of any such persons.
authorised non-SRA firm
means a firm which is authorised to carry on legal activities as defined in section 12 of the LSA by an approved regulator other than the SRA