person (2012)

includes a body of persons (corporate or unincorporated).

solicitor (2012)

means a person who has been admitted as a solicitor of the Senior Courts of England and Wales and whose name is on the roll kept by the Society under section 6 of the SA, save that in the SRA Indemnity Insurance Rules includes a person who practises as a solicitor whether or not he or she has in force a practising certificate, and also includes practice under home title of a former REL who has become a solicitor.

REL (2012)

means registered European lawyer, namely, an individual registered with the SRA under regulation 17 of the European Communities (Lawyer's Practice) Regulations 2000 (SI 2000/ no.1119).

RFL (2012)

means registered foreign lawyer, namely, an individual registered with the SRA under section 89 of the Courts and Legal Services Act 1990.

partnership (2012)

means a body that is not a body corporate in which persons are, or are held out as, partners, save that in the MTC means an unincorporated insured firm in which persons are or are held out as partners and does not include an insured firm incorporated as an LLP.

non-registered European lawyer (2012)

means:

(i)

in the SRA Indemnity Rules, a member of a legal profession which is covered by the Establishment Directive, but who is not:

(A)

a solicitor, REL or RFL,

(B)

a barrister of England and Wales, Northern Ireland or the Irish Republic, or

(C)

a Scottish advocate; and

(ii)

in the SRA Financial Services (Scope) Rules, a member of a profession covered by the Establishment Directive who is based entirely at an office or offices outside England and Wales and who is not a solicitor, REL or RFL.

recognised body (2012)

means a body recognised by the SRA under section 9 of the AJA.

licensed body (2012)

means a body licensed by the SRA under Part 5 of the LSA.

regulated activity (2012)

means:

(i)

subject to sub-paragraph (ii) below:

(A)

any reserved legal activity;

(B)

any non-reserved legal activity except, in relation to an MDP, any such activity that is excluded on the terms of the licence;

(C)

any other activity in respect of which a licensed body is regulated pursuant to Part 5 of the LSA; and

(ii)

in the SRA Financial Services (Scope) Rules, an activity which is specified in the Regulated Activities Order.

regulated person (2012)

(i)

in the SRA Indemnity Rules has the meaning given in section 21 of the LSA;

(ii)

means, in the SRA Disciplinary Procedure Rules:

(A)

a solicitor;

(B)

an REL;

(C)

an RFL;

(D)

a sole practitioner in a recognised sole practice;

(E)

a recognised body;

(F)

a manager of a recognised body;

(G)

a licensed body;

(H)

a manager of a licensed body;

(I)

an employee of, or in, an authorised body, a solicitor, or an REL; or

(J)

to the extent permitted by law, any person who has previously held a position or role described in (A) to (I) above;

(iii)

for the purposes of the SRA Cost of Investigations Regulations means the persons at paragraph (ii) (A) to (J) above and also includes a person who has an interest in a licensed body and, to the extent permitted by law, any person who has previously held an interest in a licensed body.

fund (2012)

means the fund maintained in accordance with the SRA Indemnity Rules.

private practice (2012)

(i)

for the purposes of the SRA Indemnity Insurance Rules:

(A)

in relation to a firm which is a licensed body means its regulated activities; and

(B)

subject to paragraph (A) of this definition, in relation to all firms includes without limitation all the professional services provided by the firm including acting as a personal representative, trustee, attorney, notary, insolvency practitioner or in any other role in conjunction with a practice, and includes services provided pro bono publico,

but does not include:

(C)

solicitor or REL in the course of employment with an employer other than a firm; or

(D)

non-SRA firm or by an REL through an Exempt European Practice; or

(E)

discharging the functions of any of the following offices or appointments:

(I)

judicial office;

(II)

Under Sheriffs;

(III)

members and clerks of such tribunals, committees, panels and boards as the Council may from time to time designate but including those subject to the Tribunals and Inquiries Act 1992, the Competition Commission, Legal Services Commission Review Panels, Legal Aid Agency Review Panels and Parole Boards;

(IV)

Justices' Clerks;

(V)

Superintendent Registrars and Deputy Superintendent Registrars of Births, Marriages and Deaths and Registrars of Local Crematoria; or

(VI)

such other offices as the Council may from time to time designate;

(F)

solicitor or REL's family, or registered charities; or

(G)

in respect of a sole solicitor or a sole REL, practice consisting only of:

(I)

providing professional services without remuneration for friends, relatives, or to companies wholly owned by the solicitor or REL's family, or registered charities; and/or

(II)

administering oaths and statutory declarations; and/or

(III)

activities which could constitute practice but are done in the course of discharging the functions of any of the offices or appointments listed in paragraphs (E)(I) to (VI) above.

(ii)

for the purposes of the SRA Indemnity Rules "private practice" shall be deemed to include:

(A)

the acceptance and performance of obligations as trustees; and

(B)

notarial practice where a solicitor notary operates such notarial practice in conjunction with a solicitor's practice, whether or not the notarial fees accrue to the benefit of the solicitor's practice;

but does not include:

(C)

practice to the extent that any fees or other income accruing do not accrue to the benefit of the practice carrying on such practice (except as provided by paragraph (B) in this definition);

(D)

practice by a solicitor or REL in the course of his or her employment with an employer other than a solicitor, REL, recognised body, licensed body or partnership such as is referred to in Rule 6.1(d) to 6.1(f); in which connection and for the avoidance of doubt:

(I)

any such solicitor or REL does not carry on private practice when he or she acts in the course of his or her employment for persons other than his or her employer;

(II)

any such solicitor or REL does not carry on private practice merely because he or she uses in the course of his or her employment a style of stationery or description which appears to hold him or her out as a principal or solicitor or foreign lawyer in private practice; or

(III)

any practice carried on by such a solicitor outside the course of his or her employment will constitute private practice;

(E)

discharging the functions of the following offices:

(I)

judicial office;

(II)

Under Sheriffs;

(III)

members and clerks of such tribunals, committees, panels and boards as the Council may from time to time designate but including those subject to the Tribunals and Inquiries Act 1992, the Competition Commission, Legal Services Commission Review Panels and Parole Boards;

(IV)

Justices' Clerks;

(V)

Superintendent Registrars and Deputy Superintendent Registrars of Births, Marriages and Deaths and Registrars of Local Crematoria;

(VI)

such other offices as the Council may from time to time designate.