The Legal Services Act 2007 (Functions of a Designated Regulator) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends section 9A of the Administration of Justice Act 1985 (c. 61) as inserted by paragraph 82 of Schedule 16 to the Legal Services Act 2007 (c. 29).

Section 9A of the Administration of Justice Act 1985 defines the term “legal services body” for the purposes of section 9 of that Act which gives the Law Society the power to regulate the management and control of legal services bodies. Section 9A defines the term by reference to the satisfaction of a management and control condition and a relevant lawyer condition. It allows legal services bodies to have up to 25% non-lawyer managers and owners.

This amendment to section 9A removes the restriction on the number of corporate tiers permissible for legal services bodies. It gives the Law Society the power to make rules expanding the category of what it is to be “legally qualified” for the purpose of satisfying the management and control condition. The amendment also ensures that legal partnerships and recognised bodies in existence at the date of commencement of section 9A should, subject to certain restrictions, be regarded as “legally qualified”.