- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (21/03/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 21/03/2014. This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Legal Services Act 2007, Cross Heading: Special kinds of body.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
(1)Paragraphs 11 to 14 of Schedule 11 (Head of Legal Practice and Head of Finance and Administration) do not apply in relation to a licensed body which is an independent trade union.
(2)Schedule 13 (ownership) does not apply in relation to an applicant for a licence, or a licensed body, which is an independent trade union.
Prospective
(1)This section applies to a licensed body (or an applicant for a licence) which is—
(a)an independent trade union,
(b)a not for profit body,
(c)a community interest company,
(d)a low-risk body (see section 108), or
(e)a body of such other description as may be prescribed by order made by the Lord Chancellor on the recommendation of the Board.
(2)A body to which this section applies may apply to the relevant licensing authority, in accordance with its licensing rules, for the authority to make an order under this section.
(3)The licensing authority may make one or both of the following orders—
(a)that the authority's licensing rules apply in relation to the body with such modifications as may be specified in the order;
(b)that Schedule 13 does not apply in relation to the body, or applies in relation to the body with such modifications as may be specified in the order.
(4)On an application under subsection (2), the licensing authority may make any order which the authority—
(a)has power to make under subsection (3), and
(b)considers appropriate in all the circumstances of the case,
whether or not it is the order for which the applicant applied.
(5)In deciding what order (if any) is appropriate in all the circumstances of the case, the licensing authority must in particular have regard to—
(a)the reserved legal activities and non-reserved activities which the body carries on (or proposes to carry on),
(b)the nature of the persons to whom the body provides (or proposes to provide) services,
(c)any non-authorised persons who have an interest or an indirect interest in the licensed body or hold a material interest in the licensed body, or are managers of the body, and
(d)any other matter specified in the authority's licensing rules.
(6)If the licensing authority makes an order under subsection (3), the authority's licensing rules or Schedule 13 or both (as the case may be) have effect in relation to that body in accordance with that order.
(7)The licensing authority may not make an order under subsection (3)(a) in relation to provisions of its licensing rules made in accordance with the following paragraphs of Schedule 11—
(a)paragraphs 2 and 3 (determination and review of applications for a licence);
(b)paragraphs 7 and 8 (applications under this section);
(c)paragraphs 9(3), 18 and 23 (disqualifications);
(d)paragraph 10(2) (management);
(e)paragraph 16 (carrying on of licensed activities);
(f)paragraph 24(1), (2), (3) and (8) (grounds for suspending and revoking licences);
(g)paragraph 24(10) and (11) (procedure for suspending or revoking licence);
(h)paragraph 26(2) (review of decision to suspend or revoke licence).
(8)The licensing authority may not make an order under subsection (3)(a) which results in its licensing rules, as they apply in relation to the body to which the order relates, not making the provision required by—
(a)section 83(5)(a) to (g);
(b)paragraph 1 of Schedule 11 (applications for licences);
(c)paragraph 4(3) of that Schedule (renewal of licences);
(d)paragraph 6 of that Schedule (modification of licence);
(e)paragraph 20 of that Schedule (accounts).
(9)If the licensing authority's licensing rules, as they apply in relation to a body to which an order under subsection (3)(a) relates, make provision requiring the body to have—
(a)a Head of Legal Practice approved by the licensing authority, or
(b)a Head of Finance and Administration approved by the licensing authority,
they must also provide for a review by the licensing authority of any decision by it to refuse or withdraw that approval.
Prospective
(1)This section applies where a licensing authority has made an order under section 106 in relation to a body to which that section applies.
(2)The licensing authority must revoke the order under section 106 if it becomes aware that the body in respect of which the order was made is no longer a body to which that section applies.
(3)The licensing authority may revoke or otherwise modify an order under section 106—
(a)on the application of the body in relation to which the order was made, or
(b)of its own motion.
(4)It may do so only if it considers it appropriate to do so in all the circumstances of the case, having regard to the matters mentioned in section 106(5).
Prospective
(1)A body (“B”) is a low risk body if the management condition and the ownership condition are satisfied in relation to it.
(2)The management condition is that the number of managers of the body who are within subsection (4) is less than 10% of the total number of managers.
(3)The ownership condition is that—
(a)the proportion of shares in B held by persons within subsection (4) is less than 10%, and
(b)the proportion of the voting rights in B which such persons are entitled to exercise, or control the exercise of, is less than 10%, and
(c)if B has a parent undertaking (“P”)—
(i)the proportion of shares in P held by such persons is less than 10%, and
(ii)the proportion of the voting rights in P which such persons are entitled to exercise, or control the exercise of, is less than 10%.
(4)The persons within this subsection are—
(a)non-authorised persons;
(b)licensed bodies.
(5)For the purposes of this section “parent undertaking” has the same meaning as in the Financial Services and Markets Act 2000 (c. 8) (see section 420 of that Act).
The Lord Chancellor may by order make provision for the modification of any provision of this Part in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside England and Wales.
Commencement Information
I1S. 109 partly in force: s. 109 not in force at Royal Assent see s. 211; s. 109 in force for certain purposes at 31.3.2009 by S.I. 2009/503, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys