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The Compensation (Exemptions) Order 2006

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Legal practitioners

4.—(1) Section 4(1) of the Act does not prevent the provision of a regulated claims management service in the circumstances that—

(a)the service is provided—

(i)by a legal practitioner;

(ii)by a firm, organisation or body corporate that provides the service through a legal practitioner; or

(iii)by an individual who provides the service at the direction, and under the supervision, of a legal practitioner who is—

(aa)his employer or fellow employee; or

(bb)a director of a company, or a member of a limited liability partnership, that provides the service and is his employer; and

(b)the legal practitioner acts in the normal course of practice in a way permitted by the professional rules to which he is subject.

(2) In paragraph (1), “legal practitioner” means—

(a)a solicitor, barrister or advocate of any part of the United Kingdom;

(b)a Fellow of the Institute of Legal Executives;

(c)a European lawyer, as defined in the European Communities (Services of Lawyers) Order 1978(1);

(d)a registered foreign lawyer, as defined in section 89(9) of the Courts and Legal Services Act 1990(2); or

(e)any other member of a legal profession, of a jurisdiction other than England and Wales, that is recognised by the Law Society or the General Council of the Bar as a regulated legal profession.

(1)

S.I. 1978/1910, as amended by the European Communities (Services of Lawyers) (Amendment) Order 2004 (SI 2004/1117).

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