- Draft legislation
This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.
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.
S.I. 1978/1910, as amended by the European Communities (Services of Lawyers) (Amendment) Order 2004 (SI 2004/1117).
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