Amendments to Schedule 1 to the network access rules
This section has no associated Explanatory Memorandum
6.—(1) For paragraph 1 of Schedule 1 substitute—
“Authorised persons
1.—(1) That the applicant is—
(a)an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,
(b)an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
(c)a government department.
(2) For the purposes of this paragraph—
(a)“authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,
(b)“manager” has the same meaning as in section 207 of the Legal Services Act 2007,
(c)“relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
(d)“relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.”.
(2) In paragraph 2 of Schedule 1—
(a)substitute “indemnification arrangements” for “indemnity rules” wherever those words appear in sub-paragraph (1),
(b)for sub-paragraph (2) substitute—
“(2) Subject to paragraph 3, where the applicant is not under an obligation to comply with indemnification arrangements, that he holds a policy of indemnity insurance providing cover which in the opinion of the registrar is reasonably equivalent to the cover which would have been required under the indemnification arrangements applicable had the applicant been an authorised person regulated or licensed (whichever would, in the opinion of the registrar, have been more appropriate in the case of the applicant) by the Law Society.”,
(c)omit sub-paragraph (3).
(3) In paragraph 3(2) of Schedule 1 substitute “indemnification arrangements” for “indemnity rules”.
(4) In paragraph 7(c) of Schedule 1 after “was” where it first appears insert “, at the date of the intervention,”.
(5) In paragraph 7(d) of Schedule 1 after “applicant” insert “or a connected person”.
(6) In paragraph 9(1)(b) of Schedule 1—
(a)omit “or” at the end of sub-paragraph (iii),
(b)after sub-paragraph (iv) add—
“(v)any other disciplinary tribunal provided under the regulatory arrangements of an approved regulator, or
(vi)a licensing authority,”.
(7) In paragraph 9(2) of Schedule 1—
(a)omit “or” at the end of sub-paragraph (c),
(b)after sub-paragraph (d) add—
“or
(e)
in relation to paragraph 7(d), the date of the application.”.
(8) After paragraph 9 add—
“Interpretation
10. In this Schedule, “indemnification arrangements” has the same meaning as in section 21 of the Legal Services Act 2007 but with the omission of the words “, in relation to a body,”.”.