The Financial Services and Markets Act 2000 (Ombudsman Scheme) (Fees) Regulations 2024

Interpretation

2.  In these Regulations—

“the Act” means the Financial Services and Markets Act 2000(1);

“legal professional” means—

(a)

a person who, or licensable body which, is authorised by the Law Society of England and Wales or the General Council of the Bar to carry on a reserved legal activity;

(b)

a European lawyer registered with the Law Society of England and Wales under the European Communities (Lawyer's Practice) Regulations 2000(2), as they have effect by virtue of regulation 6 (transitional provision: the 2000 Regulations and Swiss lawyers) of the Services of Lawyers and Lawyer's Practice (Revocation etc.) (EU Exit) Regulations 2020(3);

(c)

a foreign lawyer registered with the Law Society of England and Wales under section 89 (foreign lawyers: recognised bodies and partnerships with solicitors) of the Courts and Legal Services Act 1990(4);

(d)

a person authorised by the Chartered Institute of Legal Executives to carry on a reserved legal activity;

(e)

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

“licensable body” has the meaning given in section 72 (“licensable body”) of the Legal Services Act 2007(5);

“reserved legal activity” has the meaning given in section 12 (meaning of “reserved legal activity” and “legal activity”) of the Legal Services Act 2007;

“Scottish legal professional” means—

(a)

a person qualified to practice as a solicitor in accordance with section 4 (qualifications for practising as a solicitor) of the Solicitors (Scotland) Act 1980(6);

(b)

an advocate who is a member of the Faculty of Advocates;

(c)

a European lawyer registered with the Law Society of Scotland in accordance with regulation 17 (registration by professional body) of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000(7) as those Regulations have effect by virtue of regulation 6 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000) or regulation 7 (transitional provision: the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 and Swiss lawyers) of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019(8);

(d)

foreign lawyers registered with the Law Society of Scotland under section 60A (registered foreign lawyers) of the Solicitors (Scotland) Act 1980(9);

(e)

an incorporated practice within the meaning given by section 34(1A)(c) (rules as to professional practice, conduct and discipline) of the Solicitors (Scotland) Act 1980(10);

(f)

a licensed legal services provider within the meaning of Part 2 of the Legal Services (Scotland) Act 2010(11) (see section 47 (licensed providers) of that Act) that provides, or offers to provide, legal services under a licence issued by the Law Society of Scotland;

(g)

any other member of a legal profession, of a jurisdiction other than Scotland, that is recognised by the Law Society of Scotland or the Faculty of Advocates as a regulated legal profession.

(1)

2000 c. 8.

(2)

S.I. 2000/1119.

(3)

S.I. 2020/1342.

(4)

1990 c. 41; section 89 was amended by paragraph 125 of Schedule 16 to the Legal Services Act 2007 (c. 29). There are other amendments that are not relevant.

(5)

2007 c. 29.

(6)

1980 c. 46.

(7)

S.S.I. 2000/121.

(8)

S.S.I. 2019/127; regulations 6 and 7 were amended by regulation 15 of the Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441).

(9)

Section 60A was inserted by section 32 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40). It was amended by the Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212) and the Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383). There are other amendments that are not relevant.

(10)

Subsection (1A) was inserted by paragraph 12(b) of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).

(11)

2010 asp 16.