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Part 5 E+WAlternative business structures

Valid from 01/10/2011

Supplementary provisionE+W

111Interpretation of Part 5E+W

(1)In this Part—

  • licensed activity”, in relation to a licensed body, means an activity—

    (a)

    which is a reserved legal activity, and

    (b)

    which the licensed body is authorised to carry on by virtue of its licence;

  • non-authorised person” means a person who is not within subsection (2);

  • non-reserved activity” means an activity which is not a reserved legal activity;

  • relevant appellate body”, in relation to decisions made by a licensing authority under this Part, means the body having power to hear appeals from those decisions (whether by virtue of an order under section 80 or otherwise).

(2)The following persons are within this subsection—

(a)an authorised person in relation to an activity which constitutes a reserved legal activity,

(b)a registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41)),

(c)a person entitled to pursue professional activities under a professional title to which the Directive applies in a state to which the Directive applies (other than the title of barrister or solicitor in England and Wales),

(d)a body which provides professional services such as are provided by persons within paragraph (a) or lawyers of other jurisdictions, and all the managers of which and all the persons with an interest in which—

(i)are within paragraphs (a) to (c), or

(ii)are bodies in which persons within paragraphs (a) to (c) are entitled to exercise, or control the exercise of, more than 90% of the voting rights.

(3)In subsection (2)(c) “the Directive” means Directive 98/5/EC of the European Parliament and the Council, to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained.