The Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001

Interpretation

2.  In these Regulations:

“the Act” means the Financial Services and Markets Act 2000;

“advocate” means:

(a)

a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society; or

(b)

in relation to Scotland, a member of the Faculty of Advocates or a solicitor who holds rights of audience under section 25A of the Solicitors (Scotland) Act 1980(1);

“assisted person” means a person in receipt of legal assistance;

“the Authority” means the Financial Services Authority;

“decision notice” means a decision notice given by the Authority under section 127(1) of the Act;

“disposable income” and “disposable capital” mean, respectively, income and capital, calculated in accordance with regulations 16 to 34;

“legal assistance” means legal assistance in connection with proceedings which are before the Tribunal pursuant to a reference under section 127(4) of the Act and with regard to which a determination of the Tribunal disposing of the reference has not yet been made, and include advice, assistance and representation for the purpose of those proceedings;

“partner” except in the expression “partner in a business” means a person with whom the applicant lives as a couple, and includes a person with whom the applicant is not currently living but from whom he is not living separate and apart;

“representative” means a solicitor or an advocate; and

“the Tribunal” means the Financial Services and Markets Tribunal established under section 132 of the Act, and, for the purposes of these Regulations, includes:

(a)

any member of the panel of chairmen of the Tribunal established under paragraph 3 of Schedule 13 to the Act acting alone; and

(b)

any person acting on behalf of the Tribunal in accordance with regulation 43.

(1)

1980 c. 46. Section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act (c. 40), section 24, and amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 31 and S.I. 1999/1042 and 2000/121.