Annex 1: Transitional arrangements under paragraph 7(3) of Schedule 5 to the LSA

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You are reading current version in effect from 25 November 2019

Guidance

Guidance

Legal Disciplinary Practices

To explain how existing LDPs with non-lawyer managers can remain as recognised bodies or elect to become licensed bodies.

Glossary terms

licensable body

has the meaning given in section 72 of the LSA

recognised body

means a body recognised by the SRA under section 9 of the AJA

SRA

means the Solicitors Regulation Authority

AJA

means the Administration of Justice Act 1985

interest holder

means a person who has an interest or an indirect interest, or holds a material interest, in a body (and "indirect interest" and "interest" have the same meaning as in the LSA), and references to "holds an interest" shall be construed accordingly

manager

means:

  1. the sole principal in a recognised sole practice;
  2. a member of a LLP;
  3. a director of a company;
  4. a partner in a partnership; or
  5. in relation to any other body, a member of its governing body
lawyer

means a member of one of the following professions, entitled to practise as such:

  1. the profession of solicitor, barrister or advocate of the UK;
  2. an authorised person other than one authorised by the SRA;
  3. an Establishment Directive profession other than a UK profession; and
  4. any other regulated legal profession specified by the SRA for the purpose of this definition
regulatory arrangements

has the meaning given to it by section 21 of the LSA

LSA

means the Legal Services Act 2007

licensed body

means a body licensed by the SRA under section 71(2) of the LSA in accordance with the SRA Authorisation of Firms Rules

lawyer of England and Wales

means:

  1. a solicitor; or
  2. an individual who is authorised to carry on legal activities in England and Wales by an approved regulator other than the SRA, but excludes a member of an Establishment Directive profession registered with the Bar Standards Board under the Establishment Directive
Establishment Directive profession
means any profession listed in article 1.2(a) of the Establishment Directive, including a solicitor, barrister or advocate of the UK
RFL

means a foreign lawyer registered in the register of foreign lawyers

director

means a director of a company; and in relation to a societas Europaea includes:

  1. in a two-tier system, a member of the management organ and a member of the supervisory organ; and
  2. in a one-tier system, a member of the administrative organ
company

means a company incorporated in a state to which the Establishment of Lawyers Directive 98/5/EC applies and registered under the Companies Acts or a societas Europaea

voting rights

in a body includes the right to vote in a partners', members', directors' or shareholders' meeting, or otherwise in relation to the body, and "control the exercise of voting rights" shall be interpreted as including de facto as well as legal control over such rights.

person

includes a body of persons (corporate or unincorporated)

partnership

means a body that is not a body corporate in which persons are, or are held out as, partners

LLP

means a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000

member

means:

  1. in relation to a company, a person who has agreed to be a member of the company and whose name is entered in the company's register of members; and
  2. in relation to an LLP, a member of that LLP
authorised non-SRA firm

means a firm which is authorised to carry on legal activities as defined in section 12 of the LSA by an approved regulator other than the SRA

Establishment Directive state

means a state to which the Establishment Directive applies