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Part 3E+WReserved legal activities

InterpretationE+W

18Authorised personsE+W

(1)For the purposes of this Act “authorised person”, in relation to an activity (“the relevant activity”) which is a reserved legal activity, means —

(a)a person who is authorised to carry on the relevant activity by a relevant approved regulator in relation to the relevant activity (other than by virtue of a licence under Part 5), or

(b)a licensable body which, by virtue of such a licence, is authorised to carry on the relevant activity by a licensing authority in relation to the reserved legal activity.

(2)A licensable body may not be authorised to carry on the relevant activity as mentioned in subsection (1)(a).

(3)But where a body (“A”) which is authorised as mentioned in subsection (1)(a) becomes a licensable body, the body is deemed by virtue of this subsection to continue to be so authorised from that time until the earliest of the following events—

(a)the end of the period of 90 days beginning with the day on which that time falls;

(b)the time from which the relevant approved regulator determines this subsection is to cease to apply to A;

(c)the time when A ceases to be a licensable body.

(4)Subsection (2) is subject to Part 2 of Schedule 5 (by virtue of which licensable bodies may be deemed to be authorised as mentioned in subsection (1)(a) in relation to certain activities during a transitional period).

(5)A person other than a licensable body may not be authorised to carry on the relevant activity as mentioned in subsection (1)(b).

(6)But where a body (“L”) which is authorised as mentioned in subsection (1)(b) ceases to be a licensable body, the body is deemed by virtue of this subsection to continue to be so authorised from that time until the earliest of the following events—

(a)the end of the period of 90 days beginning with the day on which that time falls;

(b)the time from which the relevant licensing authority determines this subsection is to cease to apply to L;

(c)the time when L becomes a licensable body.

Annotations:

Commencement Information

I1S. 18 not in force at Royal Assent see s. 211; s. 18(1)(a) in force at 1.1.2010 by S.I. 2009/3250, art. 2(b)(i) (subject to art. 3(1) and with art. 9)

I2S. 18(1)(b)(5)(6) in force at 6.10.2011 by S.I. 2011/2196, art. 2(2) (with art. 3)

I3S. 18(2)-(4) in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(a)