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

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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);

“appropriate officer” means a costs officer of the Supreme Court Costs Office;

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

“the Authority” means the Financial Services Authority;

“costs”, in relation to Scotland, means expenses,

“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 includes advice, assistance and representation for the purpose of those proceedings;

“legal assistance order” means a document granting a right to legal assistance in respect of proceedings before the Tribunal;

“the main hearing” means the hearing at which a decision of the Tribunal disposing of the reference is made;

“representative” means a solicitor or an advocate;

“the Tribunal” means the Financial Services and Markets Tribunal established under section 132 of the Act, and includes any person authorised by it to act on its behalf in that regard.

(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.

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