The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

Sums received by solicitors etc.

7.  (1)  A sum is not a deposit for the purposes of article 5 if it is received by a practising solicitor acting in the course of his profession.

(2) In paragraph (1), “practising solicitor” means—

(a)a solicitor who is qualified to act as such under section 1 of the Solicitors Act 1974(1), article 4 of the Solicitors (Northern Ireland) Order 1976(2) or section 4 of the Solicitors (Scotland) Act 1980(3);

(b)a recognised body;

(c)a registered foreign lawyer in the course of providing professional services as a member of a multi-national partnership;

(d)a registered European lawyer; or

(e)a partner of a registered European lawyer who is providing professional services in accordance with—

(i)rules made under section 31(4) of the Solicitors Act 1974;

(ii)regulations made under article 26 of the Solicitors (Northern Ireland) Order 1976; or

(iii)rules made under section 34 of the Solicitors (Scotland) Act 1980(5).

(3) In this article—

(a)“a recognised body” means a body corporate recognised by—

(i)the Council of the Law Society under section 9 of the Administration of Justice Act 1985(6);

(ii)the Incorporated Law Society of Northern Ireland under article 26A of the Solicitors (Northern Ireland) Order 1976(7); or

(iii)the Council of the Law Society of Scotland under section 34 of the Solicitors (Scotland) Act 1980;

(b)“registered foreign lawyer” has the meaning given by section 89 of the Courts and Legal Services Act 1990(8) or, in Scotland, section 65 of the Solicitors (Scotland) Act 1980(9);

(c)“multi-national partnership” has the meaning given by section 89 of the Courts and Legal Services Act 1990 but, in Scotland, is a reference to a “multi-national practice” within the meaning of section 60A of the Solicitors (Scotland) Act 1980(10); and

(d)“registered European lawyer” has the meaning given by regulation 2(1) of the European Communities (Lawyer’s Practice) Regulations 2000(11) or regulation 2(1) of the European Communities (Lawyer’s Practice) (Scotland) Regulation 2000(12).

(2)

S.I. 1976/582 (N.I. 12); relevant amending instrument is S.I. 1989/1343 (N.I. 14).

(4)

Section 31 was amended by para. 10 of Sch. 17 to the Courts and Legal Services Act 1990 (c. 41), and by para. 3 of Sch. 6 to, and para. 1 of Sch. 7 to, the Access to Justice Act 1999 (c. 22).

(5)

Amended by section 31 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(6)

1985 c. 61; section 9 was amended by para. 54 of Sch. 18 to the Courts and Legal Services Act 1990, and by para. 1 of Sch. 4 to the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119), and was repealed in part by Part II of Sch. 15 to the Access to Justice Act 1999.

(7)

Inserted by article 10 of the Solicitors (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/1343) (N.I. 14).

(8)

1990 c. 41; section 89 was amended by para. 14 of Sch. 4 to the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119).

(9)

Amended by para. 29(15) of Sch. 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(10)

Inserted by section 32 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(11)

S.I. 2000/1119.