Search Legislation

The Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Disciplinary arrangements: disqualification

This section has no associated Explanatory Memorandum

7.—(1) The disciplinary arrangements made under article 6(1) may include provisions enabling the General Council of the Bar to disqualify those individuals set out in paragraph (2) from one or more of the activities in paragraph (3) if the disqualification condition is satisfied.

(2) The persons are—

(a)a relevant authorised person who is an individual;

(b)in the case of a relevant authorised person which is a body, a manager of the body; and

(c)an employee of a relevant authorised person.

(3) The activities are—

(a)acting as HOLP or HOFA of a relevant authorised person which is a body;

(b)being a manager of, or being employed or remunerated by, a relevant authorised person which is a body;

(c)being employed or remunerated by a manager or employee of a relevant authorised person which is a body, in connection with that body’s business of carrying on a legal activity(1);

(d)being employed or remunerated by a relevant authorised person who is an individual, in so far as the employment or remuneration relates to that individual’s practice of a legal activity;

(e)being employed or remunerated by an employee of a relevant authorised person who is an individual, in connection with that relevant authorised person’s business of carrying on a legal activity;

(f)undertaking work in the name of, or under the direction or supervision of, a relevant authorised person, in so far as the work relates to that relevant authorised person’s practice of a legal activity, and

(g)being employed or remunerated by a body (corporate or unincorporate) in which one or more relevant authorised person holds a material interest, in so far as the employment or remuneration relates to that relevant authorised person’s practice of a legal activity.

(4) The disqualification condition is satisfied in relation to an individual if—

(a)that individual has (intentionally or through neglect)—

(i)breached obligations placed upon that individual by the General Council of the Bar, or

(ii)caused or substantially contributed to a breach of obligations imposed by the General Council of the Bar by a relevant authorised person, or a manager or employee of a relevant authorised person, and

(b)the General Council of the Bar is of the view that it is undesirable for that individual to continue to carry out one or more of the activities set out in paragraph (3).

(5) The General Council of the Bar must keep a list of individuals who are disqualified by virtue of disciplinary arrangements made by virtue of this article and the activities from which they are disqualified.

(6) In this article—

(a)“HOFA” means an individual who is appointed Head of Finance and Administration for a relevant authorised person which is a body in accordance with rules made by the General Council of the Bar;

(b)“HOLP” means an individual who is appointed Head of Legal Practice for a relevant authorised person which is a body in accordance with rules made by the General Council of the Bar;

(c)“material interest” has the same meaning given in paragraph 3(1) of Schedule 13 to the Act.

(1)

“Legal activity” is defined in section 12(3) of the Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources