Part III

Provision of legal services

Barristers and solicitors

Barristers employed by solicitors etc.
44
1
Where a barrister . . . —
a
is employed by an authorised person, or
b
is a manager of such a person,
any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of the authorised person of which the barrister is an employee or a manager if either of the conditions specified in subsection (2) is satisfied.
2
Those conditions are—
a
that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and
b
that the prohibition or limitation does not apply to barristers who provide legal services but are not employees or managers of an authorised person.
3
In this section—
- “
authorised person
” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act), and
- “
manager
” has the same meaning as in that Act (see section 207 of that Act).
Words in s. 44(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 129(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
S. 44(1)(a)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(a)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
Words in s. 44(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(a)(iii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
Words in s. 44(2) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
S. 44(3) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 129(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)
Pt. 3: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)