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(CLC) Authorised Officer

the Licensing and Casework Manager employed by the CLC, or another officer of the CLC  of equivalent or senior status

2007 Act (LSA)

the Legal Services Act 2007 which created the Legal Services Board, the Office for Legal Complaints (Legal Ombudsman), authorised Approved Regulators to regulate Authorised Persons and enabled the development of new forms of legal practice known as Alternative Business Structures and the licensing of these bodies by Licensing Authorities

(FSMA) Authorised Person

arrangers or sellers of insurance products regulated by the Financial Conduct Authority (previously the Financial Services Authority) 

1990 Act CLSA - Court and Legal Services Act

the Courts & Legal Services Act 1990 which amended parts of the 1985 Act and entitles the CLC to apply to regulate probate, litigation and advocacy services in addition to conveyancing services

1985 Act - Administration of Justice Act (AJA)

The Administration of Justice Act 1985 which created the CLC and provided it with its powers to regulate licensed conveyancers.

Alternative Business Structure

a body which provides legal services to the public and in which a non-lawyer is a manager and/or owner as provided at s.72 of the 2007 Act; for licensing purposes these bodies are referred to as Licensed (ABS) Bodies

Access to Justice

the recognition of, and response to, potential and actual, consumer needs. This may take the form of provision of a greater range of services and methods of accessing these services, lower prices, extended opening hours, accessibility, online provision, or other factors

Accountant's Report

a report signed by the Reporting Accountant in such form as determined by the CLC relating to Client Money held or received by each body in respect of each Accounting Period

Accounting Period

the period for which the accounts of the CLC Body are ordinarily made up, provided however that it must begin at the end of the previous Accounting Period and cover twelve months (except with the prior written consent of the CLC)

Accounting Records

includes all documents or records on a Durable Medium necessary for the operation of any system of book-keeping

Adjudication Panel

established:

  • in relation to make determinations relating to Licensed Bodies and relating to owners, Managers and employees of Licensed Bodies;
  • to determine applications for review in relation to regulatory and enforcement decisions made by a CLC Authorised Officer  save for those appeals which are reserved to the Discipline and Appeals Committee;
  • to determine allegations of misconduct referred to it. 
Advocacy

referred to at schedule 2 of the 2007 Act as rights of audience and includes the right to appear before and address a court, including the right to call and examine witnesses 

Advocacy Licence

licence issued by the CLC to provide advocacy services, under Part 1 of Schedule 8 of the 1990 Act

Aged Balance

(a) a sum outstanding to the credit of an individual ledger account;

(b) where there has been completion of a legal transaction or it has become abortive; and

(c) there has been no movement on the account for a period in excess of 12 months except for monies held in accordance with the terms of an undertaking (in which case the 12 month period will begin from the date on which such monies are released)

AML/CMF (Anti Money Laundering and Combating the Financing of Terrorism Legislation)

legislation directed to the prevention of Money Laundering and Combating the Financing of Terrorism  , and in particular, the:

  • Proceeds of Crime Act 2002 (as amended);
  • Terrorism Act 2000 (as amended); and

Money Laundering Regulations 2007  - SI 2007/2157 (the ML Regulations)

Applicant

as determined by the particular context:

  • any person who intends to apply, or is currently applying, for registration as a CLC student or for a CLC Licence;
  • a body which intends to apply, or is currently applying, for registration as a CLC Recognised Body;

a body which intends to apply, or is currently applying, for a Licensed Body (ABS) licence

Approved Person

under the Accounts Code this means a:

  • an Authorised Person; or

provided the CLC Body  is in compliance with 9.1.4 of the Accounts Code, any other appropriately skilled, trained and competent person of integrity who has been authorised on Durable Medium by the CLC Body

Approved Regulator

as defined at s.20 of the 2007 Act:  the CLC, the Law Society, the General Council of the Bar, the Master of Faculties,  the Institute of Legal Executives, the Chartered Institute of Patent Attorneys, the Institute of Trade Mark Attorneys, the Association of Law Costs Draftsmen, the Institute of Chartered Accountants in Scotland, the Association of Chartered Certified Accountants and any such other bodies as are authorised to regulate providers of Reserved Legal Activities

Arrangements

methods of organisation including systems, procedures, controls, functions, roles, and processes  

Articles

prescribes a company’s regulations: setting out the relationships between shareholders and directors of the company as required by s.18 of the Companies Act 2006

Assets

Property owned by a person or company, regarded as having value and available to meet debts, commitments, or legacies.

Associate

under the Licensed (ABS) Body Framework ‘associate’ in relation to a Non-Authorised Person with a material interest with: –

  • a shareholding in a body; or
  • an entitlement to exercise or control the exercise of voting power in a body,

means:

  1. their spouse or civil partner;
  2. their child or step-child (if under 18 years of age);
  3. the trustee of a settlement* under which they have a life interest in possession;
  4. an undertaking of which they are a Director;
  5. an employee;
  6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
  7. if ‘the person’ means an undertaking –
    a director, a subsidiary undertaking (or a director or employee of it); 
  8. a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
  9. a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution);

with 3% or more material interest.

By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation

under the Licensed (ABS) Body Framework ‘associate’ in relation to a Non-Authorised Person with a material interest with: –

  • a shareholding in a body; or
  • an entitlement to exercise or control the exercise of voting power in a body,

means:

  1. their spouse or civil partner;
  2. their child or step-child (if under 18 years of age);
  3. the trustee of a settlement* under which they have a life interest in possession;
  4. an undertaking of which they are a Director;
  5. an employee;
  6. a partner (except where the shareholding or entitlement is a partnership in which the Non-Authorised Person is a partner, another partner);
  7. if ‘the person’ means an undertaking –
    a director, a subsidiary undertaking (or a director or employee of it); 
  8. a person they have agreement or arrangement with respects to the acquisition, holding or disposal of shares or other interests;
  9. a person they have agreement or arrangement with under which they undertake to act together in exercising their voting power (in relation to a body which does not have general meetings at which matters are decided by the exercise of voting rights this refers to the right under the body’s constitution to direct overall policy/alter its constitution);

with 3% or more material interest.

By ‘settlement’* we mean any disposition or arrangement under which property is held on trust (or a comparable obligation

Authorisations (licence)

specify the reserved legal activities which a body is authorised  by the CLC to provide

Authorised Insurers

has the meaning given by s. 21(5) of the 1985 Act or s. 64(5) of the 2007 Act:-
a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c.8) to effect or carry out contracts of insurance of a relevant class;
b) a European Economic Area (EEA) firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance of a relevant class; or
c) a person who does not fall within paragraph (a) or (b) and who may lawfully effect or carry out contracts of insurance of a relevant class in a member State other than the United Kingdom

Authorised Person(s)/ Parties

a person authorised by an Approved Regulator to carry on reserved legal activities  e.g:

  • a licensed conveyancer;
  • a solicitor;

a Fellow of the Institute of Legal Executives