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SCHEDULES

SCHEDULE 11Licensing rules

Part 3Practice requirements

Practising address

15(1)Licensing rules must require a licensed body, other than one to which sub-paragraph (3) applies, at all times to have a practising address in England and Wales.

(2)For this purpose “practising address”, in relation to a licensed body, means an address from which the body provides services which consist of or include the carrying on of reserved legal activities.

(3)This sub-paragraph applies to a licensed body—

(a)which is a company or limited liability partnership, and

(b)the registered office of which is situated in England and Wales (or in Wales).

Licensed activities

16Licensing rules must provide that a licensed body may carry on a licensed activity only through a person who is entitled to carry on the activity.

Compliance with regulatory arrangements etc

17(1)Licensing rules must include the following provision.

(2)A licensed body must at all times have suitable arrangements in place to ensure that—

(a)it, and its managers and employees, comply with the duties imposed by section 176, and

(b)it, and any person to whom sub-paragraph (3) applies, maintain the professional principles set out in section 1(3).

(3)This sub-paragraph applies to any manager or employee of the licensed body who is an authorised person in relation to an activity which is a reserved legal activity.

(4)A licensed body must at all times have suitable arrangements in place to ensure that non-authorised persons subject to the duty imposed by section 90 in relation to the licensed body comply with that duty.

(5)Licensing rules may make provision as to the arrangements which are suitable for the purposes of rules made under sub-paragraphs (2) and (4).

Disqualified employees

18(1)Licensing rules must include the following requirement.

(2)A licensed body may not employ a person who under this Part of this Act is disqualified from being an employee of a licensed body.

Indemnification arrangements and compensation arrangements

19(1)For the purpose of giving effect to indemnification arrangements and compensation arrangements, licensing rules may—

(a)authorise or require the licensing authority to establish and maintain a fund or funds;

(b)authorise or require the licensing authority to take out and maintain insurance with authorised insurers;

(c)require licensed bodies or licensed bodies of any specific description to take out and maintain insurance with authorised insurers.

(2)In this paragraph “authorised insurer” has the same meaning as in section 64.

Accounts

20(1)The licensing rules must make provision as to the treatment of money within sub-paragraph (2), and the keeping of accounts in respect of such money.

(2)The money referred to in sub-paragraph (1) is money (including money held on trust) which is received, held or dealt with by the licensed body, its managers and employees for clients or other persons.