Article 7 Disciplinary arrangements: disqualification

(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^f1;

(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.

Annotations

Footnotes

f1: “Legal activity” is defined in section 12(3) of the Act.