{
  "url": "https://openlegislation.uk/legal-services-act-2007-levy-no2-rules-2010/rule-5",
  "json_url": "https://openlegislation.uk/legal-services-act-2007-levy-no2-rules-2010/rule-5.json",
  "legislation": "uksi/2010/2911",
  "legislation_title": "The Legal Services Act 2007 (Levy) (No.2) Rules 2010",
  "legislation_url": "https://openlegislation.uk/legal-services-act-2007-levy-no2-rules-2010",
  "path": "rule/5",
  "kind": "rule",
  "number": "5",
  "heading": "Apportionment of leviable OLC expenditure",
  "text": "(1) Subject to paragraphs (3) to (5), the amount payable by a leviable body under this rule is £5000 plus an amount equal to the relevant proportion of leviable OLC expenditure.\n(2) For these purposes—\n(a) subject to paragraph (2A), “the relevant proportion” in relation to a leviable body is the number of service complaints in respect of that leviable body accepted in the course of the reference period by the OLC, as a proportion of the total number of service complaints in respect of all leviable bodies accepted in the course of that period by the OLC; and\n(b) “the reference period” is the three year period ending on 31st March prior to the 12 month period in respect of which the levy is imposed.\n(2A) For the purposes of paragraph (2)(a), the number of service complaints in respect of the leviable body accepted in the course of the reference period by the OLC shall be reduced by three.\n(3) Paragraphs (4) and (5) apply where the Board determines on reasonable grounds that—\n(a) anything done, or not done, by a leviable body has given rise to an additional amount of leviable OLC expenditure; and\n(b) as a result, the amount of leviable OLC expenditure attributable to that body is materially disproportionate to the amount attributable to any other leviable body (apart from one in respect of whom a determination under this paragraph has also been made).\n(4) The total amount of leviable OLC expenditure to be used in applying the calculation described in paragraph (1) is to be reduced as follows—\n(a) in relation to each leviable body which is the subject of a determination under paragraph (3), the Board must determine the additional amount of leviable OLC expenditure referred to in paragraph (3)(a); and\n(b) the amount so determined (or the aggregate of such amounts) is to be deducted from the total amount of leviable OLC expenditure which would otherwise be used for the purposes of the calculation described in paragraph (1).\n(5) The amount payable by each leviable body which is the subject of a determination under paragraph (3) is the aggregate of the amounts determined for that body under paragraphs (1) and (4)(a).\n(6) In this rule, “service complaint” means a complaint which is within the jurisdiction of the ombudsman scheme as provided for in Part 6 of the 2007 Act.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 5(1) inserted (2.7.2014) by The Legal Services Act 2007 (Levy) (No. 2) (Amendment) Rules 2014 (S.I. 2014/1185), rules 1, 6(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Rule 5(2)(2A) substituted for rule 5(2) (2.7.2014) by The Legal Services Act 2007 (Levy) (No. 2) (Amendment) Rules 2014 (S.I. 2014/1185), rules 1, 6(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Rule 5(6) substituted (2.7.2014) by The Legal Services Act 2007 (Levy) (No. 2) (Amendment) Rules 2014 (S.I. 2014/1185), rules 1, 6(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 5 in force at 1.1.2011, see rule 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/2911/rule/5",
    "retrieved_at": "2026-10-29T02:23:24.495673+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}