17 November 2017

FAQs and Glossary of Terms

What does "entity regulation" mean? 

An "entity"is a legal person, most typically a partnership or company. 

Traditionally barristers have worked as sole practitioners or in chambers. The Legal Services Act 2007 ("LSA") states that in order for reserved legal activities to be delivered through an entity, both the entity and the individuals providing services must be authorised by an approved regulator. The list of approved regulators is set out in Schedule 4 Part 1 of the LSA.

Before April 2015 barristers had to go to an approved regulator other than the BSB to set up an entity.  In April 2015, the BSB, with the approval of the Legal Services Board, began accepting applications from entities to be regulated to provide legal services.

More details can be found in our Entity Regulation Policy Statement published on our website. 

What is the BSB's Entity Register?

We must keep a public register showing important details about all current and past BSB regulated entities.  If an authorisation is suspended or made subject to any conditions, this must also be shown on the register.  The register is published on our website and updated every week.

Glossary of Terms

These are some of the more common terms relating to BSB entities.  For more information please refer to the Handbook.

Authorised individual

 

BSB authorised individuals and authorised (non-BSB) individuals

HOFA

An individual who has been designated as a Head of Finance and Administration by a BSB Authorised Body (as required by section E1 of Part 3 of the Handbook) and approved by the BSB in accordance with section E of Part 3. 

NB: This definition is not the same as the equivalent term in the Legal Services Act 2007.

HOLP

An individual who has been designated as a Head of Legal Practice by a BSB Authorised Body (as required by section E1 of Part 3 of the Handbook) and approved by the BSB in accordance with section E of Part 3. 

NB: This definition is not the same as the equivalent term in the Legal Services Act 2007

Legal Services

includes legal advice representation and drafting or settling any statement of case witness statement affidavit or other legal document but does not include:

a)    sitting as a judge or arbitrator or acting as a mediator;

b)    lecturing in or teaching law or writing or editing law books articles or reports;

c)    examining newspapers, periodicals, books, scripts and other publications for libel, breach of copyright, contempt of court and the like;

d)    communicating to or in the press or other media;

e)    giving advice on legal matters free to a friend or relative or acting as unpaid or honorary legal adviser to any charitable benevolent or philanthropic institution;

f)     in relation to a barrister who is a non-executive director of a company or a trustee or governor of a charitable benevolent or philanthropic institution or a trustee of any private trust, giving to the other directors trustees or governors the benefit of his learning and experience on matters of general legal principle applicable to the affairs of the company institution or trust;

g)    early neutral evaluation, expert determination and adjudications

Manager

has the same meaning as set out in s. 207 LSA namely:

a)    a member of an LLP;

b)    a director of a company;

c)    a partner in a partnership; or

d)    in relation to any other body, a member of its governing body.

Non-authorised individual

any individual who is not a BSB authorised individual or an authorised (non-BSB) individual but who is directly or indirectly employed by a Chambers, BSB legal services body and/or a licensed body, or a BSB authorised person

Owner

a)    in relation to a BSB authorised body that is a company or an LLP (or an applicant to become such a body), any person who holds a material interest in that company or LLP;

b)    in relation to a BSB authorised body that is a partnership (or an applicant to become such a body), any partner of that partnership who holds a material interest in that partnership

Reserved legal activities

a)    the exercise of a right of audience;

b)    the conduct of litigation;

c)    reserved instrument activities;

d)    probate activities;

e)    notarial activities; and

f)     the administration of oaths;