95C.  (1) For the purposes of this Part, the name of a barrister shall be deemed to have been on the roll in a levy year where the barrister was not a barrister to whom section 97 applies and his or her name was—

(a) on the roll on the effective date in the levy year, or

(b) at any time during the levy year prior to the effective date, removed from the roll, other than where such removal was done—

(i) on the request of the person concerned, where he or she, in the levy year, acquired a solicitor’s practising certificate, or

(ii) under section 135(1)(d).

(2) For the purposes of this Part, a person shall be deemed to have been a practising solicitor in a levy year where he or she held a practising certificate during the levy year, other than where, during the levy year:

(a) his or her name was entered on the roll and was removed from the roll, other than in circumstances referred to in subparagraph (i) or (ii) of subsection (1)(b),

(b) his or her name was entered on the roll, and was on the roll on the effective date, or

(c) he or she died.

(3) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who was a member of the Law Library in a levy year where—

(a) on the effective date in that year, or

(b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

his or her name was on the roll and the entry concerned specified that he or she was a member of the Law Library.

(4) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who is not a member of the Law Library in a levy year where—

(a) on the effective date in that year, or

(b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

his or her name was on the roll and the entry concerned specified that he or she was not a member of the Law Library.

(5) A reference in this Part—

(a) to the number of barristers whose names were on the roll in a levy year shall be construed as a reference to the number of barristers whose names are deemed under subsection (1) to have been on the roll,

(b) to the number of barristers whose names were on the roll as members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (3) to have been a member of the Law Library in the levy year,

(c) to the number of barristers whose names were on the roll as barristers who were not members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (4) to have been a barrister who was not a member of the Law Library in the levy year, and

(d) to the number of practising solicitors in a levy year shall be construed as a reference to the number of persons who are deemed under subsection (2) to have been practising solicitors in that levy year.

(6) For the purposes of this Part—

(a) a complaint shall be deemed to be a complaint in respect of a barrister who was a member of the Law Library where—

(i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was a member of the Law Library,

(ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who was a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

(iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is a member of the Law Library,

and

(b) a complaint shall be deemed to be a complaint in respect of a barrister who was not a member of the Law Library where—

(i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was not a member of the Law Library,

(ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who is not a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

(iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is not a member of the Law Library.

(7) Where—

(a) a complaint in respect of a barrister relates to more than one act or omission,

(b) at the time of the acts or omissions to which the complaint relates, the name of the barrister was on the roll, and

(c) during the period between the date of the earliest act or omission to which the complaint relates and the date of the latest such act or omission, the barrister—

(i) having been a barrister who was a member of the Law Library, became a barrister who is not a member of the Law Library, or

(ii) having been a barrister who was not a member of the Law Library, became a barrister who was a member of the Law Library,

the Authority shall, as it considers appropriate in the circumstances, decide whether the complaint is to be treated, for the purposes of this Part, as a complaint in respect of a barrister who is a member of the Law Library or a complaint in respect of a barrister who is not a member of the Law Library.

(8) For the purposes of the determination, apportionment and collection of the levy payable in the financial year in which section 60 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 comes into operation, a requirement under this Part on a person to do a thing as soon as practicable in a financial year shall be construed as a requirement on the person to do the thing as soon as practicable after the date on which that section comes into operation.

(9) In this Part—

“effective date” means, in relation to a levy year, 31 December in that year;

“roll” means the roll of practising barristers.]