SCHEDULES

SCHEDULE 3Exempt persons

Probate activities

4

1

This paragraph applies to determine whether a person is an exempt person for the purpose of carrying on any activity which constitutes probate activities (subject to paragraph 7).

2

The person (“E”) is an exempt person if—

a

E is an individual,

b

E provides the probate activities at the direction and under the supervision of another individual (“P”),

c

when E does so, P and E are connected, and

d

P is entitled to carry on the activity, otherwise than by virtue of sub-paragraph (4).

3

For the purposes of sub-paragraph (2), P and E are connected if—

a

P is E's employer,

b

P is a fellow employee of E,

c

P is a manager or employee of a body which is an authorised person in relation to the activity, and E is also a manager or employee of that body.

4

The person is exempt if the person is an individual who carries on the activity otherwise than for, or in expectation of, any fee, gain or reward.