SCHEDULES
I2C3 SCHEDULE 2F4Legal services practices: Supplementary Provisions
Words in Sch. 2 heading substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 85 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)
Sch. 2 applied (with modifications) by SI 2000/1119 Sch. 4 para. 24(2) (as substituted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 2 para. 3(c)(ii))
Restriction on employment of person struck off roll or suspended
I1C19
F11
Section 41 of the 1974 Act (except subsection (4)) shall apply to a recognised body F2(and any manager or employee of it) and its business as such as it applies to a solicitor and his practice as such.
F32
No recognised body (or manager or employee of such a body) may, except in accordance with a written permission granted by the Society under this paragraph, permit a person to whom sub-paragraph (3) applies to—
a
be a manager of the body, or
b
have an interest in the body;
and for this purpose a person has an interest in the body if he has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).
C23
This sub-paragraph applies to a person who to the knowledge of the recognised body (or, as the case may be, the manager or employee) is a person—
a
who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or
b
in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll).
4
Permission granted for the purposes of sub-paragraph (2) may be granted for such period and subject to such conditions as the Society thinks fit.
5
A person aggrieved by the refusal of the Society to grant permission under sub-paragraph (4), or by any conditions attached by the Society to the grant of any such permission may appeal to the High Court which may—
a
confirm the refusal or the conditions, as the case may be, or
b
grant a permission under this paragraph for such period and subject to such conditions as it thinks fit.
6
In relation to an appeal under sub-paragraph (5) the High Court may make such order as it thinks fit as to payment of costs.
7
The decision of the High Court on an appeal under sub-paragraph (5) is final.
Sch. 2 wholly in force at 1.1.1992 see s. 69(2) and S.I. 1991/2683, art. 2