SCHEDULES

SCHEDULE 16The Law Society, solicitors, recognised bodies and foreign lawyers

Part 3The Courts and Legal Services Act 1990 (c. 41)

I1131

In paragraph 5 (intervention in practices)—

a

in sub-paragraph (3)(a) and (b)—

i

for “Council have” substitute “ Society has ”, and

ii

omit “by virtue of his being a member of that partnership”,

b

after sub-paragraph (3)(b) insert—

ba

the Society has reason to suspect dishonesty on the part of the registered foreign lawyer (“L”) in connection with—

i

the business of any person of whom L is or was an employee, or of any body of which L is or was a manager, or

ii

any business which is or was carried on by L as a sole trader;

c

in sub-paragraph (3)(c) for “Council are” substitute “ Society is ”,

d

after sub-paragraph (3)(e) insert—

ea

the Society is satisfied that he has abandoned his practice;

e

in sub-paragraph (3)(i)—

i

for “Council are” substitute “ Society is ”, and

ii

for “an officer” (in both places) substitute “ a manager ”,

f

after that sub-paragraph insert—

j

the Society is satisfied that it is necessary to exercise the intervention powers (or any of them) in relation to the registered foreign lawyer to protect—

i

the interests of clients (or former or potential clients) of the registered foreign lawyer or the multi-national partnership, or

ii

the interests of the beneficiaries of any trust of which the registered foreign lawyer is or was a trustee.

g

omit sub-paragraph (4),

h

in sub-paragraph (5)(a) for “a complaint is made to the Society” substitute “ the Society is satisfied ”,

i

in sub-paragraph (5)(a)(ii) for “controlled trust” substitute “ trust ”,

j

in sub-paragraph (5)(c) for “Council regard” substitute “ Society regards ”, and

k

after sub-paragraph (9) insert—

10

In this paragraph “manager”, in relation to a recognised body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act).