SCHEDULES

SCHEDULE 16E+WThe Law Society, solicitors, recognised bodies and foreign lawyers

Part 3E+WThe Courts and Legal Services Act 1990 (c. 41)

131E+WIn 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).”

Commencement Information