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Legal Services Act 2007

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  • specified provision(s) amendment to earlier affecting provision S.I. 2010/2089 art. 5 by S.I. 2011/2196 art. 6
  • specified provision(s) amendment to earlier affecting provision SI 2009/3250 art. 3(2) by S.I. 2011/2196 art. 5

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This sectionnoteType=Explanatory Notes has no associated

96In paragraph 9 of that Schedule (restriction on employment of person struck off roll or suspended)—E+W

(a)the existing provision becomes sub-paragraph (1) and in that sub-paragraph after “recognised body” insert “ (and any manager or employee of it) ”, and

(b)after that sub-paragraph insert—

(2)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).

(3)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.

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