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The Registered Foreign Lawyers Order 2009

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Article 3

SCHEDULEModifications of the 1974 Act in relation to registered foreign lawyers

This schedule has no associated Explanatory Memorandum
Provision of the 1974 ActModification
Section 11(2)Reference to fees which are specified is to be read as a reference to fees which are prescribed under paragraph 2(1)(b) of Schedule 14 to the 1990 Act.

Section11 (3)

Reference to an application for a practising certificate is to be read as a reference to an application for registration or renewal of registration in the register of foreign lawyers.
Section 11(3)(b)Reference to a practising certificate not having been issued since the Society became aware of the failure is to be read as a reference to a registration in the register of foreign lawyers not having been entered or renewed since the Society became aware of the failure.
Section 13(2)

Reference to a practising certificate is to be read as a reference to a registration in the register of foreign lawyers.

Reference to a condition within section 10(4)(b) is to be read as a condition imposed under paragraph 2A(2)(a) of Schedule 14 to the 1990 Act which prohibits the taking of any steps specified in the condition, except with the approval of the Society.

Section 13(3)Reference to an application under section 9 is to be read as a reference to an application under paragraph 2(1) of Schedule 14 to the 1990 Act.
Section 13(5)(b)Reference to a condition within section 10(4)(b) is to be read as a reference to a condition imposed under paragraph 2A(2)(a) of Schedule 14 to the 1990 Act which prohibits the taking of any steps specified in the condition, except with the approval of the Society.
Section 13A(9)Reference to a solicitor who holds a practising certificate subject to a condition imposed under section 13A(1) which prohibits that solicitor from taking any steps specified in the condition, except with the approval of the Society, is to be read as a reference to a registered foreign lawyer whose registration is subject to a condition imposed under paragraph 2A(2)(b) of Schedule 14 to the 1990 Act prohibiting the taking of any steps specified in the condition, except with the approval of the Society.
Section 13B(1)

Reference to an application to the Tribunal under section 47 is to be read as a reference to an application to the Tribunal under paragraph 15(2) of Schedule 14 to the 1990 Act.

Reference to a practising certificate is to be read as reference to a foreign lawyer’s registration.

The provision is to be read as if reference to a sole solicitor endorsement were omitted.

Section 13B(6)

Reference to suspension of a solicitor from practice is to be read as reference to the suspension of a foreign lawyer’s registration.

The provision is to be read as if reference to practice as a sole solicitor were omitted.

Section 13B(8)(b)

Reference to a certificate is to be read as reference to a foreign lawyer’s registration.

The provision is to be read as if reference to a sole solicitor endorsement were omitted.

Section 16(3)

Reference to suspension of a solicitor’s practising certificate is to be read as reference to the suspension of a foreign lawyer’s registration.

Reference to expiry of a certificate is to be read as reference to the expiry of a foreign lawyer’s registration.

Section 16(3)(b)Reference to section 15(1) is to be read as a reference to paragraph 10(1) of Schedule 14 to the 1990 Act.
Section 32(4)The provision is to be read as if the reference to an employee of a solicitor were omitted.
Section 44B(3)(b)

The provision is to be read as if the reference to an employee of a solicitor were omitted.

Reference to a failure to comply with any requirements imposed by or by virtue of the 1974 Act or any rules made by the Society is to be read as a reference to a failure to comply with any requirements imposed by or by virtue of that Act, the 1990 Act or any rules made by the Society.

Section 44C(2)(b)Reference to a failure or apprehended failure to comply with any requirement imposed by or by virtue of the 1974 Act or any rules made by the Society is to be read as a reference to a failure to comply with any requirement imposed by or by virtue of that Act, the 1990 Act or any rules made by the Society.
Section 44D(1)(a)

The provision is to be read as if the reference to an employee of a solicitor were omitted.

Reference to a failure to comply with a requirement imposed by or by virtue of the 1974 Act or any rules made by the Society is to be read as a reference to a failure to comply with a requirement imposed by or by virtue of that Act, the 1990 Act or any rules made by the Society.

Section 44E(4)(d)Reference to the matters mentioned in paragraphs (a) to (d) of section 47(2) is to be read as a reference to the matters mentioned in paragraph 15(4)(a) to (c) of Schedule 14 to the 1990 Act.
Section 47(1)(c)

Reference to a former solicitor is to be read as a reference to a foreign lawyer who was formerly on the register.

Reference to removal of a solicitor’s name from the roll or striking a solicitor’s name off the roll is to be read as a reference to removal of a foreign lawyer’s name from the register or striking the name of a foreign lawyer off the register of foreign lawyers.

Paragraphs 15(1), 16 and 17 of Schedule 14 to the 1990 Act apply in relation to an application under section 47(1)(c) as applied to registered foreign lawyers.

Section 84

Reference to a practising certificate is to be read as reference to registration in the register of foreign lawyers.

Reference to any notice or other document required or authorised by or by virtue of the 1974 Act is to be read as a reference to any notice or other document required or authorised by or by virtue of the 1974 Act or the 1990 Act.

Reference to a practising solicitor is to be read as a reference to a registered foreign lawyer.

Paragraph 1(1) of Schedule 1

Reference to the powers conferred by Part 2 of the Schedule is to be read as reference to the powers conferred by Part 2 of the Schedule as they apply to registered foreign lawyers by virtue of paragraph 5(1), (2) and (6) to (9) of Schedule 14 to the 1990 Act.

The provision is to be read as if the reference to sections 32 and 37(2)(c) were omitted.

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