SCHEDULES
SCHEDULE 14Foreign Lawyers: Partnerships and Recognised Bodies
Part IRegistration
General
1
In this Schedule—
“the Act of 1974” means the Solicitors Act 1974;
“controlled trust” means, in relation to a registered foreign lawyer who is a member of a multi-national partnership, a trust of which he is a sole trustee or co-trustee only with one or more of the employees or other partners of that partnership and of which he is a trustee by virtue of his being a member of that partnership;
“the Council” means the Council of the Law Society;
“the register” means the register maintained by the Society under section 89;
“registration” means registration in that register;
“the Society” means the Law Society; and
“the Tribunal” means the Solicitors Disciplinary Tribunal.
Application for registration
2
1
An application for registration or for renewal of registration—
a
shall be made to the Society in such form as the Council may prescribe; and
b
shall be accompanied by such fee as the Council may, with the concurrence of the Master of the Rolls, prescribe.
2
Where such an application is duly made by a foreign lawyer, the Law Society may register the applicant if it is satisfied that the legal profession of which the applicant is a member is one which is so regulated as to make it appropriate—
a
for solicitors to enter into multi-national partnerships with members of that profession; and
b
for members of that profession to be officers of recognised bodies.
3
Any registration may be made subject to such conditions as the Society sees fit to impose.
4
The Council may make regulations, with the concurrence of the Master of the Rolls, with respect to—
a
the keeping of the register (including the manner in which entries are to be made, altered or removed); and
b
applications for registration or renewal of registration.
5
The register may be kept by means of a computer.
Duration of registration
3
1
Every registration shall have effect from the beginning of the day on which it is entered in the register.
2
The Council may make regulations—
a
prescribing the date (“the renewal date”) by which each registered foreign lawyer must apply for his registration to be renewed; and
b
requiring every entry in the register to specify the renewal date applicable to that registration.
3
Any such regulations may—
a
provide different renewal dates for different categories of registered foreign lawyer or different circumstances;
b
provide for the Society to specify, in the case of individual registered foreign lawyers, different renewal dates to those prescribed by the regulations;
c
make such transitional, incidental and supplemental provision in connection with any provision for different renewal dates as the Council considers expedient.
4
Where a foreign lawyer is registered, the Society may cancel his registration if—
a
the renewal date for his registration has passed but he has not applied for it to be renewed; or
b
he has applied to the Society for it to be cancelled.
Evidence as to registration
4
Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—
a
is, or is not, registered; or
b
was registered during a period specified in the certificate,
shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.