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.