41(1)Section 41 (employment by solicitor of person struck off or suspended) is amended as follows.E+W
(2)After subsection (1A) insert—
“(1B)Where—
(a)a solicitor (“the employed solicitor”) is employed by another solicitor in accordance with a written permission granted under this section, and
(b)the employed solicitor is disqualified from practising as a solicitor by reason of a fact mentioned in subsection (1)(b) or (c),
section 20(1) does not apply in relation to anything done by the employed solicitor in the course of that employment.”
(3)In subsection (3)—
(a)for “Master of the Rolls who” substitute “ High Court which ”, and
(b)in paragraph (b) for “he” substitute “ it ”.
(4)In subsection (4) for “shall” to the end substitute “may—
(a)order that his name be struck off the roll,
(b)order that he be suspended from practice for such period as the Tribunal or court thinks fit, or
(c)make such other order in the matter as it thinks fit.”
(5)After that subsection insert—
“(4A)In relation to an appeal under subsection (3) the High Court may make such order as it thinks fit as to payment of costs.
(4B)The decision of the High Court on an appeal under subsection (3) shall be final.”
(6)Omit subsection (5).
Commencement Information
I1Sch. 16 para. 41(1)(2) in force at 31.3.2009 by S.I. 2009/503, art. 2(b)(i); Sch. 16 para. 41(3)-(6) in force at 1.7.2009 by S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)