SCHEDULE 2AMENDMENTS TO SECONDARY LEGISLATION
1
The 2000 Regulations are amended in accordance with this Schedule.
2
In regulation 2(1) (interpretation)34, before the definition of “solicitor” insert—
“sole practitioner” means a registered European lawyer who is the sole principal in a practice (other than an incorporated practice);
3
In Schedule 435—
a
in paragraph 1, after sub-paragraph (3) insert—
4
For the purpose of making rules under section 31 of the Solicitors Act 1974 and section 9 of the Administration of Justice Act 1985 by virtue of sub-paragraph (3)—
a
a reference to a sole solicitor is to be read as a reference to a sole practitioner; and
b
a reference to a recognised sole solicitor’s practice is to be read as a reference to a recognised sole practitioner’s practice (that is, to a sole practitioner’s practice for the time being recognised under section 9).
b
in paragraph 7—
i
in sub-paragraph (1), omit—
aa
“1B,”;
bb
“13ZA, 13ZB,”; and
cc
“17A, 17B,”; and
ii
omit sub-paragraph (1A)(b);
c
in paragraph 24—
i
in sub-paragraph (1)—
aa
after “The provisions of sections” insert “9(2F) to (2H) and (5), 10A,”; and
bb
for the words from “and for this purpose the reference to a person’s solicitor” to the end substitute—
and for this purpose—
a
the reference to a sole solicitor in sections 9 and 10A is to be read as a reference to a sole practitioner; and
b
the reference to a person’s solicitor in section 40(1) is to be read as a reference to a registered European lawyer acting for a person.
ii
for sub-paragraph (2), substitute—
2
The provisions of Schedule 2 to that Act apply to registered European lawyers as they apply to solicitors, and for that purpose—
a
reference to a sole solicitor is to be read as a reference to a sole practitioner;
b
reference to a recognised sole solicitor’s practice is to be read as a reference to a recognised sole practitioner’s practice (that is, to a sole practitioner’s practice for the time being recognised under section 9 of the 1985 Act);
c
reference to the roll is to be read as a reference to the register of European lawyers, and accordingly—
i
reference to a solicitor being suspended from practice is to be read as a reference to a European lawyer’s registration being suspended; and
ii
reference to a solicitor being struck off the roll is to be read as a reference to a European lawyer being struck off the register of European lawyers; and
d
reference to a person who is not a solicitor is to be read as a reference to a person who is neither a solicitor nor a registered European lawyer.
d
in the Table—
i
omit the whole of the entries for section 1B; section 9(2); section 10(4)(a); section 10A(2)(b); section 13(1)(b), (4)(b) and (f); section 13ZA(1); section 13ZA(1), (2), (5) and (8)(b); section 13ZA(3); section 13ZA(2), (5), (6)(b) and (8)(c); section 13ZB and section 13A(2)(a);
ii
in the entry for section 13B(1) and (8)(b), in the right hand column, omit the second sentence (which makes provision about sole solicitor endorsement);
iii
in the entry for section 13B(6), in the right hand column, omit—
aa
“or from practice as a sole solicitor”; and
bb
“or suspension of a sole solicitor endorsement”;
iv
omit the whole of the entries for section 17A and section 17B;
v
in the entry for section 28(1)(c) to (d), in the right hand column, omit the second sentence (which makes provision about sole solicitor endorsement);
vi
in the entry for section 28(3B) to (3G), in the right hand column, omit the second and fourth sentences (which both make provision about sole solicitor endorsement); and
vii
in the entry for section 47, in the right hand column, omit the third sentence (which makes provision about suspension from practice as a sole solicitor) and the fourth sentence (which makes provision about sole solicitor endorsement).