|
| |
|
107 | In paragraph 26 of that Schedule (taxations with respect to contentious |
| |
| |
(a) | in the paragraph heading for “Taxations” substitute “Assessments”, |
| |
(b) | the existing paragraph becomes sub-paragraph (1) and in that sub- |
| |
| 5 |
(i) | for “taxation” substitute “assessment”, |
| |
(ii) | for “taxing officer” substitute “costs officer”, |
| |
(iii) | after “the body” (in the second place) insert “or any manager |
| |
or employee of the body”, and |
| |
(iv) | for “any solicitor, being an officer” substitute “any authorised |
| 10 |
person, being a manager”, and |
| |
(c) | after that sub-paragraph insert— |
| |
“(2) | In this paragraph “authorised person” means an |
| |
authorised person, in relation to an activity which is a |
| |
reserved legal activity, within the meaning of the Legal |
| 15 |
| |
108 | In paragraph 28 (power of court to order recognised body to pay over |
| |
clients’ money) after “client” (in the third place) insert “or any manager or |
| |
employee of such a body”. |
| |
109 | For paragraph 29 of that Schedule (actions to recover costs) substitute— |
| 20 |
“29 (1) | Subsection (2A) of section 69 of the 1974 Act shall have effect in |
| |
relation to a bill of costs delivered by a recognised body as if for |
| |
paragraphs (a) and (b) there were substituted— |
| |
“(a) | signed on behalf of the recognised body by any manager or |
| |
employee of the body authorised by it to do so, or |
| 25 |
(b) | enclosed in, or accompanied by, a letter which is so signed |
| |
| |
(2) | Subsection (2E) of that section shall have effect in relation to such |
| |
a bill as if for “the solicitor” there were substituted “the recognised |
| |
| 30 |
110 | In paragraph 30 (power of Society to inspect files relating to certain |
| |
proceedings), for paragraph (b) substitute— |
| |
“(b) | for the appointment of an administrative receiver within |
| |
the meaning of section 251 of the Insolvency Act 1986; or”. |
| |
111 | In paragraph 31 of that Schedule (bank accounts)— |
| 35 |
| |
(b) | after “bank” insert “or building society”. |
| |
112 | After that paragraph insert— |
| |
“31A | Where rules made under section 32(1) of the 1974 Act are applied |
| |
to managers or employees in accordance with section 9(2)(fb) of |
| 40 |
this Act, section 85 of the 1974 Act shall apply in relation to a |
| |
manager or employee to whom the rules are applied who keeps an |
| |
account with a bank or building society in pursuance of any such |
| |
rules as it applies in relation to a solicitor who keeps such an |
| |
account in pursuance of rules under section 32.” |
| 45 |
|
| |
|
| |
|
113 (1) | Paragraph 32 of that Schedule (intervention by Society) is amended as |
| |
| |
(2) | In sub-paragraph (1)(a)— |
| |
(a) | for “Council are” substitute “Society is”, |
| |
(b) | after “recognised body” insert “or a manager of such a body”, and |
| 5 |
(c) | for “it” substitute “the body or manager”. |
| |
(3) | Omit sub-paragraph (1)(b). |
| |
(4) | For sub-paragraph (1)(c) substitute— |
| |
“(c) | a relevant insolvency event occurs in relation to a |
| |
| 10 |
(5) | In sub-paragraph (1)(d)— |
| |
(a) | for “Council have” substitute “Society has”, |
| |
(b) | for “officer” substitute “manager”, and |
| |
(c) | for “that body’s” to the end substitute— |
| |
“(i) | that body’s business, |
| 15 |
(ii) | any trust of which that body is or was a |
| |
| |
(iii) | any trust of which the manager or |
| |
employee is or was a trustee in his capacity |
| |
as such a manager or employee, or |
| 20 |
(iv) | the business of another body in which the |
| |
manager or employee is or was a manager |
| |
or employee or the practice (or former |
| |
practice) of the manager or employee; or”. |
| |
(6) | After sub-paragraph (1)(d) insert— |
| 25 |
“(e) | the Society is satisfied that it is necessary to exercise the |
| |
powers conferred by Part 2 of Schedule 1 to the 1974 Act |
| |
(or any of them) in relation to a recognised body to |
| |
| |
(i) | the interests of clients (or former or potential |
| 30 |
clients) of the recognised body, |
| |
(ii) | the interests of the beneficiaries of any trust of |
| |
which the recognised body is or was a trustee, or |
| |
(iii) | the interests of the beneficiaries of any trust of |
| |
which a person who is or was a manager or |
| 35 |
employee of the recognised body is or was a trustee |
| |
in that person’s capacity as such a manager or |
| |
| |
(7) | After sub-paragraph (1) insert— |
| |
“(1A) | For the purposes of this paragraph a relevant insolvency event |
| 40 |
occurs in relation to a recognised body if— |
| |
(a) | a resolution for a voluntary winding-up of the body is |
| |
passed without a declaration of solvency under section 89 |
| |
of the Insolvency Act 1986; |
| |
(b) | the body enters administration within the meaning of |
| 45 |
paragraph 1(2)(b) of Schedule B1 to that Act; |
| |
|
| |
|
| |
|
(c) | an administrative receiver within the meaning of section |
| |
251 of that Act is appointed; |
| |
(d) | a meeting of creditors is held in relation to the body under |
| |
section 95 of that Act (creditors’ meeting which has the |
| |
effect of converting a members’ voluntary winding up into |
| 5 |
a creditors’ voluntary winding up); |
| |
(e) | an order for the winding up of the body is made.” |
| |
(8) | Omit sub-paragraph (2). |
| |
114 | For paragraph 33 of that Schedule (further grounds for intervention)— |
| |
(a) | for paragraph (a) substitute— |
| 10 |
“(a) | the Society is satisfied that there has been undue |
| |
| |
(i) | on the part of a recognised body in |
| |
connection with any matter in which it is or |
| |
was acting on behalf of a client or with any |
| 15 |
trust of which it is or was a trustee, or |
| |
(ii) | on the part of a person who is or was a |
| |
manager or employee of a recognised body |
| |
in connection with any trust of which the |
| |
manager or employee is or was a trustee in |
| 20 |
his capacity as such a manager or |
| |
| |
(b) | in paragraph (c) for “Council regard” substitute “Society regards”. |
| |
115 | In paragraph 34 of that Schedule (powers of intervention on revocation of |
| |
recognition etc), in subsection (1) omit “corporate” (in both places). |
| 25 |
116 | In paragraph 35 of that Schedule (provision relating to the application of |
| |
Part 2 of Schedule 1 to the Solicitors Act 1974)— |
| |
(a) | in paragraph (a) omit “corporate”, and |
| |
(b) | omit “and” at the end of paragraph (b) and after paragraph (c) |
| |
| 30 |
“(d) | paragraph 6(2)(a) of that Schedule is to be |
| |
construed as including a reference to sums of |
| |
money held by or on behalf of the recognised body |
| |
in connection with any trust of which a person who |
| |
is or was a manager or employee of the recognised |
| 35 |
body is or was a trustee in his capacity as such a |
| |
| |
(e) | paragraph 9 of that Schedule is to be construed— |
| |
(i) | as if sub-paragraph (1) included a reference |
| |
to documents in the possession or under the |
| 40 |
control of the recognised body in |
| |
connection with any trust of which a person |
| |
who is or was a manager or employee of the |
| |
recognised body is or was a trustee in his |
| |
capacity as such a manager or employee, |
| 45 |
| |
(ii) | as applying to such a manager or employee |
| |
and documents and property in his |
| |
possession or under his control in |
| |
connection with such a trust as it applies to |
| 50 |
|
| |
|
| |
|
a solicitor and documents and property in |
| |
the possession or under the control of the |
| |
| |
(f) | paragraph 11(1) of that Schedule is to be construed |
| |
as including a power for the Society to apply to the |
| 5 |
High Court for an order for the appointment of a |
| |
new trustee to a trust in substitution for a person |
| |
who is a trustee, in his capacity as a manager or |
| |
employee of the recognised body; and |
| |
(g) | paragraph 13A of that Schedule is to be read as if |
| 10 |
the references to a former partner were |
| |
| |
(i) | in the case of a recognised body which is a |
| |
partnership, to a former partner in the |
| |
| 15 |
(ii) | in any other case to a manager or former |
| |
manager of the recognised body.” |
| |
117 | In paragraph 36 of that Schedule (privilege from disclosure etc) in sub- |
| |
paragraph (3) for “an officer” substitute “a manager”. |
| |
| 20 |
The Courts and Legal Services Act 1990 (c. 41) |
| |
118 | The Courts and Legal Services Act 1990 is amended in accordance with this |
| |
| |
119 | In section 89 (foreign lawyers: recognised bodies and partnerships with |
| |
| 25 |
(a) | for subsection (3)(a)(iv) substitute— |
| |
“(iv) | sections 36 and 36A (compensation grants); |
| |
| |
(b) | in subsection (5) for “Secretary of State” substitute “Lord |
| |
| 30 |
(c) | in paragraph (a) of that subsection for “the commencement of this |
| |
section” substitute “or in the same Session as the Legal Services Act |
| |
| |
(d) | in subsection (6) for “Secretary of State” substitute “Lord |
| |
| 35 |
(e) | in subsection (7) for “Secretary of State” (in both places) substitute |
| |
| |
(f) | in paragraph (a) of that subsection for “the commencement of this |
| |
section” substitute “or in the same Session as the Legal Services Act |
| |
| 40 |
(g) | after subsection (8) insert— |
| |
“(8A) | Rules and regulations made by the Law Society under, or by |
| |
virtue of, this section or Schedule 14 which are not regulatory |
| |
arrangements within the meaning of the Legal Services Act |
| |
2007 are to be treated as such arrangements for the purposes |
| 45 |
| |
|
| |
|
| |
|
120 | Schedule 14 to that Act (foreign lawyers: partnerships and recognised |
| |
bodies) is amended as follows. |
| |
121 | In paragraph 1 (interpretation) omit the definitions of “the Council” and |
| |
| |
122 | In paragraph 2 (application for registration)— |
| 5 |
(a) | for “Council” in each place substitute “Society”, |
| |
(b) | in sub-paragraph (1)(b) for “the Master of the Rolls” substitute “the |
| |
| |
(c) | in sub-paragraph (2) for “Law Society” substitute “Society”, |
| |
(d) | omit sub-paragraph (3), |
| 10 |
(e) | in sub-paragraph (4)— |
| |
(i) | for “Master of the Rolls” substitute “Legal Services Board”, |
| |
| |
(ii) | in paragraph (a) after “including” insert “the form of the |
| |
| 15 |
(f) | in that sub-paragraph, after paragraph (b) insert “and |
| |
(c) | the making available to the public of the |
| |
information contained in the register (including the |
| |
manner in which, and hours during which, the |
| |
information is to be made so available and whether |
| 20 |
the information is to be made available free of |
| |
| |
(g) | omit sub-paragraph (5). |
| |
123 | After paragraph 2 insert— |
| |
“2A (1) | The Society may direct that a foreign lawyer’s registration is to |
| 25 |
have effect subject to such conditions as the Society thinks fit to |
| |
| |
(2) | A direction under sub-paragraph (1) may be given in respect of a |
| |
| |
(a) | at the time he is first registered, or |
| 30 |
(b) | at any time when the registration has effect.” |
| |
124 | In paragraph 3 (duration of registration) in sub-paragraphs (2) and (3)(c) for |
| |
“Council” substitute “Society”. |
| |
125 | In paragraph 5 (intervention in practices)— |
| |
(a) | in sub-paragraph (3)(a) and (b)— |
| 35 |
(i) | for “Council have” substitute “Society has”, and |
| |
(ii) | omit “by virtue of his being a member of that partnership”, |
| |
(b) | after sub-paragraph (3)(b) insert— |
| |
“(ba) | the Society has reason to suspect dishonesty on the |
| |
part of the registered foreign lawyer (“L”) in |
| 40 |
| |
(i) | the business of any person of whom L is or |
| |
was an employee, or of any body of which |
| |
L is or was a manager, or |
| |
(ii) | any business which is or was carried on by |
| 45 |
| |
(c) | in sub-paragraph (3)(c) for “Council are” substitute “Society is”, |
| |
|
| |
|
| |
|
(d) | after sub-paragraph (3)(e) insert— |
| |
“(ea) | the Society is satisfied that he has abandoned his |
| |
| |
(e) | in sub-paragraph (3)(i)— |
| |
(i) | for “Council are” substitute “Society is”, and |
| 5 |
(ii) | for “an officer” (in both places) substitute “a manager”, |
| |
(f) | after that sub-paragraph insert— |
| |
“(j) | the Society is satisfied that it is necessary to exercise |
| |
the intervention powers (or any of them) in relation |
| |
to the registered foreign lawyer to protect— |
| 10 |
(i) | the interests of clients (or former or |
| |
potential clients) of the registered foreign |
| |
lawyer or the multi-national partnership, or |
| |
(ii) | the interests of the beneficiaries of any trust |
| |
of which the registered foreign lawyer is or |
| 15 |
| |
(g) | omit sub-paragraph (4), |
| |
(h) | in sub-paragraph (5)(a) for “a complaint is made to the Society” |
| |
substitute “the Society is satisfied”, |
| |
(i) | in sub-paragraph (5)(a)(ii) for “controlled trust” substitute “trust”, |
| 20 |
(j) | in sub-paragraph (5)(c) for “Council regard” substitute “Society |
| |
| |
(k) | after sub-paragraph (9) insert— |
| |
“(10) | In this paragraph “manager”, in relation to a recognised |
| |
body, has the same meaning as in the Legal Services Act |
| 25 |
2007 (see section 208 of that Act).” |
| |
126 | For paragraph 6 (compensation fund) substitute— |
| |
“6 | Section 36 of the 1974 Act applies in relation to registered foreign |
| |
lawyers as if for paragraphs (a) and (b) of subsection (1) there were |
| |
| 30 |
“(a) | an act or omission of a registered foreign lawyer or former |
| |
registered foreign lawyer; |
| |
(b) | an act or omission of an employee or former employee of a |
| |
registered foreign lawyer or former registered foreign |
| |
| 35 |
127 | For paragraph 7 (contributions to fund) substitute— |
| |
“7 | Section 36A(2) and (3) of the 1974 Act applies in relation to |
| |
registered foreign lawyers as it applies in relation to solicitors.” |
| |
128 | For paragraph 8 (accountants’ reports) substitute — |
| |
“8 | Section 34 of the Act of 1974 applies in relation to registered |
| 40 |
foreign lawyers as it applies in relation to solicitors.” |
| |
129 | In paragraph 14 (appeal against conditions or refusals)— |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “Master of the Rolls” substitute “High Court”, and |
| |
(ii) | for “2(3)” substitute “2A”, |
| 45 |
(b) | omit sub-paragraph (2), |
| |
|
| |
|
| |
|
(c) | in sub-paragraph (3)— |
| |
| |
(ii) | for “Master of the Rolls” substitute “High Court”, and |
| |
(iii) | for “he” substitute “it”, and |
| |
(d) | after that sub-paragraph insert— |
| 5 |
“(4) | In relation to an appeal under this paragraph the High |
| |
Court may make such order as it thinks fit as to payment |
| |
| |
(5) | The decision of the High Court on an appeal under this |
| |
paragraph shall be final.” |
| 10 |
130 | In paragraph 15 (jurisdiction and powers of disciplinary tribunal)— |
| |
(a) | after sub-paragraph (3) insert— |
| |
“(3A) | Any person who alleges that a registered foreign lawyer |
| |
has knowingly acted in contravention of any order under |
| |
section 43(2) of the Act of 1974 or of any conditions subject |
| 15 |
to which a permission has been granted under such an |
| |
order may make a complaint to the Tribunal.”, |
| |
(b) | in sub-paragraph (4)(c), omit “not exceeding £5,000”, and |
| |
(c) | omit sub-paragraph (5). |
| |
131 | In paragraph 16(2) (foreign lawyers assisting Tribunal) for “Master of the |
| 20 |
Rolls” substitute “Legal Services Board”. |
| |
132 | In paragraph 17 (appeals from Tribunal)— |
| |
(a) | in sub-paragraph (1) for “lie—” to the end substitute “lie to the High |
| |
| |
(b) | in sub-paragraph (2)— |
| 25 |
(i) | omit “and the Master of the Rolls”, and |
| |
(ii) | for “they” substitute “it”, |
| |
(c) | in sub-paragraph (3) for “of the Master of the Rolls on an appeal |
| |
under this paragraph” substitute “of the High Court on an appeal in |
| |
the case of an order on an application under paragraph 15(2)(d) or |
| 30 |
(e), or the refusal of any such application,”, and |
| |
(d) | omit sub-paragraph (4). |
| |
| |
| |
| |
| 35 |
Administration of Justice Act 1985 (c. 61) |
| |
1 | Part 2 of the Administration of Justice Act 1985 (licensed conveyancing) is |
| |
amended in accordance with this Part. |
| |
2 | In section 11 (provision of conveyancing services by licensed |
| |
| 40 |
|
| |
|