SCHEDULES

SCHEDULE 16The Law Society, solicitors, recognised bodies and foreign lawyers

Part 2The Administration of Justice Act 1985 (c. 61)

I196

In paragraph 9 of that Schedule (restriction on employment of person struck off roll or suspended)—

a

the existing provision becomes sub-paragraph (1) and in that sub-paragraph after “recognised body” insert “ (and any manager or employee of it) ”, and

b

after that sub-paragraph insert—

2

No recognised body (or manager or employee of such a body) may, except in accordance with a written permission granted by the Society under this paragraph, permit a person to whom sub-paragraph (3) applies to—

a

be a manager of the body, or

b

have an interest in the body;

and for this purpose a person has an interest in the body if he has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).

3

This sub-paragraph applies to a person who to the knowledge of the recognised body (or, as the case may be, the manager or employee) is a person—

a

who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or

b

in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll).

4

Permission granted for the purposes of sub-paragraph (2) may be granted for such period and subject to such conditions as the Society thinks fit.

5

A person aggrieved by the refusal of the Society to grant permission under sub-paragraph (4), or by any conditions attached by the Society to the grant of any such permission may appeal to the High Court which may—

a

confirm the refusal or the conditions, as the case may be, or

b

grant a permission under this paragraph for such period and subject to such conditions as it thinks fit.

6

In relation to an appeal under sub-paragraph (5) the High Court may make such order as it thinks fit as to payment of costs.

7

The decision of the High Court on an appeal under sub-paragraph (5) is final.