Part 4The legal profession

Chapter 3Solicitors and other representatives

Removal of practising restrictions

I1124Practice rules for licensed providers

1

After section 33B of the 1980 Act insert—

33CLicensed legal services providers

1

Subsection (2) applies to any rule made under section 34 which prohibits or unduly restricts the—

a

involvement of solicitors in or with, or employment of solicitors by, licensed legal services providers,

b

provision of services by licensed providers, or

c

operation of licensed providers in other respects.

2

The rule is of no effect in so far as it does so (and for this purpose it is immaterial when the rule was made).

3

The reference in subsection (1)(a) to solicitors does not include a solicitor who is disqualified from practice by reason of having been—

a

struck off (or removed from) the roll, or

b

suspended from practice.

2

In addition—

a

in section 34 (rules as to professional practice, conduct and discipline) of the 1980 Act—

i

in subsection (1A)(f), for “, or incorporated practices which, are partners in or directors of multi-disciplinary practices” substitute “ have an interest in or are employed by (or otherwise within) licensed legal services providers ”,

ii

subsection (3A) is repealed,

b

in section 64A(1) of that Act, paragraph (b) and the word “; or” immediately preceding it are repealed,

c

in section 64B of that Act, the words “or such as is mentioned in section 34(3A)” are repealed,

d

in section 64D(6) of that Act, for “sections 25A(9) or (10) and 34(3A)” substitute “ section 25A(9) or (10) ”,

e

in section 65(1) of that Act—

i

the definition of “multi-disciplinary practice” is repealed,

ii

in the definition of “unqualified person”, the words “, other than a multi-disciplinary practice,” are repealed,

f

in section 17(23) of the 1990 Act—

i

paragraph (c) is repealed,

ii

the subsequent words “, multi-disciplinary practice” are repealed,

g

in paragraph 29(15) of Schedule 8 to that Act—

i

in head (c), the insertion (into section 65(1) of the 1980 Act) of the definition of “multi-disciplinary practice” is repealed,

ii

head (f) and the word “and” immediately preceding it are repealed.

3

Subject to section 33C of the 1980 Act, nothing in Part 2 affects the operation of any rule which regulates in respect of any matter the professional practice, conduct or discipline of solicitors.