Administration of Justice Act 1985

Changes over time for: Paragraph 21

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21(1)Where—E+W

(a)any order is made by the Tribunal under section 47 of the 1974 Act in the case of a [F1manager] of a recognised body [F2or of the sole solicitor in a recognised sole solicitor’s practice] ; or

(b)an order is made by the High Court or the Court of Appeal that the name of a [F3manager] of a recognised body [F4, or of the sole solicitor in a recognised sole solicitor’s practice,] be struck off the roll or that such a [F3manager] [F5or sole solicitor] be suspended from practice as a solicitor; or

(c)any such order as is mentioned in paragraph (a) or (b) is made in the case of a person employed by a recognised body and the act or omission constituting the ground on which the order was made was instigated or connived at by a [F6manager] of the recognised body or, if the act or omission was a continuing act or omission, a [F6manager] of the body had or reasonably ought to have had knowledge of its continuance, [F7or

(d)any such order as is mentioned in paragraph (a) or (b) is made in the case of a person employed in a recognised sole solicitor’s practice and the act or omission constituting the ground on which the order was made was instigated or connived at by the sole solicitor, or, if the act or omission was a continuing act or omission, the sole solicitor had or reasonably ought to have had knowledge of its continuance,]

the Tribunal may, on an application made with respect to the recognised body [F8or the recognised sole solicitor’s practice] by or on behalf of the Society, by order revoke its recognition under section 9 of this Act.

(2)The Tribunal shall not take a case into consideration during any period within which proceedings by way of appeal may be brought which may result in sub-paragraph (1) being rendered inapplicable in that case, or while any such proceedings are pending.

(3)Any reference to a [F9manager] of a recognised body [F10, or to a sole solicitor in a recognised sole solicitor’s practice,] in any of paragraphs (a) to (c) of sub-paragraph (1) includes a reference to a person who was a [F9manager] of the body [F11, or the sole solicitor in the practice,] at the time of the conduct leading to the making of the order referred to in that paragraph.

[F12(4)The reference in paragraph (c) of sub-paragraph (1) to a person employed by a recognised body [F13, or in a sole solicitor’s practice,] includes a reference to a person who was so employed at the time of the conduct leading to the making of the order referred to in that paragraph.]

Textual Amendments

F1Word in Sch. 2 para. 21(1)(a) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 109(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F2Words in Sch. 2 para. 21(1)(a) inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(a)(i)

F3Words in Sch. 2 para. 21(1)(b) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 109(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F4Words in Sch. 2 para. 21(1)(b) inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(a)(ii), (aa)

F5Words in Sch. 2 para. 21(1)(b) inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(a)(ii), (bb)

F6Words in Sch. 2 para. 21(1)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 109(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F7Sch. 2 para. 21(1)(d) and word inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(a)(iii)

F8Words in Sch. 2 para. 21(1) inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(a)(iv)

F9Words in Sch. 2 para. 21(3) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 109(d) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F10Words in Sch. 2 para. 21(3) inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(b)(i)

F11Words in Sch. 2 para. 21(3) inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 20(13)(b)(ii)