Administration of Justice Act 1985

Restriction on employment of person struck off roll or suspended E+W

9 [F1 (1)] Section 41 of the 1974 Act (except subsection (4)) shall apply to a recognised body [F2 (and any manager or employee of it)] and its business as such as it applies to a solicitor and his practice as such. E+W

[F3 (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.]

Textual Amendments

F1 Sch. 2 para. 9 renumbered (31.3.2009) as Sch. 2 para. 9(1) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 96(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F2 Words in Sch. 2 para. 9(1) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 96(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F3 Sch. 2 para. 9(2)-(7) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 96(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

Modifications etc. (not altering text)

C1 Sch. 2 para. 9 extented (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), arts. 1(1), 6(a)

C2 Sch. 2 para. 9(3) applied (with modification) by S.I. 2000/1119, Sch. 4 para. 24(2) (as substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1), 3(17))

Commencement Information

I1 Sch. 2 para. 9 wholly in force at 1.1.1992 see s. 69(2) and S.I. 1991/2683, art. 2