SCHEDULES

I2C5 SCHEDULE 2F6Legal services practices: Supplementary Provisions

Annotations:
Commencement Information
I2

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

Amendments (Textual)
F6

Words in Sch. 2 heading substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 85 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

Modifications etc. (not altering text)
C5

Sch. 2 applied (with modifications) by SI 2000/1119 Sch. 4 para. 24(2) (as substituted (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. 2 para. 3(c)(ii))

Revocation of recognition by reason of default by director

I121

C11

Where—

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 F11or of the sole solicitor in a recognised sole solicitor’s practice ; or

C2C3C4b

an order is made by the High Court or the Court of Appeal that the name of a F2manager of a recognised body F9, or of the sole solicitor in a recognised sole solicitor’s practice, be struck off the roll or that such a F2managerF10or 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 F3manager of the recognised body or, if the act or omission was a continuing act or omission, a F3manager 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 F4manager of a recognised body F12, 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 F4manager of the body F13, 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.

F54

The reference in paragraph (c) of sub-paragraph (1) to a person employed by a recognised body F14, 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.