SCHEDULES

SCHEDULE 2Legal services practices: Supplementary Provisions

Intervention by Society

35

In connection with the application of Part II of Schedule 1 to the 1974 Act for the purposes of this Schedule, in that Part of that Schedule—

(a)

any reference to the solicitor or to his practice shall be construed as including a reference to the body F1. . . in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 32, F232A, 33 or 34(1) of this Schedule or to its business (or former business) as a recognised body;

(b)

any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 32 or 34(1) of this Schedule; F3. . .

F4(ba)

any reference to paragraph 2 of that Schedule shall be construed as including a reference to paragraph 32A of this Schedule;

(c)

any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 33 of this Schedule.

F5(d)

paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was a manager of the recognised body is or was a trustee in his capacity as such a manager;

(e)

paragraph 9 of that Schedule is to be construed—

(i)

as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in his capacity as such a manager or employee, and

(ii)

as applying to such a manager or employee and documents and property in his possession or under his control in connection with such a trust as it applies to a solicitor and documents and property in the possession or under the control of the solicitor;

(f)

paragraph 11(1) of that Schedule is to be construed as including a power for the Society to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee, in his capacity as a manager or employee of the recognised body; and

(g)

paragraph 13A of that Schedule is to be read as if the references to a former partner were references—

(i)

in the case of a recognised body which is a partnership, to a former partner in the partnership, and

(ii)

in any other case to a manager or former manager of the recognised body.