SCHEDULES

SCHEDULE 14 Foreign Lawyers: Partnerships and Recognised Bodies

Part II Registered Foreign Lawyers:Supplementary Provisions

Intervention in practices

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1

In this paragraph “the intervention powers” means the powers conferred by Part II of Schedule 1 to the Act of 1974 (intervention in solicitors’ practices) as modified by this Schedule or under section 89.

2

Subject to sub-paragraphs (3) and (4), the intervention powers shall be exercisable in relation to a person who is or has been a registered foreign lawyer and the practice of the multi-national partnership of which he is or was a member as they are exercisable in relation to a solicitor and his practice.

3

The intervention powers are only exercisable where—

a

the Council have reason to suspect dishonesty on the part of the registered foreign lawyer, or on the part of an employee of the multi-national partnership, in connection with—

i

the practice of that partnership; or

ii

any trust of which the registered foreign lawyer is or was a trustee by virtue of his being a member of that partnership;

b

in the case of a registered foreign lawyer who has died, the Council have reason to suspect dishonesty on the part of his personal representative, in connection with—

i

the practice of the multi-national partnership; or

ii

any trust of which the registered foreign lawyer was a trustee by virtue of his being a member of that partnership;

c

the Council are satisfied that the registered foreign lawyer has failed to comply with rules made under section 32 or 37(2)(c) of the Act of 1974;

d

a bankruptcy order (as defined in paragraph 10(3)) has been made against him or he has made a composition or arrangement with his creditors;

e

he has been committed to prison in any civil or criminal proceedings;

f

the powers conferred by section 98 (emergency powers) or 99 (appointment of receiver) of the Mental Health Act 1983 have been exercised in respect of him;

g

his name has been struck off the register or his registration has been suspended or cancelled;

h

he has purported to act as a member of a multi-national partnership at a time when he was not registered;

i

the Council are satisfied that he has failed to comply with any condition, subject to which he is registered, to the effect that—

i

he may only be a member of a partnership which is approved by the Society; or

ii

he may only be an officer of a recognised body which is so approved; or

iii

he may only be such a member or such an officer.

4

The intervention powers shall only be exercisable under sub-paragraph (3)(c) if the Society has given the foreign lawyer notice—

a

that the Council are satisfied that he has failed to comply with rules specified in the notice; and

b

that the intervention powers are accordingly exercisable.

5

The intervention powers (other than those conferred by paragraphs 5 and 10 of Part II of Schedule 1 to the Act of 1974) shall also be exercisable where—

a

a complaint is made to the Society that there has been undue delay on the part of a registered foreign lawyer in connection with—

i

any matter in which he, or the multi-national partnership of which he is or was a member, was instructed on behalf of a client; or

ii

any controlled trust;

b

the Society by notice invites the registered foreign lawyer to give an explanation within a period (of not less than 8 days) specified in the notice;

c

the registered foreign lawyer fails within that period to give an explanation which the Council regard as satisfactory; and

d

the Society gives notice of the failure to the registered foreign lawyer and notice that the intervention powers are accordingly exercisable.

6

Where the intervention powers are exercisable in relation to a registered foreign lawyer, they shall continue to be exercisable—

a

at any time when his registration is suspended;

b

after his name has been struck off the register or his registration has been cancelled; or

c

after his death.

7

Part II of Schedule 1 to the Act of 1974 shall have effect in relation to the intervention powers exercisable by virtue of this Schedule, subject to—

a

any express modifications made under section 89; and

b

any modifications necessary in the light of this paragraph.

8

For the purposes of this paragraph, Part II of Schedule 1 to the Act of 1974 shall be read with paragraph 4(2) of Part I of that Schedule.

9

The notices required to be given by this paragraph must be in writing but need not be given at the same time.