Courts and Legal Services Act 1990 (c. 41)

SCHEDULES

SCHEDULE 14 E+W Foreign Lawyers: Partnerships and Recognised Bodies

Part I E+W Registration

General E+W

1 E+W In this Schedule—

• “the Act of 1974” means the Solicitors Act 1974;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the register” means the register maintained by the Society under section 89;

• “registration” means registration in that register;

• “the Society” means the Law Society; and

• “the Tribunal” means the Solicitors Disciplinary Tribunal.

Textual Amendments

F1 Sch. 14 para. 1: definitions of "the Council" and "controlled trust" repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 127, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(iii)(f)(vi)(dd)

Commencement Information

I1 Sch. 14 para. 1 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Application for registration E+W

2 (1) An application for registration or for renewal of registration— E+W

(a) shall be made to the Society in such form as the [F2 Society] may prescribe; and

(b) shall be accompanied by such fee as the [F2 Society] may, with the concurrence of [F3 the Legal Services Board] , prescribe.

(2) Where such an application is duly made by a foreign lawyer, the [F4 Society] may register the applicant if it is satisfied that the legal profession of which the applicant is a member is one which is so regulated as to make it appropriate[F5 for members of that profession to be managers of recognised bodies.]

(3) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F2 Society] may make regulations, with the concurrence of the [F7 Legal Services Board] , with respect to—

(a) the keeping of the register (including [F8 the form of the register and] the manner in which entries are to be made, altered or removed); and

(b) applications for registration or renewal of registration.[F9 and

(c) the making available to the public of the information contained in the register (including the manner in which, and hours during which, the information is to be made so available and whether the information is to be made available free of charge).]

(5) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in Sch. 14 para. 2 substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(a) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(f)(j)(iii)

F3 Words in Sch. 14 para. 2(1)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

F4 Word in Sch. 14 para. 2(2) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(c)(i) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(f)(j)(iii)

F5 Words in Sch. 14 para. 2(2) substituted (30.6.2008) for Sch. 14 para. 2(2)(a)(b) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(c)(ii) (with ss. 29, 192, 193); S.I. 2008/1436, art. 2(d)(iii) (as amended by S.I. 2008/1591, art. 2)

F6 Sch. 14 para. 2(3) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 128(d), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)(c)(ii) (with art. 4)

F7 Words in Sch. 14 para. 2(4) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(e)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

F8 Words in Sch. 14 para. 2(4)(a) inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(e)(ii) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)

F9 Sch. 14 para. 2(4)(c) and preceding word inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 128(f) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)

F10 Sch. 14 para. 2(5) repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 128(g), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)(c)(ii) (with art. 4)

Modifications etc. (not altering text)

C1 Sch. 14 para. 2(1)(a) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

C2 Sch. 14 para. 2(1)(b) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(1) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

C3 Sch. 14 para. 2(3) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

C4 Sch. 14 para. 2(4) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37(3), Sch. 4 para. 1(4) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(5); S.I. 2009/1365, art. 2(a)(i))

C5 Sch. 14 para. 2(5) extended (22.5.2000) by S.I. 2000/1119 regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information

I2 Sch. 14 para. 2 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

[F11 2A (1) The Society may direct that a foreign lawyer's registration is to have effect subject to such conditions as the Society thinks fit to impose. E+W

(2) A direction under sub-paragraph (1) may be given in respect of a foreign lawyer

(a) at the time he is first registered, or

(b) at any time when the registration has effect.]

Textual Amendments

F11 Sch. 14 para. 2A inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 129 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(b)(i)

Duration of registration E+W

3 (1) Every registration shall have effect from the beginning of the day on which it is entered in the register. E+W

(2) The [F12 Society] may make regulations—

(a) prescribing the date (“the renewal date") by which each registered foreign lawyer must apply for his registration to be renewed; and

(b) requiring every entry in the register to specify the renewal date applicable to that registration.

(3) Any such regulations may—

(a) provide different renewal dates for different categories of registered foreign lawyer or different circumstances;

(b) provide for the Society to specify, in the case of individual registered foreign lawyers, different renewal dates to those prescribed by the regulations;

(c) make such transitional, incidental and supplemental provision in connection with any provision for different renewal dates as the [F12 Society] considers expedient.

(4) Where a foreign lawyer is registered, the Society may cancel his registration if—

(a) the renewal date for his registration has passed but he has not applied for it to be renewed; or

(b) he has applied to the Society for it to be cancelled.

Textual Amendments

F12 Words in Sch. 14 para. 3(2)(3)(c) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 130 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(f)(j)(iii)

Modifications etc. (not altering text)

C6 Sch. 14 para. 3(2) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37(3), Sch. 4 para. 1(4) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(5); S.I. 2009/1365, art. 2(a)(i))

C7 Sch. 14 para. 3(4) extended (22.5.2000) by S.I. 2000/1119, regs. 1(1), 37(3), Sch. 4 para. 5(2) (as amended (1.7.2009) by S.I. 2009/1587, art. 3(6); S.I. 2009/1365, art. 2(a)(i))

Commencement Information

I3 Sch. 14 para. 3 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.

Evidence as to registration E+W

4 E+W Any certificate purporting to be signed by an officer of the Society and stating that a particular foreign lawyer—

(a) is, or is not, registered; or

(b) was registered during a period specified in the certificate,

shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.

Commencement Information

I4 Sch. 14 para. 4 wholly in force at 14.10.1991 see s. 124(3) and S.I. 1991/1883, art. 3, Sch.