Courts and Legal Services Act 1990

The Administration of Justice Act 1985 (c. 61)

54 (1) Section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices) shall be amended as follows.

(2) In subsection (1)(a)—

(a) after the word “solicitors”, where it first occurs, there shall be inserted “or solicitors and one or more registered foreign lawyers”; and

(b) at the end there shall be inserted “or by multi-national partnerships”.

(3) In subsection (8), the following definitions shall be inserted at the appropriate places—

• “multi-national partnership” means a partnership whose members consist of one or more registered foreign lawyers and one or more solicitors;

• “registered foreign lawyer” means a person who is registered under section 89 of the Courts and Legal Services Act 1990.

55 In paragraph 10 of Schedule 2 to that Act (which extends the offence in section 42(1) of the Solicitors Act 1974 of seeking employment whilst struck off or suspended to employment by an incorporated practice) for the words “Section 42(1)” there shall be substituted “Section 42(1) and (1A)”.

56 In paragraph 13 of Schedule 2 to that Act (incorporated practices)—

(a) in sub-paragraph (1), for the words from “section” to “and (8))” there shall be substituted “Schedule 1A of the Act of 1974 (except paragraphs 5(1) and 9”; and

(b) in sub-paragraph (2), for the words “section 44A (1)(a)” there shall be substituted “paragraph 2(1)(a) of Schedule 1A to the Act of 1974”.

57 In Schedule 2 to that Act (incorporated practices), in paragraph 18 the following sub-paragraph shall be inserted after sub-paragraph (2)—

“(2A) Where, on the hearing of any application or complaint made to it under this Schedule, the Tribunal is satisfied that more than one allegation is proved against the recognised body to whom the application or complaint relates, it may impose a separate penalty (by virtue of sub-paragraph (2)(b)) with respect to each such allegation.”

58 In Schedule 6 to that Act (incorporated licensed conveyancers) the following shall be substituted for paragraph 4(3)—

“(3) Where it appears to the Council that the professional services provided by a recognised body in connection with any matter in which that body has been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of that body, the Council may take any step with respect to that recognised body as it could take under paragraphs 14 to 20 of Schedule 8 of the Courts and Legal Services Act 1990 with respect to a licensed conveyancer in similar circumstances.

(3A) Those paragraphs shall have effect (with the necessary modifications) with respect to any steps taken against the recognised body under this sub-paragraph as they have effect with respect to any steps taken with respect to a licensed conveyancer under paragraph 14 of that Schedule.”