SCHEDULES

SCHEDULE 16The Law Society, solicitors, recognised bodies and foreign lawyers

Part 2The Administration of Justice Act 1985 (c. 61)

122

In paragraph 35 of that Schedule (provision relating to the application of Part 2 of Schedule 1 to the Solicitors Act 1974)—

(a)

in paragraph (a) omit “corporate”, and

(b)

omit “and” at the end of paragraph (b) and after paragraph (c) insert—

“(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.”