15E+WAfter section 13 insert—
“13ZAApplication to practise as sole practitioner while practising certificate in force
(1)A solicitor whose practising certificate for the time being in force (his “current certificate”) does not have a sole solicitor endorsement, may apply to the Society for such an endorsement.
(2)For the purposes of subsection (1) a practising certificate with a sole solicitor endorsement which is suspended is to be treated as having such an endorsement.
(3)A solicitor may not apply under subsection (1) if he is suspended from practice as a sole solicitor.
(4)An application must be—
(a)made in accordance with regulations under section 28, and
(b)accompanied by any fee payable under section 13ZB in respect of the endorsement applied for.
(5)Where a sole solicitor endorsement is granted to an applicant of a prescribed description, the applicant's practising certificate shall have effect subject to any conditions prescribed in relation to applicants of that description.
“Prescribed” means prescribed by regulations under section 28(3B)(f).
(6)A person who makes an application under this section may appeal to the High Court against—
(a)a decision to refuse the application, or
(b)a decision to impose a condition on a practising certificate in accordance with subsection (5).
(7)The Society may by rules make provision, as respects any application under this section that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this section in relation to the application as if it had been refused by the Society.
(8)On an appeal under this section the High Court may—
(a)affirm the decision of the Society,
(b)direct the Society to grant a sole solicitor endorsement,
(c)direct that the applicant's practising certificate is to have effect subject to such conditions (if any) as the High Court thinks fit, or
(d)make such other order as the High Court thinks fit.
(9)In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.
(10)The decision of the High Court on an appeal under this section shall be final.
13ZBFee payable on making of sole solicitor endorsement
(1)Before a sole solicitor endorsement is granted under section 13ZA, there must be paid to the Society in respect of the endorsement a fee of such amount as the Society may from time to time determine.
(2)Different fees may be specified for different categories of applicant and in different circumstances.
(3)If a fee payable under this section would not otherwise be a practising fee for the purposes of section 51 of the Legal Services Act 2007, it is to be treated for the purposes of that section as such a fee.
(4)In subsection (3) “practising fee” has the meaning given by that section.”
Commencement Information
I1Sch. 16 para. 15 wholly in force at 1.7.2009 see s. 211 and S.I. 2009/1365, art. 2(a)(ii) (subject to art. 3)