SCHEDULES
SCHEDULE 16The Law Society, solicitors, recognised bodies and foreign lawyers
Part 2The Administration of Justice Act 1985 (c. 61)
I197
In paragraph 10 of that Schedule (failure to disclose striking off or suspension)—
a
the existing paragraph becomes sub-paragraph (1) of that paragraph,
b
in that sub-paragraph after “recognised body” insert “
(or any manager or employee of such a body)
”
, and
c
after that sub-paragraph insert—
2
It is an offence for a person (“P”) to whom sub-paragraph (3) applies—
a
to seek or accept from any person an interest in a recognised body, without previously informing that person (and, if different, the recognised body) that P is a person to whom that sub-paragraph applies, or
b
to seek or accept a position as a manager of a recognised body, without previously informing that body that P is such a person.
3
This sub-paragraph applies to a person—
a
who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or
b
in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll).
4
A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
Subsection (2) of section 42 of the 1974 Act applies in relation to an offence under sub-paragraph (2) as it applies in relation to an offence under that section.
6
For the purposes of sub-paragraph (2)(a) a person seeks or accepts an interest in a recognised body if the person seeks or accepts an interest which if it were obtained by the person would result in the person having an interest in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).