The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024

PART 4 Amendments and modifications in relation to legal services professions

Amendment to the Solicitors Act 1974

24.  In section 49A of the Solicitors Act 1974(1) (appeals to the Tribunal instead of the High Court), in subsection (2), after paragraph (f) insert—

“(g) regulation 9B of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286).”.

Modifications to the Solicitors Act 1974

25.—(1) The Solicitors Act 1974(2) is modified as follows.

(2) Subject to paragraph (3) and (where relevant) the modifications specified in the Table in paragraph (4), the following provisions apply in relation to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers as they apply to a solicitor—

(a) section 31 (rules as to professional practice, conduct and discipline) except subsections (1B) and (1C);

(b) section 32 (accounts rules and trust accounts rules);

(c) section 33 (interest on clients’ money);

(d) section 33A (inspection of practice bank accounts etc);

(e) section 34 (accountants’ reports);

(f) section 35 (intervention in solicitor’s practice);

(g) section 36 (compensation grants);

(h) section 36A (compensation funds);

(i) section 37 (professional indemnity);

(j) section 44B (provision of information and documents by solicitors) except subsection (3)(d);

(k) section 44BA (power to require explanation of document or information);

(l) section 44BC (information offences);

(m) section 44C (power to charge for costs of investigations);

(n) section 44D (disciplinary powers of the Society) except subsections (10), (11) and (12);

(o) section 44E (appeals against disciplinary action under section 44D) except subsections (4)(e) and (5);

(p) section 47 (jurisdiction and powers of Tribunal) except subsections (2E) to (2H);

(q) section 48 (orders of Tribunal);

(r) section 49 (appeals from Tribunal) except subsections (3) and (5);

(s) section 50(2) and (3) (jurisdiction of Senior Courts over solicitors);

(t) section 51(procedure upon certain applications to High Court);

(u) section 52 (power of Society to draw up order of court);

(v) section 53 (production of order of court to Society);

(w) section 55 (applications to require solicitor to answer allegations);

(x) section 85 (bank accounts);

(y) Schedule 1 (intervention in solicitor’s practice) except paragraphs 1(1)(b), (ee) and (j) and 2.

(3) The application of section 47(1) (jurisdiction and powers of Tribunal) under paragraph (2)(p) in relation to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers does not affect—

(a) the ability of the Law Society to refuse to register, or to cancel the registration of, a Swiss qualified lawyer under regulation 9A(2)(b) of the 2023 Regulations (adaptation periods for Swiss qualified lawyers), or

(b) the ability of a Swiss qualified lawyer to appeal against that refusal or decision to cancel under regulation 9B(1) of the 2023 Regulations.

(4) Table

Provision of the Solicitors Act 1974	Modification
Section 34	Reference in section 34(10) to subsection 34(9) is to be read as including reference to that subsection as it has effect by virtue of paragraph 2(e) of this regulation.
Section 47	Reference in section 47(1)(a) and (e), (2)(a) and (f) to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration.
	Reference in section 47(1)(f), (2)(g) and (2)(h) to the roll is to be read as reference to the register of Swiss lawyers.
	Reference in section 47(1)(d), (2)(b) and (2)(e) to suspension from practice is to be read as reference to suspension from the register of Swiss lawyers.
	Reference in section 47(2A)(a) to another solicitor is to be read as reference to a Swiss qualified lawyer on the register of Swiss lawyers.
Section 48	Reference in section 48(2)(a) to the roll is to be read as reference to the register of Swiss lawyers.
Section 51	Reference in section 51(1) and (3)(b) to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration.
Section 52	Reference to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration.
Section 53	Reference to suspension from practice is to be read as reference to suspension from the register of Swiss lawyers.
	Reference to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration.
Section 55	Reference to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration.
Part 1 of Schedule 1	Reference in paragraph 1(1)(g) and paragraph 4 to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration.
	Reference in paragraph 1(1)(g) to a solicitor suspended from practice is to be read as reference to a Swiss qualified lawyer whose registration on the register of Swiss lawyers is suspended.
	Reference in paragraph 1(1)(k) to a person acting as a solicitor when they did not have a practising certificate which was in force is to be read as reference to a Swiss qualified lawyer acting as if they were on the register of Swiss lawyers when they were not registered.
	Reference in paragraph 1(1)(l) to a solicitor’s failure to comply with any condition subject to which his practising certificate was granted or otherwise has effect is to be read as reference to a Swiss qualified lawyer’s failure to comply with any conditions to which registration on the register of Swiss lawyers is subject.

Modification to the Estate Agents Act 1979

26.  Reference in section 1(2)(a) of the Estate Agents Act 1979(3) (estate agency work) to a practising solicitor is to be read as including reference to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers providing professional services in accordance with rules made under section 31 of the Solicitors Act 1974 or section 9 of the Administration of Justice Act 1985.

Modifications to the Administration of Justice Act 1985

27.—(1) The Administration of Justice Act 1985(4) is modified as follows.

(2) Sections 40 (legal aid complaints: preliminary)(5) and 43 (jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors)(6) apply to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers as they apply to a solicitor, subject to the modification in paragraph (3).

(3) Reference in section 40(1) to a person’s solicitor is to be read as reference to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers acting for a person.

Modification to the Legal Services Act 2007

28.  Reference in section 111A(3)(a) of the Legal Services Act 2007(7) (the Law Society’s information powers relating to economic crime) to a solicitor is to be read as including reference to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers.

Modification to enactments made under, and arrangements entered into pursuant to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012

29.—(1) This regulation applies to—

(a) any enactment made under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(8) (whenever made); and

(b) any arrangement entered into by the Lord Chancellor pursuant to section 2(1) of that Act (whenever entered into).

(2) In any enactment or arrangement to which this regulation applies—

(a) a reference to a solicitor is to be read as including a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers;

(b) a reference to a barrister is to be read as including a Swiss qualified lawyer on the General Council of the Bar’s register of Swiss lawyers;

(c) a reference to a person having a professional legal qualification is to be read as including a Swiss qualified lawyer on a register of Swiss lawyers.

Amendments to the Solicitors (Disciplinary Proceedings) Rules 2019

30.—(1) The Solicitors (Disciplinary Proceedings) Rules 2019(9) are amended as follows.

(2) In rule 3 (interpretation)(10), after paragraph (5), insert—

“(6) Reference in these Rules to registered Swiss qualified lawyers undertaking an adaptation period are references to those lawyers whose names were entered on the register of Swiss qualified lawyers undertaking an adaptation period maintained by the Society under regulation 9A of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.”.

(3) In rule 17(1) (applications for restoration and termination of indefinite suspension)(11)—

(a) in sub-paragraph (b)—

(i) after “restoration to” insert “the register of Swiss qualified lawyers undertaking an adaptation period,”;

(ii) after “removed from” for “either register” substitute “that register (whichever is relevant)”;

(b) in sub-paragraph (c), after “a solicitor,” insert “registered Swiss qualified lawyer undertaking an adaptation period,”.

(1)

1947 c. 47. Section 49A was inserted by paragraph 52 of Schedule 16 to the Legal Services Act 2007 (c. 29).

(2)

1974 c. 47, amended by section 147 of the Senior Courts Act 1981 (c. 54), sections 38 and 46 of the Criminal Justice Act 1982 (c. 48), sections 8, 44(3) and 69(5) of, and paragraph 13 of Schedule 1 and paragraph 9 of Schedule 9 to, the Administration of Justice Act 1985 (c. 61), sections 54 and 120 of, and paragraph 11(4) of Schedule 18 to, the Building Societies Act 1986 (c. 53), section 45 of, and paragraph 19(b) of Schedule 5 to, the Legal Aid Act 1988 (c. 34), sections 91 and 92 to the Courts and Legal Services Act 1990 (c. 41), paragraphs 1, 2, 3, 6 and 9 of Schedule 7 and Parts I and II of Schedule 15 to the Access to Justice Act 1999 (c. 22), article 3 of S.I. 2000/774, paragraph 21 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4), section 67(1) of, and paragraph 22 of Schedule 6 to, the Mental Capacity Act 2005 (c. 9), paragraphs 31, 32, 33, 34, 35, 37, 38, 44, 45, 46, 49, 50, 51 and 77 of Schedule 16 and Schedule 23 to the Legal Services Act 2007 (c. 29), section 91(1) of, and paragraph 98 of Schedule 12(3) to, the Postal Services Act 2011 (c. 5), paragraphs 3 and 4 of the Schedule to S.I. 2011/1716, paragraphs 8 and 9 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Schedule 1 to S.I. 2015/401, paragraph 18 of Schedule 1 to S.I. 2016/481, regulation 5 of, and paragraph 1 of the Schedule to, S.I. 2022/500, article 2 of S.I. 2022/701, section 207 of the Economic Crime and Corporate Transparency Act 2023 (c. 56), regulation 2 of, and paragraph 1 of the Schedule to, S.I. 2023/149. There are other amendments, but none is relevant.

(3)

1979 c. 38. There are amendments to section 1(2)(a) but none is relevant.

(4)

1985 c. 61.

(5)

Amended by section 45(1) of, and paragraph 17 of Schedule 5 to, the Legal Aid Act 1988 (c. 34), article 4(3) of S.I. 2000/774 and paragraph 28 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(6)

Amended by paragraph 36 of Schedule 4 and paragraph 1 of Schedule 15 to the Access to Justice Act 1999 (c. 22), article 4(5) of S.I. 2000/774, paragraph 84 of Schedule 16 to the Legal Services Act 2007 (c. 29), and paragraph 31 of Schedule 5(1) to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(7)

2007 c. 29. Section 111A was inserted by section 210 of the Economic Crime and Corporate Transparency Act 2023 (c. 56).

(8)

2012 c. 10.

(9)

S.I. 2019/1185.

(10)

Amended by rules 3 and 5 of S.I. 2020/462 and regulation 12 of, and paragraph 20(2) of the Schedule to, S.I. 2020/1342.

(11)

Amended by rule 10 of S.I. 2020/462.