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The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015

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4.—(1) In any case where immediately before 1st November 2015 there is in force in relation to a sole solicitor a sole solicitor endorsement, then on and after that date the sole solicitor’s practice shall be treated as recognised by the Law Society under section 9 of the 1985 Act(1) as being suitable to undertake the provision of solicitor services and other relevant legal services (within the meaning of that section).

(2) The Law Society may direct in any case that recognition by virtue of paragraph (1) is to have effect subject to one or more conditions if—

(a)the case is of a kind prescribed for the purposes of section 9(2F) of the 1985 Act (as amended by this Order) by rules made by the Law Society; and

(b)the Law Society considers that it is in the public interest to do so.

(3) A direction by the Law Society in accordance with paragraph (2) only has effect if written notice of it is sent, with reasons, to the sole solicitor concerned—

(a)at least 28 days before 1st November 2015; or

(b)if the Law Society is satisfied on reasonable grounds that it is in the public interest to do so, such shorter period before that date as it may determine.

(4) A condition under paragraph (2) shall be treated as having been imposed under section 9(2F) of the 1985 Act (as amended by this Order).

(5) In any case where—

(a)before 1st November 2015, the Law Society had received an application for a sole solicitor endorsement, and

(b)immediately before that date, the Law Society had not yet granted (or refused) that application,

then, with effect from that date, that application shall be treated by the Law Society as an application for recognition of the sole solicitor’s practice under section 9 of the 1985 Act (as amended by this Order).

(1)

Section 9 was amended by paragraph 54 of Schedule 18, and Schedule 20, to the Courts and Legal Services Act 1990, Part 2 of Schedule 15 to the Access to Justice Act 1999, paragraphs 80 and 81 of Schedule 16 to the Legal Services Act 2007 and S.I. 2000/1119, 2001/1090 and 2011/1716.

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