SCHEDULE 2AMENDMENTS TO SECONDARY LEGISLATION

Article 3(2)

1

The 2000 Regulations are amended in accordance with this Schedule.

2

In regulation 2(1) (interpretation)34, before the definition of “solicitor” insert—

  • “sole practitioner” means a registered European lawyer who is the sole principal in a practice (other than an incorporated practice);

3

In Schedule 435—

a

in paragraph 1, after sub-paragraph (3) insert—

4

For the purpose of making rules under section 31 of the Solicitors Act 1974 and section 9 of the Administration of Justice Act 1985 by virtue of sub-paragraph (3)—

a

a reference to a sole solicitor is to be read as a reference to a sole practitioner; and

b

a reference to a recognised sole solicitor’s practice is to be read as a reference to a recognised sole practitioner’s practice (that is, to a sole practitioner’s practice for the time being recognised under section 9).

b

in paragraph 7—

i

in sub-paragraph (1), omit—

aa

“1B,”;

bb

“13ZA, 13ZB,”; and

cc

“17A, 17B,”; and

ii

omit sub-paragraph (1A)(b);

c

in paragraph 24—

i

in sub-paragraph (1)—

aa

after “The provisions of sections” insert “9(2F) to (2H) and (5), 10A,”; and

bb

for the words from “and for this purpose the reference to a person’s solicitor” to the end substitute—

and for this purpose—

a

the reference to a sole solicitor in sections 9 and 10A is to be read as a reference to a sole practitioner; and

b

the reference to a person’s solicitor in section 40(1) is to be read as a reference to a registered European lawyer acting for a person.

ii

for sub-paragraph (2), substitute—

2

The provisions of Schedule 2 to that Act apply to registered European lawyers as they apply to solicitors, and for that purpose—

a

reference to a sole solicitor is to be read as a reference to a sole practitioner;

b

reference to a recognised sole solicitor’s practice is to be read as a reference to a recognised sole practitioner’s practice (that is, to a sole practitioner’s practice for the time being recognised under section 9 of the 1985 Act);

c

reference to the roll is to be read as a reference to the register of European lawyers, and accordingly—

i

reference to a solicitor being suspended from practice is to be read as a reference to a European lawyer’s registration being suspended; and

ii

reference to a solicitor being struck off the roll is to be read as a reference to a European lawyer being struck off the register of European lawyers; and

d

reference to a person who is not a solicitor is to be read as a reference to a person who is neither a solicitor nor a registered European lawyer.

d

in the Table—

i

omit the whole of the entries for section 1B; section 9(2); section 10(4)(a); section 10A(2)(b); section 13(1)(b), (4)(b) and (f); section 13ZA(1); section 13ZA(1), (2), (5) and (8)(b); section 13ZA(3); section 13ZA(2), (5), (6)(b) and (8)(c); section 13ZB and section 13A(2)(a);

ii

in the entry for section 13B(1) and (8)(b), in the right hand column, omit the second sentence (which makes provision about sole solicitor endorsement);

iii

in the entry for section 13B(6), in the right hand column, omit—

aa

“or from practice as a sole solicitor”; and

bb

“or suspension of a sole solicitor endorsement”;

iv

omit the whole of the entries for section 17A and section 17B;

v

in the entry for section 28(1)(c) to (d), in the right hand column, omit the second sentence (which makes provision about sole solicitor endorsement);

vi

in the entry for section 28(3B) to (3G), in the right hand column, omit the second and fourth sentences (which both make provision about sole solicitor endorsement); and

vii

in the entry for section 47, in the right hand column, omit the third sentence (which makes provision about suspension from practice as a sole solicitor) and the fourth sentence (which makes provision about sole solicitor endorsement).