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

Article 3(2)

SCHEDULE 2AMENDMENTS TO SECONDARY LEGISLATION

1.  The 2000 Regulations are amended in accordance with this Schedule.

2.  In regulation 2(1) (interpretation)(1), 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 4(2)—

(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.”; and

(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.”; and

(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).