OpenLegislation

Paragraph 10 I1C1

England and Wales

F1(1)

F2Section 42(1) and (1A) of the 1974 Act shall apply in relation to employment by a recognised body F3(or any manager or employee of such a body) in connection with its business as it applies in relation to employment by a solicitor in connection with his practice.

F4(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.

C2(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).

Annotations

Textual amendments

F1

Sch. 2 para. 10 renumbered (31.3.2009) as Sch. 2 para. 10(1) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 97(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F2

Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), sS. 124(2)(C), 125(3), Sch. 18 para. 55

F3

Words in Sch. 2 para. 10(1) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 97(b) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

F4

Sch. 2 para. 10(2)-(6) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 97(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

Modifications

C1

Sch. 2 para. 10 extented (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), arts. 1(1), 6(b)

C2

Sch. 2 para. 10(3) applied (with modification) by S.I. 2000/1119, Sch. 4 para. 24(2) (as substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1), 3(17))

Commencement

I1

Sch. 2 para. 10 wholly in force at 1.1.1992 see s. 69(2) and S.I. 1991/2683, art. 2

Notes on Schedule 2

Textual amendments

F1

Words in Sch. 2 heading substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 85 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii)

Modifications

C1

Sch. 2 applied (with modifications) by SI 2000/1119 Sch. 4 para. 24(2) (as substituted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 2 para. 3(c)(ii))

Commencement

I1

Sch. 2 wholly in force at 1.1.1992 see s. 69(2) and S.I. 1991/2683, art. 2