OpenLegislation

Paragraph 3

Original text. Later amendments are not shown.

In Schedule 4f1—

(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).

Annotations

Footnotes

f1

Schedule 4 is amended, in so far as relevant, by S.I. 2009/1587.