SCHEDULE 1
Article 3(1)
AMENDMENTS TO PRIMARY LEGISLATION
PART 1
1. The 1974 Act is amended in accordance with this Part.
2. Omit section 1B (restriction on practice as sole solicitor).
3. In section 9 (applications for practising certificates)( 7), omit subsection (2).
4. In section 10 (the issue of practising certificates)( 8), in subsection (4)(a) omit the words from "(including" to the end.
5. In section 10A (register of holders of practising certificates)( 9), omit subsection (2)(b) (but not the "and" after it).
6. In section 13 (appeals etc in connection with the issue of practising certificates)( 10)-
(a) omit subsection (1)(b) (but not the "or" after it); and
(b) in subsection (4)-
(i) omit paragraph (b); and
(ii) omit paragraph (f) (but not the "or" after it).
7. Omit sections 13ZA (application to practise as sole practitioner while practising certificate in force) and 13ZB (fee payable on making of sole solicitor endorsement)( 11).
8. In section 13A (imposition of conditions while practising certificates are in force)( 12), omit subsection (2)(a) (and the "or" after it).
9. In section 13B (suspension of practising certificates where solicitors convicted of fraud or serious crime)( 13)-
(a) in subsection (1) omit "or sole solicitor endorsement";
(b) in subsection (6) omit "or from practice as a sole solicitor"; and
(c) in subsection (8)(b) for "or sole solicitor endorsement shall not be suspended, but that the appellant's certificate" substitute "shall not be suspended but".
10. Omit sections 17A (suspension of sole solicitor endorsement) and 17B (duration and publicity of suspension of sole solicitor endorsement)( 14).
11. In section 28 (regulations)( 15)-
(a) omit subsection (1)(ca); and
(b) in subsection (3B)-
(i) omit "or sole solicitor endorsements" (in each place); and
(ii) omit paragraph (f).
12. In section 31 (rules as to professional practice), after subsection (1A)( 16) insert-
"(1B) Rules under this section must provide that a solicitor may not practise as a sole solicitor unless there is in force in relation to that solicitor's practice a recognition under section 9 of the Administration of Justice Act 1985.
(1C) Rules under this section may provide that, for the purposes of the rules, this Act and the Administration of Justice Act 1985, a solicitor is not to be regarded as practising as a sole solicitor in such circumstances as may be prescribed by the rules.".
13. In section 47 (jurisdiction and powers of tribunal)( 17) omit-
(a) subsection (1)(ea); and
(b) subsection (2)(ba), (bb) and (ea).
14. In section 87 (interpretation)( 18)-
(a) at the end of the definition of "sole solicitor" insert "(other than an incorporated practice)"; and
(b) omit the definition of "sole solicitor endorsement".
15. In Schedule 1 (intervention in solicitor's practice) omit paragraph 1(1)(i)( 19).
PART 2
16. The 1985 Act is amended in accordance with this Part.
17. For the cross-heading before section 9 ("Incorporated practices") substitute "Legal services bodies and sole solicitors' practices".
18.-(1) Section 9 (incorporated practices) is amended as follows.
(2) For the heading ("Incorporated practices") substitute "Recognition of legal services bodies and of sole solicitors' practices".
(3) In subsection (1)-
(a) for paragraph (b) substitute -
"(b) prescribing the circumstances in which-
(i) legal services bodies may be recognised by the Society as being suitable bodies to undertake the provision of any solicitor services or other relevant legal services; and
(ii) sole solicitors' practices may be recognised by the Society as being suitable to undertake the provision of any such services;";
(b) in paragraph (c), after "bodies" insert "and sole solicitors' practices"; and
(c) in paragraph (d), after "bodies" insert "and sole solicitors' practices".
(4) In subsection (1A), after "recognised bodies" insert "and recognised sole solicitors' practices".
(5) In subsection (1B)(b), after "a recognised body," insert "or are employees in a recognised sole solicitor's practice,".
(6) In subsection (2)-
(a) in paragraph (ab), for "or descriptions of recognised body" substitute "recognised sole solicitors' practices, or descriptions of such bodies or practices";
(b) in paragraph (b), after "recognised bodies" insert "or recognised sole solicitors' practices;
(c) in paragraph (e), after "another body" insert ", or a sole solicitor's practice,";
(d) before paragraph (ea), insert-
"(eza) about the effect on the recognition of a sole solicitor's practice where the sole solicitor ceases to practise as a sole principal and-
(i) another sole solicitor succeeds that sole solicitor as sole principal in the practice; or
(ii) a body or another sole solicitor succeeds to the whole or substantially the whole of the practice's business;";
(e) in paragraph (ea)-
(i) after "bodies" insert "and sole solicitors' practices"; and
(ii) for "those bodies" substitute "them";
(f) in paragraph (f), after "recognised bodies" insert "or recognised sole solicitors' practices";
(g) in paragraphs (fa) and (fb), after "recognised bodies" (in each place) insert "or employees in recognised sole solicitors' practices";
(h) after paragraph (fc), insert-
"(fd) requiring the sole solicitor in a recognised sole solicitor's practice to appoint a person or persons to monitor compliance, by the sole solicitor and the...
