The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020

JurisdictionUK Non-devolved

2020 No. 462

Legal Profession, England And Wales

The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020

Made 27th April 2020

Coming into force 25th May 2020

The Solicitors Disciplinary Tribunal, in exercise of the powers conferred by section 46 of the Solicitors Act 19741, makes the following Rules.

The alterations contained in the Rules are exempt alterations for the purposes of section 178(2)(b) of the Legal Services Act 20072meaning that the alterations are approved for the purposes of that Act.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) These Rules may be cited as the Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020.

(2) These Rules come into force on 25th May 2020.

Amendments to the Solicitors (Disciplinary Proceedings) Rules 2019
S-2 Amendments to the Solicitors (Disciplinary Proceedings) Rules 2019

Amendments to the Solicitors (Disciplinary Proceedings) Rules 2019

2. The Solicitors (Disciplinary) Rules 20193are amended as follows.

Amendments to rule 3 (interpretation)

Amendments to rule 3 (interpretation)

S-3 In rule 3(1), in the definition of “a lay application” renumber...

3. In rule 3(1), in the definition of “a lay application” renumber sub-paragraphs (d) and (e) as (a) and (b).

S-4 In rule 3(4)(a)(i), for “exit day” substitute “IP completion...

4. In rule 3(4)(a)(i), for “exit day” substitute “IP completion day” in both places where those words occur.

S-5 In rule 3(5)— for “any period” substitute “the period”; for...

5. In rule 3(5)—

(a) for “any period” substitute “the period”;

(b) for “exit day” substitute “IP completion day”.

Amendment to rule 4 (the overriding objective)
S-6 Amendment to rule 4 (the overriding objective)

Amendment to rule 4 (the overriding objective)

6. In rule 4(2), for “will” substitute “must”.

Amendments to rule 5 (standard of proof)
S-7 Amendments to rule 5 (standard of proof)

Amendments to rule 5 (standard of proof)

7. In rule 5—

(a) for “will” substitute “must”;

(b) for “the standard applicable in civil proceedings” substitute “the civil standard of proof”.

Amendment to rule 14 (supplementary Statements)
S-8 Amendment to rule 14 (supplementary Statements)

Amendment to rule 14 (supplementary Statements)

8. In rule 14(1), for “paragraph (4)” substitute “paragraph (5)”.

Amendment to rule 16 (adjournment of application pending Law Society investigation)
S-9 Amendment to rule 16 (adjournment of application pending Law Society investigation)

Amendment to rule 16 (adjournment of application pending Law Society investigation)

9. In rule 16(1), for “panel” substitute “Tribunal”.

Amendment to rule 17 (applications for restoration and termination of indefinite suspension)
S-10 Amendment to rule 17 (applications for restoration and termination of indefinite suspension)

Amendment to rule 17 (applications for restoration and termination of indefinite suspension)

10. In rule 17(1), for “the Act” substitute “the 1974 Act”.

Amendment to rule 20 (standard directions)
S-11 Amendment to rule 20 (standard directions)

Amendment to rule 20 (standard directions)

11. In rule 20(3), for “will” substitute “may”.

Amendment to rule 22 (procedural applications)
S-12 Amendment to rule 22 (procedural applications)

Amendment to rule 22 (procedural applications)

12. In rule 22(3), for “paragraph 8(6)” substitute “rule 8(6)”.

Amendments to rule 26 (disclosure and discovery)
S-13 Amendments to rule 26 (disclosure and discovery)

Amendments to rule 26 (disclosure and discovery)

13.—(1) In rule 26(2), for “will only apply” substitute “only applies”.

(2) In rule 26(3), for “will not” substitute “does not”.

Amendment to rule 28 (written evidence)
S-14 Amendment to rule 28 (written evidence)

Amendment to rule 28 (written evidence)

14. In rule 28(3), for “the party on whom the notice was served” substitute “the party by whom the notice was...

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