Legalize / United Kingdom / Public General Act

Legal Services Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2025-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(13) (1) A person who makes an application under section 9 may appeal to the High Court against— (a) a decision to refuse the application for a practising certificate, (b) if the application included an application for a sole solicitor endorsement, a decision to refuse the application for the endorsement, or (c) a decision to impose a condition on a practising certificate issued in consequence of the application. (2) A person who holds a practising certificate subject to a condition within section 10(4)(b) may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition. (3) The Society may make rules which provide, as respects any application under section 9 that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this section in relation to the application as if it had been refused by the Society. (4) On an appeal under subsection (1), the High Court may— (a) affirm the decision of the Society, (b) direct the Society to make a sole solicitor endorsement on the applicant's practising certificate and to issue that certificate subject to such conditions (if any) as the High Court may think fit, (c) direct the Society to issue a certificate to the applicant free from conditions or subject to such conditions as the High Court may think fit, (d) direct the Society not to issue a certificate, (e) if a certificate has been issued, by order suspend it, (f) if the certificate has been endorsed with a sole solicitor endorsement, by order suspend the endorsement, or (g) make such other order as the High Court thinks fit. (5) On an appeal under subsection (2), the High Court may— (a) affirm the decision of the Society, (b) direct the Society to approve the taking of one or more steps for the purposes of a condition within section 10(4)(b), or (c) make such other order as the High Court thinks fit. (6) In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs. (7) The decision of the High Court on an appeal under subsection (1) or (2) shall be final.

15

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16

(1) Section 13A (imposition of conditions while practising certificates are in force) is amended as follows.

(2) For subsections (2) to (5) substitute—

(2) The power conferred by subsection (1) is exercisable in relation to a solicitor at any time during the period for which the solicitor's current certificate is in force if— (a) under section 13ZA the Society grants a sole solicitor endorsement, or (b) it appears to the Society that the case is of a prescribed description. (3) “Prescribed” means prescribed by regulations under section 28.

(3) In subsection (6) for “Master” to the end substitute “ High Court against the decision of the Society. ”

(4) In subsection (7)—

(a) for “Master of the Rolls” (in both places) substitute “ High Court ”, and

(b) for “he” substitute “ it ”.

(5) After that subsection insert—

(7A) The decision of the High Court on an appeal under subsection (6) shall be final.

(6) For subsection (8) substitute—

(8) Subsections (4) and (5) of section 10 apply for the purposes of subsection (1) of this section as they apply for the purposes of that section.

(7) After that subsection insert—

(9) A solicitor who holds a practising certificate subject to a condition imposed under subsection (1) which prohibits that solicitor from taking any steps specified in the condition, except with the approval of the Society, may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition. (10) On an appeal under subsection (9), the High Court may— (a) affirm the decision of the Society, (b) direct the Society to approve the taking of one or more steps for the purposes of the condition, or (c) make such other order as the High Court thinks fit. (11) The decision of the High Court on an appeal under subsection (9) shall be final. (12) In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.

17

In section 13B (suspension of practising certificates where solicitors convicted of fraud or serious crime)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in subsection (8)—

(i) for “Master of the Rolls” (in both places) substitute “ High Court ”,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in paragraph (d) for “he” substitute “ it ”, and

(e) after that subsection insert—

(9) In relation to an appeal under subsection (7) the High Court may make such order as it thinks fit as to payment of costs. (10) The decision of the High Court on an appeal under subsection (7) shall be final.

18

Omit section 14 (commencement, expiry and replacement of practising certificates).

19

In section 15 (suspension of practising certificates), in subsection (1A)—

(a) after “6(1)” insert “ , 6A(1) ”,

(b) after “1(1)(a)(i),” insert “ (aa), ”, and

20

(1) Section 16 (duration of suspension of practising certificates) is amended as follows.

(2) For subsection (1) substitute—

(1) Where a practising certificate is suspended, it expires on such date as may be prescribed by regulations under section 28.

(3) In subsection (3)(c) for “the replacement date of the certificate” substitute “ the date on which his certificate will expire ”.

(4) In subsection (5)—

(a) for “Master of the Rolls, who” substitute “ High Court, which ”, and

(b) in paragraph (b) for “he” substitute “ it ”.

(5) After that subsection insert—

(6) In relation to an appeal under subsection (5) the High Court may make such order as it thinks fit as to payment of costs. (7) The decision of the High Court on an appeal under subsection (5) shall be final.

21

In section 17 (publicity in relation to suspension of practising certificates), in subsections (1) and (2) omit “in the London Gazette”.

22

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23

For section 18 (evidence as to holding of practising certificates) substitute—

(18) (1) An extract from the roll, or an extract from the register kept under section 10A, which is certified as correct by the Society is evidence of the matters mentioned in it. (2) A certificate from the Society stating that— (a) a person's name is or was on the roll, or (b) a person is or was registered in the register kept under section 10A, is evidence of the matters stated.

24

Omit section 19 (rights of practising and rights of audience).

25

For section 20 (unqualified person not to act as solicitor) substitute—

(20) (1) No unqualified person is to act as a solicitor. (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to imprisonment for not more than 2 years or to a fine, or to both.

26

Omit—

(a) sections 22 and 22A (unqualified person not to prepare certain instruments etc), and

(b) section 23 (unqualified person not to prepare papers for probate etc).

27

In section 24 (application of penal provisions to body corporate), in subsection (2) from “sections” to the end substitute “ section 20 the reference to an unqualified person and the reference to a person both include a reference to a body corporate. ”

28

In section 26 (time limit for commencement of certain proceedings) omit “, 22 or 23”.

29

Omit section 27 (saving for persons authorised to conduct legal proceedings).

30

(1) Section 28 (regulations) is amended as follows.

(2) In subsection (1)—

(a) for “Master of the Rolls” substitute “ Society ”,

(b) omit “, with the concurrence of the Secretary of State and the Lord Chief Justice,”,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in paragraph (d) for “section 9” substitute “ section 10A ”.

(3) Omit subsections (2) and (3).

(4) In subsection (3A)—

(a) for “may—” insert

may (among other things)— (za) make provision about the form in which the roll is to be kept and the manner in which entries are to be made, altered and removed;

(b) omit “and” at the end of paragraph (b), and

(e) require the information on the roll to be made available to the public; (f) specify the manner in which information is to be made so available and require it to be made so available during office hours and without charge.

(5) After that subsection insert—

(3B) Regulations about practising certificates or sole solicitor endorsements may (among other things)— (a) prescribe the form and manner in which applications for, or relating to, practising certificates or sole solicitor endorsements are to be made; (b) prescribe information which must be included in or accompany such applications; (c) make provision about time limits for dealing with such applications, and confer on a person power to extend or bring forward such a time limit in prescribed circumstances; (d) prescribe the requirements which applicants for practising certificates must satisfy before they may be issued with a practising certificate; (e) prescribe descriptions of applicants, and conditions in relation to them, for the purposes of section 10(2) (circumstances in which practising certificates must be issued subject to prescribed conditions); (f) prescribe descriptions of applicants, and conditions in relation to them, for the purposes of section 13ZA(5) (circumstances in which a practising certificate endorsed with a sole solicitor endorsement after it was issued must be made subject to prescribed conditions); (g) prescribe circumstances for the purposes of section 10(3) (circumstances in which application may be refused etc in the public interest); (h) make provision about when conditions imposed on practising certificates take effect (including provision conferring power on the Society to direct that a condition is not to have effect until the conclusion of any appeal in relation to it); (i) make provision for the commencement, duration, replacement, withdrawal and expiry of practising certificates or sole solicitor endorsements; (j) prescribe circumstances for the purposes of section 13A(2) (circumstances in which conditions can be imposed during period of practising certificate); (k) require solicitors who hold practising certificates to notify the Society of such matters as may be prescribed, at such times, or in such circumstances as may be prescribed. (3C) Regulations about the keeping of the register under section 10A may (among other things)— (a) make provision about the form in which the register is to be kept and the manner in which entries are to be made, altered and removed; (b) require information of a specified kind to be included in entries in the register; (c) require information (or information of a specified description) on the register to be made available to the public; (d) specify the manner in which it is to be made so available and require it to be made so available during office hours and without charge. (3D) Regulations under this section may make provision for appeals to the High Court against decisions made by the Society under the regulations. (3E) In relation to an appeal under regulations made by virtue of subsection (3D), the High Court may make such order as it thinks fit as to payment of costs. (3F) The decision of the High Court on such an appeal shall be final. (3G) Regulations under this section may— (a) provide for a person to exercise a discretion in dealing with any matter; (b) include incidental, supplementary and consequential provision; (c) make transitory or transitional provision and savings; (d) make provision generally or only in relation to specified cases or subject to specified exceptions; (e) make different provision for different cases.

(6) Omit subsections (4) and (5).

31

(1) Section 31 (rules as to professional practice, conduct and discipline) is amended as follows.

(2) In subsection (1)—

(a) for “Council may, if they think fit,” substitute “ Society may ”,

(b) omit “, with the concurrence of the Master of the Rolls,”,

(d) for “Council” (in the second place) substitute “ Society ”, and

(e) after “being” insert “ , or have been, ”.

(3) After that subsection insert—

(1A) The powers conferred on the Society by subsection (1) include power to make, in relation to solicitors, provision of a kind which the Society would be prohibited from making but for section 157(5)(c) of the Legal Services Act 2007 (exception from prohibition on approved regulators making provision for redress).

(4) Omit subsections (3) and (4).

32

(1) Section 32 (accounts rules and trust accounts rules) is amended as follows.

(2) In subsection (1)—

(a) for “Council” (in the first place) substitute “ Society ”,

(b) omit “, with the concurrence of the Master of the Rolls”,

(a) as to the opening and keeping by solicitors of accounts at banks or with building societies for money within subsection (1A); (aa) as to the operation by solicitors of accounts kept by their clients or other persons at banks or with building societies or other financial institutions; (b) as to the keeping by solicitors of accounts containing information as to money received, held or paid by them for or on account of their clients or other persons (including money received, held or paid under a trust); and

(d) in paragraph (c) of that subsection—

(i) for “Council” substitute “ Society ”,

(ii) for “them” substitute “ it ”, and

(iii) after “being” insert “ , or have been, ”, and

(e) omit from “and the rules” to the end.

(3) After that subsection insert—

(1A) The money referred to in subsection (1) is money (including money held on trust) which is received, held or dealt with for clients or other persons.

(4) Omit subsection (2).

(5) In subsection (4)—

(a) for “Council” substitute “ Society ”,

(b) omit “or (2)”, and

(6) In subsection (5) for “by virtue” to the end substitute “ or a part of the rules. ”

(7) Omit subsection (6).

33

(1) Section 33 (interest on clients' money) is amended as follows.

(2) For subsection (1) substitute—

(1) Rules under section 32 may require a solicitor to pay interest, or sums in lieu of and equivalent to interest, to a client, any other person or any trust, for whom the solicitor holds money.

(3) In subsection (2), omit from “and the rules” to the end.

(4) For subsection (3) substitute—

(3) Except as provided by the rules, a solicitor is not liable to account to any client, other person or trust for interest received by the solicitor on money held at a bank or building society in an account which is for money received or held for, or on account of— (a) the solicitor's clients, other persons or trusts, generally, or (b) that client, person or trust, separately.

(5) For subsection (4) substitute—

(4) Rules under section 32 may— (a) prescribe the circumstances in which a solicitor may make arrangements to limit or exclude an obligation imposed on the solicitor by rules made by virtue of this section, and (b) prescribe the requirements to be met by and in relation to those arrangements.

34

(1) Section 33A (inspection of practice bank accounts etc) is amended as follows.

(2) In subsection (1)—

(a) for “Council” (in each place) substitute “ Society ”, and

(b) omit “, with the concurrence of the Master of the Rolls,”.

(3) In subsection (2) for “Council” substitute “ Society ”.

35

(1) Section 34 (accountants' reports) is amended as follows.

(2) For subsections (1) to (5A) substitute—

(1) The Society may make rules requiring solicitors to provide the Society with reports signed by an accountant (in this section referred to as an “accountant's report”) at such times or in such circumstances as may be prescribed by the rules. (2) The rules may specify requirements to be met by, or in relation to, an accountant's report (including requirements relating to the accountant who signs the report).

(3) In subsection (6) for “this section or of any rules made under it” substitute “ any rules made under this section ”.

(4) Omit subsections (7) and (8).

(5) At the end insert—

(9) Where an accountant, during the course of preparing an accountant's report— (a) discovers evidence of fraud or theft in relation to money held by a solicitor for a client or any other person (including money held on trust) or money held in an account of a client of a solicitor, or an account of another person, which is operated by the solicitor, or (b) obtains information which the accountant has reasonable cause to believe is likely to be of material significance in determining whether a solicitor is a fit and proper person to hold money for clients or other persons (including money held on trust) or to operate an account of a client of the solicitor or an account of another person, the accountant must immediately give a report of the matter to the Society. (10) No duty to which an accountant is subject is to be regarded as contravened merely because of any information or opinion contained in a report under subsection (9).

36

After section 34 insert—

(34A) (1) Rules made by the Society may provide for any rules made under section 31, 32, 33A or 34 to have effect in relation to employees of solicitors with such additions, omissions or other modifications as appear to the Society to be necessary or expedient. (2) If any employee of a solicitor fails to comply with rules made under section 31 or 32, as they have effect in relation to the employee by virtue of subsection (1), any person may make a complaint in respect of that failure to the Tribunal. (3) If any employee of a solicitor fails to comply with rules made under section 34, as they have effect in relation to the employee by virtue of subsection (1), a complaint in respect of that failure may be made to the Tribunal by or on behalf of the Society. (34B) (1) Where rules made under section 32(1) have effect in relation to employees of solicitors by virtue of section 34A(1), section 85 applies in relation to an employee to whom the rules have effect who keeps an account with a bank or building society in pursuance of such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32. (2) Subsection (3) applies where rules made under section 32— (a) contain any such provision as is referred to in section 33(1), and (b) have effect in relation to employees of solicitors by virtue of section 34A(1). (3) Except as provided by the rules, an employee to whom the rules are applied is not liable to account to any client, other person or trust for interest received by the employee on money held at a bank or building society in an account which is for money received or held for, or on account of— (a) clients of the solicitor, other persons or trusts, generally, or (b) that client, person or trust, separately. (4) Subsection (5) applies where rules made under section 33A(1) have effect in relation to employees of solicitors by virtue of section 34A(1). (5) The Society may disclose a report on or information about the accounts of any employee of a solicitor obtained in pursuance of such rules for use— (a) in investigating the possible commission of an offence by the solicitor or any employees of the solicitor, and (b) in connection with any prosecution of the solicitor or any employees of the solicitor consequent on the investigation. (6) Where rules made under section 34 have effect in relation to employees of solicitors by virtue of section 34A(1), section 34(9) and (10) apply in relation to such an employee as they apply in relation to a solicitor.

37

For section 36 (compensation fund) substitute—

(36) (1) The Society may make rules concerning the grant of compensation by the Society in respect of loss that a person has suffered, or is likely to suffer, as a result of— (a) an act or omission of a solicitor or former solicitor; (b) an act or omission of an employee or former employee of a solicitor or former solicitor; (c) the exercise by the Society of any of its powers under Part 2 of Schedule 1. (2) The rules may (among other things) make provision— (a) as to the circumstances in which such grants may and may not be made; (b) as to the form and manner in which a compensation claim is to be made; (c) as to the procedure for determining compensation claims; (d) for the making of grants in respect of a compensation claim before it is finally determined; (e) for a grant to be made by way of loan in such circumstances and on such terms as may be prescribed in, or determined in accordance with, the rules; (f) for a grant to be made by way of making good a deficiency in monies held in trust by the Society under paragraph 6 or 6A of Schedule 1; (g) as to the minimum and maximum grants payable in respect of a compensation claim (or a claim of a prescribed description); (h) for the Society to be subrogated, to such extent as may be prescribed, to any rights and remedies of a person to whom a grant is made in relation to the loss in respect of which the grant is made. (3) The circumstances which may be prescribed by virtue of subsection (2)(a) include in particular— (a) the nature of the loss; (b) in a case within subsection (1)(a) or (b), the nature of the act or omission. (4) For the purposes of subsection (2)(f), there is a deficiency if the monies mentioned in that subsection are insufficient to satisfy the claims of all persons with a beneficial interest in the monies. (5) The Society may prepare and publish guidance as to the criteria it will apply in deciding whether to make a grant in respect of a compensation claim, or any part of a compensation claim. (6) Where the Society decides— (a) not to make a grant in respect of a compensation claim or any part of a compensation claim, or (b) to make a grant of less than the amount claimed, it must give reasons for its decision. (7) Rules under subsection (1) which are not regulatory arrangements within the meaning of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act. (8) In this section— - “compensation claim” means a claim for the Society to make a grant of the kind mentioned in subsection (1); - “prescribed” means prescribed in rules under subsection (1). (36A) (1) Compensation rules may require or authorise the Society to establish or maintain a fund or funds (“compensation funds”) for the purpose of making grants in respect of compensation claims. (2) Compensation rules may require solicitors, or solicitors of a description prescribed in the rules, to make contributions to compensation funds of such amounts, at such times and in such circumstances, as may be prescribed in or determined in accordance with the rules. (3) Any amount payable by virtue of such a requirement may be recovered as a debt due to the Society. (4) Subsection (2) does not apply to a solicitor who is a Crown Prosecutor. (5) The Society may invest any money which forms part of a compensation fund in any investments in which trustees may invest under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act). (6) The Society may insure with authorised insurers, in relation to compensation funds, for such purposes and on such terms as it considers appropriate. (7) The Society may, in such circumstances and subject to such conditions as may be prescribed in or determined in accordance with compensation rules— (a) borrow for the purposes of a compensation fund; (b) charge investments which form part of a compensation fund as security for borrowing by the Society for the purposes of that fund. (8) A compensation fund may be applied by the Society for the purposes mentioned in subsection (9) (in addition to the making of grants in respect of compensation claims). (9) The purposes are— (a) payment of premiums on insurance policies effected under subsection (6); (b) repayment of money borrowed by the Society for the purposes of the fund and payment of interest on any money so borrowed; (c) payment of any other costs, charges or expenses incurred by the Society in establishing, maintaining, protecting administering or applying the fund; (d) payment of any costs, charges or expenses incurred by the Society in exercising its powers under Part 2 of Schedule 1; (e) payment of any costs or damages incurred by the Society, its employees or agents as a result of proceedings against it or them for any act or omission of its or theirs in good faith and in the exercise or purported exercise of such powers. (10) In this section— - “compensation claim” has the same meaning as in section 36; - “compensation fund” has the meaning given by subsection (1); - “compensation rules” means rules under section 36(1).

38

In section 37 (professional indemnity)—

(a) in subsection (1) for “Council, with the concurrence of the Master of the Rolls,” substitute “ Society ”, and

(b) in subsection (3)(h)—

(i) for “Council” substitute “ Society ”,

(ii) for “they consider” substitute “ it considers ”, and

(iii) after “being” insert “ , or have been, ”.

39

Omit section 37A (redress for inadequate professional services).

40

Omit section 40 (solicitor not to commence or defend actions while in prison).

41

(1) Section 41 (employment by solicitor of person struck off or suspended) is amended as follows.

(2) After subsection (1A) insert—

(1B) Where— (a) a solicitor (“the employed solicitor”) is employed by another solicitor in accordance with a written permission granted under this section, and (b) the employed solicitor is disqualified from practising as a solicitor by reason of a fact mentioned in subsection (1)(b) or (c), section 20(1) does not apply in relation to anything done by the employed solicitor in the course of that employment.

(3) In subsection (3)—

(a) for “Master of the Rolls who” substitute “ High Court which ”, and

(b) in paragraph (b) for “he” substitute “ it ”.

(4) In subsection (4) for “shall” to the end substitute

may— (a) order that his name be struck off the roll, (b) order that he be suspended from practice for such period as the Tribunal or court thinks fit, or (c) make such other order in the matter as it thinks fit.

(5) After that subsection insert—

(4A) In relation to an appeal under subsection (3) the High Court may make such order as it thinks fit as to payment of costs. (4B) The decision of the High Court on an appeal under subsection (3) shall be final.

(6) Omit subsection (5).

42

(1) Section 43 (control of solicitors' employees and consultants) is amended as follows.

(2) For subsections (1), (1A) and (2) substitute—

(1) Where a person who is or was involved in a legal practice but is not a solicitor— (a) has been convicted of a criminal offence which is such that in the opinion of the Society it would be undesirable for the person to be involved in a legal practice in one or more of the ways mentioned in subsection (1A), or (b) has, in the opinion of the Society, occasioned or been a party to, with or without the connivance of a solicitor, an act or default in relation to a legal practice which involved conduct on his part of such a nature that in the opinion of the Society it would be undesirable for him to be involved in a legal practice in one or more of the ways mentioned in subsection (1A), the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to that person. (1A) A person is involved in a legal practice for the purposes of this section if the person— (a) is employed or remunerated by a solicitor in connection with the solicitor's practice; (b) is undertaking work in the name of, or under the direction or supervision of, a solicitor; (c) is employed or remunerated by a recognised body; (d) is employed or remunerated by a manager or employee of a recognised body in connection with that body's business; (e) is a manager of a recognised body; (f) has or intends to acquire an interest in such a body. (2) An order made by the Society or the Tribunal under this subsection is an order which states one or more of the following— (a) that as from the specified date— (i) no solicitor shall employ or remunerate, in connection with his practice as a solicitor, the person with respect to whom the order is made, (ii) no employee of a solicitor shall employ or remunerate, in connection with the solicitor's practice, the person with respect to whom the order is made, (iii) no recognised body shall employ or remunerate that person, and (iv) no manager or employee of a recognised body shall employ or remunerate that person in connection with the business of that body, except in accordance with a Society permission; (b) that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to be a manager of the body; (c) that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to have an interest in the body. (2A) The Society may make regulations prescribing charges to be paid to the Society by persons who are the subject of an investigation by the Society as to whether there are grounds for the Society— (a) to make an order under subsection (2), or (b) to make an application to the Tribunal for it to make such an order. (2B) Regulations under subsection (2A) may— (a) make different provision for different cases or purposes; (b) provide for the whole or part of a charge payable under the regulations to be repaid in such circumstances as may be prescribed by the regulations. (2C) Any charge which a person is required to pay under regulations under subsection (2A) is recoverable by the Society as a debt due to the Society from the person.

(3) In subsection (5) omit—

(a) “by any solicitor”, and

(b) the words from “but” to the end.

(4) After that subsection insert—

(5A) In this section— - “manager”, in relation to a recognised body, has the same meaning as it has in relation to a body in the Legal Services Act 2007 (see section 207 of that Act); - “recognised body” means a body recognised under section 9 of the Administration of Justice Act 1985; - “specified date” means such date as may be specified in the order; - “Society permission” means permission in writing granted by the Society for such period and subject to such conditions as the Society may think fit to specify in the permission. (5B) A person has an interest in a recognised body for the purposes of this section if the person has 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).

43

In section 44 (offences in connection with orders under section 43(2))—

(a) for subsection (1) substitute—

(1) It is an offence for a person in respect of whom there is in force an order under section 43(2) which contains provision within section 43(2)(a)— (a) to seek or accept any employment or remuneration from a solicitor, or an employee of a solicitor, in connection with the practice carried on by that solicitor without previously informing the solicitor or employee of the order; (b) to seek or accept any employment or remuneration from a recognised body, or a manager or employee of a recognised body, in connection with that body's business, without previously informing the body, or manager or employee, of the order. (1A) It is an offence for a person in respect of whom there is in force an order under section 43(2) which contains provision within section 43(2)(b) to seek or accept a position as a manager of a recognised body, without previously informing that body of the order. (1B) It is an offence for a person in respect of whom there is in force an order under section 43(2) which contains provision within section 43(2)(c) to seek or accept an interest in a recognised body from any person, without previously informing that person and (if different) the recognised body of the order. (1C) A person guilty of an offence under subsection (1), (1A) or (1B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(b) in subsection (2) for “the employment of that person” substitute “ the taking of any action ”, and

(5) In this section— - “manager” has the same meaning as in section 43; - “recognised body” means a body recognised under section 9 of the Administration of Justice Act 1985; and for the purposes of subsection (1B) 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).

44

For section 44B (examination of files) substitute—

(44B) (1) The Society may by notice require a person to whom this section applies— (a) to provide information, or information of a description, specified in the notice, or (b) produce documents, or documents of a description, specified in the notice. (2) This section applies to— (a) a solicitor; (b) an employee of a solicitor; (c) a recognised body; (d) an employee or manager of, or a person with an interest in, a recognised body. (3) The Society may give a notice under this section only if it is satisfied that it is necessary to do so for the purpose of investigating— (a) whether there has been professional misconduct by a solicitor; (b) whether a solicitor, or an employee of a solicitor, has failed to comply with any requirements imposed by or by virtue of this Act or any rules made by the Society; (c) whether a recognised body, or any of its managers or employees has failed to comply with any requirement imposed by or by virtue of the Administration of Justice Act 1985 or any rules made by the Society and applicable to the body, manager or employee by virtue of section 9 of that Act; (d) whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was involved in a legal practice (within the meaning of section 43(1A)). (4) A notice under this section— (a) may specify the time and place at which, and manner and form in which, the information is to be provided or document is to be produced; (b) must specify the period within which the information is to be provided or the document produced; (c) may require the information to be provided or document to be produced to the Society or to a person specified in the notice. (5) The Society may pay to any person such reasonable costs as may be incurred by that person in connection with the provision of any information, or production of any document, by that person pursuant to a notice under this section. (6) Paragraphs 9(3) and (4) and 13, 15 and 16 of Schedule 1 apply in relation to the powers to obtain information conferred by this section, but for this purpose— (a) paragraph 9 of that Schedule has effect as if— (i) in sub-paragraph (3) for “such documents” there were substituted “ information to which a notice given to him under section 44B applies ”, (ii) in that sub-paragraph for “sub-paragraph (1)” there were substituted “ the notice ”, and (iii) in sub-paragraph (4) for “produce” (in the first place) to the end there were substituted “ provide information pursuant to a notice under section 44B to provide the information to any person appointed by the Society at such time and place as may be specified in the order. ”, and (b) the reference to the solicitor or his personal representative in paragraph 13 of that Schedule is to be construed as a reference to the person to whom the notice was given under this section. (7) Paragraphs 9 (other than sub-paragraphs (1) and (3)), 12, 13, 15 and 16 of Schedule 1 apply in relation to the powers to obtain documents conferred by this section as they apply in relation to the powers conferred by paragraph 9(1) of that Schedule, except that for this purpose— (a) any reference in paragraph 9 of that Schedule to a person appointed, or to a requirement, under sub-paragraph (1) of that paragraph is to be construed as a reference to a person appointed, or to a requirement to produce documents, under this section, (b) any reference in that paragraph to any such documents as are mentioned in paragraph 9(1) of that Schedule is to be construed as a reference to any documents to which a notice under this section applies, (c) the references to the solicitor or his firm in paragraph 9(5) and (6) of that Schedule, and the reference to the solicitor or personal representative in paragraph 9(7) of that Schedule, are to be construed as references to the person to whom the notice was given under this section, and (d) the reference in paragraph 9(12) of that Schedule to the Society is to be construed as including a reference to a person specified under subsection (4)(c). (8) Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a), (b), (c) or (d) of subsection (2), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question. (9) In this section— - “manager” has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act); - “recognised body” means a body recognised under section 9 of the Administration of Justice Act 1985; and the reference to a person who has an interest in a recognised body is to be construed in accordance with sections 72 and 109 of the Legal Services Act 2007. (44BA) (1) The Society may, by notice, require a person to whom a notice is given under section 44B (or a representative of the person) to attend at a time and place specified in the notice to provide an explanation of any information provided or document produced pursuant to the notice. (2) The Society may pay to any person such reasonable costs as may be incurred by that person in connection with that person's compliance with a requirement imposed under subsection (1). (3) Paragraphs 9(3) and (4) and 13, 15 and 16 of Schedule 1 apply in relation to a notice under this section, except that for this purpose— (a) paragraph 9 of that Schedule has effect as if— (i) in sub-paragraph (3) for “having” to “sub-paragraph (1)” there were substituted “ refuses, neglects or otherwise fails to comply with a requirement under section 44BA(1) ”, and (ii) in sub-paragraph (4) for “produce” (in the first place) to the end there were substituted “ provide an explanation of any information provided or document produced pursuant to a notice under section 44B (or a representative of such a person) to attend at a time and place specified in the order to provide an explanation of any information so provided or document so produced. ”, and (b) the reference to the solicitor or his personal representative in paragraph 13 of that Schedule is to be construed as a reference to the person to whom the notice was given under this section. (44BB) (1) The High Court, on the application of the Society, may order a person to whom section 44B does not apply— (a) to provide information, or information of a description, specified in the notice, or (b) to produce documents, or documents of a description, specified in the notice. (2) The High Court may make an order under this section only if it is satisfied— (a) that it is likely that the information or document is in the possession or custody of, or under the control of, the person, and (b) that there is reasonable cause to believe that the information or document is likely to be of material significance to an investigation into any of the matters mentioned in section 44B(3)(a) to (d). (3) An order under this section may direct the Society to pay to a person specified in the order such reasonable costs as may be incurred by that person in connection with the provision of any information, or production of any document, by that person pursuant to the order. (4) Section 44B(4) applies in relation to an order under this section as it applies in relation to a notice under section 44B. (5) Paragraphs 9(5A) and (7) to (12), 12, 13, 15 and 16 of Schedule 1 apply in relation to an order under this section as they apply in relation to an order under paragraph 9(4) of that Schedule, except that for this purpose— (a) the reference to the solicitor or personal representative in paragraph 9(7) of that Schedule is to be construed as a reference to the person in respect of whom the order under this section is made, (b) the reference in paragraph 9(12) of that Schedule to the Society is to be read as including a reference to a person specified under section 44B(4)(c) (as applied by subsection (4) of this section), and (c) the reference to the solicitor or his personal representative in paragraph 13 of that Schedule is to be construed as a reference to the person to whom the notice was given under this section. (44BC) (1) It is an offence for a person who knows or suspects an investigation into any of the matters mentioned in section 44B(3)(a) to (d) is being or is likely to be conducted— (a) to falsify, conceal, destroy or otherwise dispose of a document which the person knows or suspects is or would be relevant to the investigation, or (b) to cause or permit the falsification, concealment, destruction or disposal of such a document. (2) In proceedings for an offence under subsection (1) it is a defence for the accused to show that the accused had no intention of concealing facts disclosed by the documents from the person conducting the investigation. (3) It is an offence for a person, in purported compliance with a requirement imposed on the person under section 44B, 44BA or 44BB— (a) to provide information which the person knows to be false or misleading in a material particular, or (b) recklessly to provide information which is false or misleading in a material particular. (4) A person who is guilty of an offence under subsection (1) or (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both. (5) In relation to an offence under subsection (1) or (3) committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.

45

For section 44C (payment of costs of investigations) substitute—

(44C) (1) The Society may make regulations prescribing charges to be paid to the Society by solicitors who are the subject of a discipline investigation. (2) A “discipline investigation” is an investigation carried out by the Society into— (a) possible professional misconduct by a solicitor, or (b) a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Society. (3) Regulations under this section may— (a) make different provision for different cases or purposes; (b) provide for the whole or part of a charge payable under the regulations to be repaid in such circumstances as may be prescribed by the regulations. (4) Any charge which a solicitor is required to pay under regulations under this section is recoverable by the Society as a debt due to the Society from the solicitor. (5) This section (other than subsection (2)(a)) applies in relation to an employee of a solicitor as it applies in relation to a solicitor.

46

After that section insert—

(44D) (1) This section applies where the Society is satisfied— (a) that a solicitor or an employee of a solicitor has failed to comply with a requirement imposed by or by virtue of this Act or any rules made by the Society, or (b) that there has been professional misconduct by a solicitor. (2) The Society may do one or both of the following— (a) give the person a written rebuke; (b) direct the person to pay a penalty not exceeding £2,000. (3) The Society may publish details of any action it has taken under subsection (2)(a) or (b), if it considers it to be in the public interest to do so. (4) Where the Society takes action against a person under subsection (2)(b), or decides to publish under subsection (3) details of any action taken under subsection (2)(a) or (b), it must notify the person in writing that it has done so. (5) A penalty imposed under subsection (2)(b) does not become payable until— (a) the end of the period during which an appeal against the decision to impose the penalty, or the amount of the penalty, may be made under section 44E, or (b) if such an appeal is made, such time as it is determined or withdrawn. (6) The Society may not publish under subsection (3) details of any action under subsection (2)(a) or (b)— (a) during the period within which an appeal against— (i) the decision to take the action, (ii) in the case of action under subsection (2)(b), the amount of the penalty, or (iii) the decision to publish the details, may be made under section 44E, or (b) if such an appeal has been made, until such time as it is determined or withdrawn. (7) The Society must make rules— (a) prescribing the circumstances in which the Society may decide to take action under subsection (2)(a) or (b); (b) about the practice and procedure to be followed by the Society in relation to such action; (c) governing the publication under subsection (3) of details of action taken under subsection (2)(a) or (b); and the Society may make such other rules in connection with the exercise of its powers under this section as it considers appropriate. (8) Before making rules under subsection (7), the Society must consult the Tribunal. (9) A penalty payable under this section may be recovered as a debt due to the Society, and is to be forfeited to Her Majesty. (10) The Lord Chancellor may, by order, amend paragraph (b) of subsection (2) so as to substitute for the amount for the time being specified in that paragraph such other amount as may be specified in the order. (11) Before making an order under subsection (10), the Lord Chancellor must consult the Society. (12) An order under subsection (10) is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (13) This section is without prejudice to any power conferred on the Society or any other person to make an application or complaint to the Tribunal. (44E) (1) A person may appeal against— (a) a decision by the Society to rebuke that person under section 44D(2)(a) if a decision is also made to publish details of the rebuke; (b) a decision by the Society to impose a penalty on that person under section 44D(2)(b) or the amount of that penalty; (c) a decision by the Society to publish under section 44D(3) details of any action taken against that person under section 44D(2)(a) or (b). (2) Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this section as they apply in relation to applications or complaints, except that subsection (11) of that section is to be read as if for “the applicant” to “application)” there were substituted “ any party to the appeal ”. (3) Rules under section 46(9)(b) may, in particular, make provision about the period during which an appeal under this section may be made. (4) On an appeal under this section, the Tribunal has power to make such order as it thinks fit, and such an order may in particular— (a) affirm the decision of the Society; (b) revoke the decision of the Society; (c) in the case of a penalty imposed under section 44D(2)(b), vary the amount of the penalty; (d) in the case of a solicitor, contain provision for any of the matters mentioned in paragraphs (a) to (d) of section 47(2); (e) in the case of an employee of a solicitor, contain provision for any of the matters mentioned in section 47(2E); (f) make such provision as the Tribunal thinks fit as to payment of costs. (5) Where by virtue of subsection (4)(e) an order contains provision for any of the matters mentioned in section 47(2E)(c), section 47(2F) and (2G) apply as if the order had been made under section 47(2E)(c). (6) An appeal from the Tribunal shall lie to the High Court, at the instance of the Society or the person in respect of whom the order of the Tribunal was made. (7) The High Court shall have power to make such order on an appeal under this section as it may think fit. (8) Any decision of the High Court on an appeal under this section shall be final. (9) This section is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it.

47

(1) Section 46 (solicitors disciplinary tribunal) is amended as follows.

(2) For subsection (5) substitute—

(5) The Tribunal may pay its members such remuneration, fees or allowances as it may determine with the approval of the Legal Services Board.

(3) After that subsection insert—

(5A) The Tribunal may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.

(4) Omit subsections (6) to (8).

(5) In subsection (9)—

(a) for “Subject to subsections (6) to (8), the” substitute “ The ”,

(b) omit “, with the concurrence of the Master of the Rolls,”, and

48

After that section insert—

(46A) (1) The Tribunal must submit to the Society in respect of each year a budget for the year approved by the Legal Services Board. (2) A budget for a year is a statement of the amount of money which the Tribunal estimates is required to enable it to meet all of its expenditure in that year (having regard to any amounts received but not spent in previous years). (3) Before approving a statement for the purposes of subsection (1) the Legal Services Board must consult the Society. (4) The budget for a year must be submitted to the Society under subsection (1) no later than the date in the preceding year specified by the Society for the purposes of this subsection. (5) Before specifying a date for this purpose the Society must consult the Tribunal. (6) The amount specified in a budget submitted under subsection (1) must be paid by the Society to the Tribunal— (a) in such instalments and at such times as may be agreed between the Society and the Tribunal, or (b) in the absence of such agreement, before the beginning of the year to which the budget relates. (7) The Society may pay the Tribunal such other amounts as the Society considers appropriate. (8) In this section “year” means a calendar year.

49

In section 47 (jurisdiction and powers of Tribunal)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (2) for “subsection” (where it first occurs) substitute “ subsections (2E) and ”,

(d) in subsection (2)(c) omit “not exceeding £5,000”,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) after subsection (2D) insert—

(2E) On the hearing of any complaint made to the Tribunal by virtue of section 34A(2) or (3), the Tribunal shall have power to make one or more of the following— (a) an order directing the payment by the employee to whom the complaint relates of a penalty to be forfeited to Her Majesty; (b) an order requiring the Society to consider taking such steps as the Tribunal may specify in relation to that employee; (c) if that employee is not a solicitor, an order which states one or more of the matters mentioned in paragraphs (a) to (c) of section 43(2); (d) an order requiring the Society to refer to an appropriate regulator any matter relating to the conduct of that employee. (2F) Subsections (1) to (1C), (3) and (4) of section 44 apply in relation to an order under subsection (2E)(c) as they apply in relation to an order under section 43(2). (2G) Section 44(2), paragraph 16(1)(d) and (1A)(d) of Schedule 2 to the Administration of Justice Act 1985 and paragraph 15(3A) of Schedule 14 to the Courts and Legal Services Act 1990 apply in relation to an order under subsection (2E)(c) as they apply in relation to an order under section 43(2). (2H) For the purposes of subsection (2E)(d) an “appropriate regulator” in relation to an employee means— (a) if the employee is an authorised person in relation to a reserved legal activity (within the meaning of the Legal Services Act 2007), any relevant approved regulator (within the meaning of that Act) in relation to that employee, and (b) if the employee carries on activities which are not reserved legal activities (within the meaning of that Act), any body which regulates the carrying on of such activities by the employee.

(g) after subsection (3A) insert—

(3B) For the avoidance of doubt, nothing in this section permits the Tribunal to make an order requiring redress to be made in respect of any act or omission of any person.

, and

(h) omit subsections (4) and (5).

50

In section 48 (orders of Tribunal)—

(a) in subsection (2)(b)—

(i) after “(e),” insert “ (ea), ”, and

(ii) omit “in the London Gazette”,

(b) in subsection (3) for “Subject to section 43(5), any” substitute “ Any ”, and

(5) In the case of orders of the Tribunal under section 44E, the reference in subsection (2)(a) to the application or complaint is to be read as a reference to the Tribunal's order.

51

(1) Section 49 (appeals from Tribunal) is amended as follows.

(2) In subsection (1) for “lie—” to the end substitute “ lie to the High Court ”.

(3) In subsection (2), after “(3)” insert “ and to section 43(5) of the Administration of Justice Act 1985 ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (4)—

(a) omit “and the Master of the Rolls”, and

(b) for “they” substitute “ it ”.

(6) For subsection (6) substitute—

(6) Any decision of the High Court— (a) on an application under section 43(3) or 47(1)(d), (e), (ea) or (f), or (b) against an order under section 43(3A), shall be final.

(7) Omit subsection (7).

52

After that section insert—

(49A) (1) The Society may, with the approval of the Tribunal, make rules which provide that in such circumstances as may be prescribed by the rules an appeal under any of the provisions listed in subsection (2) lies to the Tribunal and not to the High Court. (2) Those provisions are— (a) section 8(4); (b) section 13A(6); (c) section 16(5); (d) section 28(3D); (e) section 41(3); (f) paragraph 14 of Schedule 14 to the Courts and Legal Services Act 1990 (foreign lawyers: appeals against conditions or refusals). (3) Any decision of the Tribunal on an appeal by virtue of rules made under this section shall be final.

53

In section 54 (restrictions on powers to strike names off roll)—

(a) in subsection (1) for “service under articles” substitute “ persons seeking admission as solicitors ”, and

(b) in subsection (2) for paragraphs (a) and (b) substitute—

(a) that a solicitor who undertook a training responsibility for him under training regulations neglected or omitted to take out a practising certificate; or (b) that the name of a solicitor who undertook such a responsibility for a period has been removed from or struck off the roll after the end of that period.

54

(1) Section 56 (orders as to remuneration for non-contentious business) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “Secretary of State” substitute “ Lord Chancellor ”,

(b) after paragraph (d) insert—

(da) a member of the Legal Services Board nominated by that Board;

, and

(3) In subsection (2) for “(the Secretary of State” to “think fit” substitute “ (the Lord Chancellor being one), may make general orders prescribing the general principles to be applied when determining ”.

(4) In subsection (3)—

(a) for “Secretary of State” substitute “ Lord Chancellor ”, and

(b) for “Council” (in both places) substitute “ Society ”.

(5) In subsection (4) for “An order” to the end of paragraph (a) substitute— “ The principles prescribed by an order under this section may provide that solicitors should be remunerated— ”.

(6) In subsection (5)—

(a) for “An order” to “reference” substitute— “ The general principles prescribed by an order under this section may provide that the amount of such remuneration is to be determined by having regard ”, and

(b) in paragraph (d) after “solicitor” insert “ , or any employee of his who is an authorised person, ”.

(7) After that subsection insert—

(5A) In subsection (5) “authorised person” means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 18 of that Act).

(8) In subsection (6)(a) for “taxation” substitute “ assessment ”.

(9) In subsection (7)—

(a) for “taxation” substitute “ assessment ”, and

(b) for “regulated by” substitute “ subject to ”.

55

In section 57 (non-contentious business agreements)—

(a) in subsection (2) for “stamps” substitute “ taxes ”,

(b) in subsection (5)—

(i) for “taxation” substitute “ assessment ”, and

(ii) for “taxing officer” substitute “ costs officer ”, and

(i) for “taxation” substitute “ assessment ”, and

(ii) for “taxing officer” substitute “ costs officer ”.

56

In section 60 (effect of contentious business agreements)—

(a) in subsection (1) for “taxation” substitute “ assessment ”,

(b) in subsection (2)—

(i) for “taxed” substitute “ assessed ”, and

(ii) for “taxation” substitute “ assessment ”, and

(5) A provision in a contentious business agreement that the solicitor shall not be liable for his negligence, or that of any employee of his, shall be void if the client is a natural person who, in entering that agreement, is acting for purposes which are outside his trade, business or profession. (6) A provision in a contentious business agreement that the solicitor shall be relieved from any responsibility to which he would otherwise be subject as a solicitor shall be void.

57

In section 61 (enforcement of contentious business agreements)—

(a) in subsection (2)(b) for “taxed” substitute “ assessed ”,

(b) in subsection (3) for “taxing officer” substitute “ costs officer ”,

(i) for “taxing officer” substitute “ costs officer ”, and

(ii) for “taxed” substitute “ assessed ”,

(d) in subsection (4B)—

(i) for “taxation” substitute “ assessment ”, and

(ii) for “taxing officer” substitute “ costs officer ”, and

(e) in subsection (5) for “taxed” substitute “ assessed ”.

58

In section 62 (contentious business agreements by certain representatives)—

(a) in subsection (1) for “taxing officer” substitute “ costs officer ”, and

(b) in subsection (2)—

(i) for “taxing officer” substitute “ costs officer ”, and

(ii) for “taxed” substitute “ assessed ”.

59

In section 63 (effect on contentious business agreement of death etc)—

(a) in subsection (2)—

(i) for “taxation” substitute “ assessment ”, and

(ii) for “taxing officer” substitute “ costs officer ”, and

(b) in subsection (3)—

(i) for “taxation” substitute “ assessment ”,

(ii) for “taxing officer” (in both places) substitute “ costs officer ”, and

(iii) after “solicitor” (in the third place) insert “ , or any of his employees, ”.

60

In section 64 (form of bill of costs for contentious business)—

(a) in subsection (3) for “taxed” substitute “ assessed ”, and

(b) in subsection (4)—

(i) for “taxed” substitute “ assessed ”,

(ii) for “taxation” substitute “ assessment ”, and

(iii) for “taxing officer” (in both places) substitute “ costs officer ”.

61

In section 65 (security for costs and termination of retainer), in subsection (1) for “taxation” substitute “ assessment ”.

62

In section 66 (taxations with respect to contentious business)—

(a) in the section heading for “Taxations” substitute “ Assessments ”,

(b) for “taxation” substitute “ assessment ”,

(d) in paragraph (a), after “solicitor” (in the second place) insert “ or an employee of the solicitor ”, and

(e) in paragraph (b), after “him” insert “ or by any employee of his who is an authorised person (within the meaning of section 56(5A)) ”.

63

In section 67 (inclusion of disbursements in bill of costs), in paragraph (b)—

(a) for “taxed” substitute “ assessed ”,

(b) for “taxing officer” substitute “ costs officer ”, and

64

(1) Section 69 (action to recover solicitor's costs) is amended as follows.

(2) In subsection (1) for “taxed” substitute “ assessed ”.

(3) For subsection (2) substitute—

(2) The requirements referred to in subsection (1) are that the bill must be— (a) signed in accordance with subsection (2A), and (b) delivered in accordance with subsection (2C). (2A) A bill is signed in accordance with this subsection if it is— (a) signed by the solicitor or on his behalf by an employee of the solicitor authorised by him to sign, or (b) enclosed in, or accompanied by, a letter which is signed as mentioned in paragraph (a) and refers to the bill. (2B) For the purposes of subsection (2A) the signature may be an electronic signature. (2C) A bill is delivered in accordance with this subsection if— (a) it is delivered to the party to be charged with the bill personally, (b) it is delivered to that party by being sent to him by post to, or left for him at, his place of business, dwelling-house or last known place of abode, or (c) it is delivered to that party— (i) by means of an electronic communications network, or (ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible, and that party has indicated to the person making the delivery his willingness to accept delivery of a bill sent in the form and manner used. (2D) An indication to any person for the purposes of subsection (2C)(c)— (a) must state the address to be used and must be accompanied by such other information as that person requires for the making of the delivery; (b) may be modified or withdrawn at any time by a notice given to that person. (2E) Where a bill is proved to have been delivered in compliance with the requirements of subsections (2A) and (2C), it is not necessary in the first instance for the solicitor to prove the contents of the bill and it is to be presumed, until the contrary is shown, to be a bill bona fide complying with this Act. (2F) A bill which is delivered as mentioned in subsection (2C)(c) is to be treated as having been delivered on the first working day after the day on which it was sent (unless the contrary is proved).

(4) At the end insert—

(5) In this section references to an electronic signature are to be read in accordance with section 7(2) of the Electronic Communications Act 2000 (c. 7). (6) In this section— - “electronic communications network” has the same meaning as in the Communications Act 2003 (c. 21); - “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

65

In section 70 (taxation on application of party chargeable or solicitor)—

(a) in the section heading for “Taxation” substitute “ Assessment ”,

(b) in subsection (1)—

(i) for “taxed” substitute “ assessed ”, and

(ii) for “taxation” substitute “ assessment ”,

(i) for “taxation” (in both places) substitute “ assessment ”, and

(ii) for “taxed” substitute “ assessed ”,

(d) in subsections (3) to (5) for “taxation” (in each place) substitute “ assessment ”,

(e) in subsection (6)—

(i) for “taxation” substitute “ assessment ”, and

(ii) for “taxed” substitute “ assessed ”,

(f) in subsection (7)—

(i) for “taxation” (in each place) substitute “ assessment ”,

(ii) for “taxing officer” substitute “ costs officer ”, and

(iii) for “tax” substitute “ assess ”,

(g) in subsection (8) for “taxation” (in each place) substitute “ assessment ”,

(h) in subsection (9)—

(i) for “for taxation” (in both places) substitute “ for assessment ”,

(ii) for “the taxation” (in both places) substitute “ the assessment ”,

(iii) for “a taxation” substitute “ an assessment ”, and

(iv) for “one fifth of the amount of the bill is taxed off” substitute “ the amount of the bill is reduced by one fifth ”,

(i) in subsection (10)—

(i) for “taxing officer” substitute “ costs officer ”, and

(ii) for “taxation” (in both places) substitute “ assessment ”,

(j) omit subsection (11), and

(k) in subsection (12)—

(i) for “of the bill taxed off” substitute “ of the reduction in the bill ”,

(ii) for “taxation” substitute “ assessment ”, and

(iii) for “taxed” (in the second place) substitute “ assessed ”.

66

In section 71 (taxation on application of third parties)—

(a) in the section heading for “Taxation” substitute “ Assessment ”,

(b) in subsection (1) for “taxation” substitute “ assessment ”,

(i) for “taxed” substitute “ assessed ”, and

(ii) for “taxation” substitute “ assessment ”,

(d) in subsection (4) for “taxation” substitute “ assessment ”,

(e) in subsection (6)—

(i) for “taxation” substitute “ assessment ”, and

(ii) for “taxed” substitute “ assessed ”, and

(f) in subsection (7) for “taxed” substitute “ assessed ”.

67

In section 72 (supplementary provisions as to taxations)—

(a) in the section heading for “taxations” substitute “ assessments ”,

(b) in subsection (1) for “taxation” substitute “ assessment ”,

(i) for “taxing officer” (in each place) substitute “ costs officer ”,

(ii) for second and fourth “taxing” substitute “ assessing ”, and

(iii) for “tax” substitute “ assess ”,

(d) in subsection (3)—

(i) for “taxing officer” (in both places) substitute “ costs officer ”,

(ii) for “tax” substitute “ assess ”, and

(iii) for “taxing” (in second place) substitute “ assessing ”, and

(e) in subsection (4)—

(i) for “taxing officer” substitute “ costs officer ”, and

(ii) for “taxed” substitute “ assessed ”.

68

In section 73 (charging orders), in subsection (1)—

(a) for “taxed” substitute “ assessed ”, and

(b) for “taxation” substitute “ assessment ”.

69

In section 74 (special provisions as to contentious business done in county courts)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (3) for “taxation” substitute “ assessment ”.

70

Omit the following provisions—

section 76 (non-practising solicitors eligible for membership of Society),

section 77 (annual subscription to Society), and

section 78 (cessation and suspension of membership of Society).

71

For section 79 (committees and sub-committees of the Council) substitute—

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