HC Deb 25 July 1990 vol 177 cc546-8

'.—(1) The Law Society shall maintain a register of foreign lawyers for the purposes of this section.

(2) A foreign lawyer who wishes to be registered under this section must apply to the Society in accordance with the requirements of Part I of Schedule (Foreign lawyers: partnerships and recognised bodies).

(3) The power to make rules under—

  1. (a) the following provisions of the Solicitors Act 1974—
    1. (i) section 31 (professional practice, conduct and discipline);
    2. (ii) section 32 (accounts and trust accounts);
    3. (iii) section 34 (accountants' reports);
    4. (iv) section 36 (Compensation Fund); and
    5. (v) section 37 (professional indemnity); and
  2. (b) section 9 of the Administration of Justice Act 1985 (incorporated practices),

shall also be exercisable in relation to registered foreign lawyers.

(4) Subject to the provisions of Schedule (Foreign lawyers: partnerships and recognised bodies), any such power may be exercised so as—

  1. (a) to make different provision with respect to solicitors who enter into multi-national partnerships to the provision made with respect to other solicitors;
  2. (b) to make different provision with respect to the management and control of recognised bodies by solicitors and registered foreign lawyers to the provision made with respect to the management and control of recognised bodies by solicitors;
  3. (c) to make different provision with respect to registered foreign lawyers who are members of multi-national partnerships to the provision made with respect to solicitors; or
  4. (d) to make different provision with respect to officers of recognised bodies who are registered foreign lawyers to the provision made with respect to officers of recognised bodies who are solicitors.

(5) Subject to the provisions of Schedule (Foreign lawyers: partnerships and recognised bodies), the Lord Chancellor may by order provide that any enactment or instrument—

  1. (a) passed or made before the commencement of this section;
  2. (b) having effect in relation to solicitors; and
  3. (c) specified in the order,

shall have effect with respect to registered foreign lawyers as it has effect with respect to solicitors.

(6) An order under subsection (5) may provide for an enactment or instrument to have effect with respect to registered foreign lawyers subject to such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.

(7) Subject to the provisions of Schedule (Foreign lawyers: partnerships and recognised bodies), the Lord Chancellor may by order provide that any enactment or instrument—

  1. (a) passed or made before the commencement of this section;
  2. (b) having effect in relation to recognised bodies; and
  3. (c) specified in the order,
shall, in its application in relation to recognised bodies whose officers include one or more registered foreign lawyers, have effect with such additions, omissions or other modifications as the Lord Chancellor sees fit to specify in the order.

(8) Schedule (Foreign lawyers: partnerships and recognised bodies) shall have effect for the purposes of supplementing this section.

(9) In this section and in Schedule (Foreign lawyers: partnerships and recognised bodies)—

Brought up, and read the First time.

The Solicitor-General

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With this it will be convenient to consider the following Government amendments: Nos. 158, 102, 103, 105, 129, 96, 123 and 128.

The Solicitor-General

I am grateful to my hon. Friend the Member for Leominster (Mr. Temple-Morris) for welcoming this new clause and the amendments. They fulfil undertakings given by my noble Friend the Lord Chancellor and my right hon. and learned Friend the Attorney-General on Second Reading.

The purpose of the amendments is to provide a framework in which multinational partnerships consisting of English and Welsh solicitors and foreign lawyers can be subjected to the minimum regulation necessary to provide protection to the clients of such partnerships or incorporated bodies.

The amendments have five main components. They require the Law Society to maintain a register of foreign lawyers who are entitled to enter into multinational partnerships or recognised bodies with solicitors. They amend the Administration of Justice Act 1985 to permit the creation of such recognised bodies, managed and controlled by solicitors and foreign lawyers. They give power to the Law Society to extend the rules that it makes for solicitors in respect of professional practice, conduct and discipline, the keeping of clients' money and the compensation and indemnity funds to registered foreign lawyers who are members of such multinational partnerships.

The overall effect is to provide a proper framework for this new type of multinational partnership for which the way was cleared by clause 54, which removes the statutory inhibition on the formation of multinational partnerships. I commend the new clause and the amendments to the House.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

Forward to