§ 128 After Clause 70, insert the following clause:
§ Foreign lawyers: recognised bodies and partnerships with solicitors
§ '.—(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—
- (a) the following provisions of the Solicitors Act 1974—
- (i) section 31 (professional practice, conduct and discipline);
- (ii) section 32 (accounts and trust accounts);
- (iii) section 34 (accountants' reports);
- (iv) section 36 (Compensation Fund); and
- (v) section 37 (professional indemnity); and
- (b) section 9 of the Administration of Justice Act 1985 (incorporated practices),
§ (4) Subject to the provisions of Schedule (Foreign lawyers: partnerships and recognised bodies), any such power may be exercised so as—
- (a) to make different provision with respect to solicitors who enter into multi-national partnerships to the provision made with respect to other solicitors;
- (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;
- (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
- (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—
- (a) passed or made before the commencement of this section;
- (b) having effect in relation to solicitors; and
- (c) specified in the order,
§ (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—
- (a) passed or made before the commencement of this section;
- (b) having effect in relation to recognised bodies; and
- (c) specified 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)—
- "foreign lawyer" means a person who is not a solicitor or barrister but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outside England and Wales;
- "multi-national partnership" means a partnership whose members consist of one or more registered foreign lawyers and one or more solicitors;
- "recognised body" has the same meaning as in section 9 of the Administration of Justice Act 1985 (management and control by solicitors of incorporated practices); and
- "registered foreign lawyer" means a foreign lawyer who is registered under this section.'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 128. I spoke to this amendment with Amendment No. 39.
Moved, That the House do agree with the Commons in their Amendment No. 128.—(The Lord Chancellor.)
§ On Question, Motion agreed to.
§ 8.30 p.m.