§ 238A Page 122, line 17, at end insert:
§ '2E. In section 7 of the Solicitors Act 1974 (entry of names in the roll and restoration of names struck off), the following shall be inserted at the end of paragraph (b)—"
§ "or
- (c) of an order under section 47(2) (h) for the restoration of a person's name to the roll".
§ 2F. In section 8 of that Act (removal or restoration of name at solicitor's request), the following subsection shall be inserted after subsection(2)—
§ "(2A) Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2) (g).".'.
§ 239 Page 122, line 18, leave out paragraph (3).
§ 240 Page 122, line 34, leave out from 'date" ' to end of line 36.
§ 241 Page 122, line 36, at end insert:
1500§ '5A. In section 20 of that Act (unqualified person not to act as solicitor) the following subsections shall be added at the end—
§ "(3) A person exempted from the provisions of section 23(1) by virtue of section 23(2) or (3) of this Act or section 47 of Courts and Legal Services Act 1990 may, in any non-contentious or common form probate business, apply for a grant of probate or for letters of administration or oppose such an application without committing an offence under this section.
§ (4) In subsection (3) 'non-contentious or common form probate business' has the same meaning as in section 128 of the Supreme Court Act 1981."
§ 5B. In section 25 of that Act (costs where unqualified person acts as solicitor) the following subsection shall be added at the end—
§ "(3) For the avoidance of doubt, where a person does an act which would be an offence under section 23 were it not for the provisions of section 46 or 47 of the Courts and Legal Services Act 1990, this section does not apply in relation to that Act.".'.
§ 242 Page 122, line 42, at end insert:
§ '6A. In section 41 of that Act (employment by solicitor of person struck off or suspended), the following subsection shall be inserted after subsection (1)—
§ (1A) No solicitor shall, except in accordance with a written permission granted under this section, employ or remunerate in connection with his practice as a solicitor any person if, to his knowledge, there is a direction in force under section 47(2) (g) in relation to that person."
§ 6B. In section 42 of that Act (failure to disclose certain facts to solicitor employer), the following subsection shall be inserted after subsection (1)—
§ "(1A) Any person—
- (a) with respect to whom a direction is in force under section 47(2) (g); and
- (b) who seeks or accepts employment by a solicitor in connection with that solicitor's practice without previously informing him of the direction,
§ 243 Page 122, line 43, leave out paragraph 7.
§ 244 Page 122, line 44, at end insert:
§ '7A.—(1) Section 80 of that Act (powers to act on behalf of Society) shall be amended as follows.
§ (2) In subsection (1) for the words "to committees conferred on the Council" there shall be substituted "conferred"
§ (3) In subsection (3)—
- (a) after the word "Council", in the second place where it occurs, there shall be inserted "or sub-committee"; and
- (b) for the words "or the committee" there shall be substituted ", committee or sub-committee".'.
§ 245 Page 123, line 11, at end insert:
§ '(3B) Where it appears from his application for a practising certificate that a solicitor has not held or received clients' money at any time during the period specified in the application, the Council may require him—
- (a) to pay an annual contribution of a specified reduced amount on that application, or
- (b) to pay no annual contribution on that application.'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 238A to 245. I spoke to these amendments with Amendment No. 117.
Moved, That the House do agree with the Commons in their Amendments Nos. 238A to 245. —(The Lord Chancellor.).
§ On Question, Motion agreed to.