Administration of Justice Act 1985

33 Legal professional privilege.

(1) Subsection (2) applies where a licensed conveyancer or recognised body acts as such for a client. (2) Any communication, document, material or information is privileged from disclosure in like manner as if the licensed conveyancer or body had at all material times been acting as the client's solicitor. (3) This section does not apply to a recognised body which holds a licence under Part 5 of the Legal Services Act 2007 (alternative business structures).

33A Administration of oaths by licensed conveyancers or licensed CLC practitioners

The Council may make rules prescribing its arrangements for authorising licensed conveyancers or licensed CLC practitioners , for the purposes of the Legal Services Act 2007, to carry on activities which consist of the administration of oaths.

34 Modification of existing enactments relating to conveyancing etc.

(1) In the following provisions, namely— (a) sections 69 and 75(1) of the Law of Property Act 1925; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any reference to a solicitor shall be construed as including a reference to a licensed conveyancer and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer acting for that person. (2) In the following provisions, namely— (a) sections 10(2), 48 and 182 of the Law of Property Act 1925; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any reference to a solicitor shall be construed as including a reference to a licensed conveyancer or to a recognised body which is a conveyancing services body , and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer or such a recognised body acting for that person. (3) The Estate Agents Act 1979 shall not, by virtue of section 1 of that Act, apply to things done in the course of the provision of conveyancing services by a licensed conveyancer or a recognised body which is a conveyancing services body . (4) In this section “conveyancing services body” has the meaning given by section 32A.

35 Penalty for pretending to be a licensed conveyancer or recognised body.

(1) An individual shall not describe himself or hold himself out as a licensed conveyancer unless he holds a licence in force under this Part. (2) A body . . . shall not describe itself or hold itself out as a recognised body unless it is for the time being recognised under section 32. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

36 Offences by bodies corporate.

(1) Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body corporate, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate. (3) Proceedings for an offence under this section alleged to have been committed by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation. (4) A fine imposed on an unincorporated body on its conviction of an offence under this section is to be paid out of the funds of that body. (5) If an unincorporated body is charged with an offence under this section, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged. (6) Where an offence under this section committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that officer or member as well as the unincorporated body is guilty of the offence and liable to be proceeded against and punished accordingly. (7) Where an offence under this section committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. (8) In this section “officer”, in relation to a body corporate, means— (a) any director, secretary or other similar officer of the body corporate, or (b) any person who was purporting to act in any such capacity.

37 Service of documents.

Any notice or other document authorised or required to be given or served under this Part may be sent by post; and for the purpose of the application to this section of section 7 of the Interpretation Act 1978 (service by post) the proper address of a licensed conveyancer shall be the address of any place specified in the register as his place of business or one of his places of business.

38 Rules.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Any rules made by the Council under this Part may make different provision for different circumstances. (3) Without prejudice to the generality of subsection (2), any rules prescribing a fee may provide for that fee to be reduced, or to be waived by the Council, in such circumstances as may be specified in the rules.

39 Interpretation of Part II.

(1) In this Part— “associate” means, in the case of a licensed conveyancer practising in partnership with other persons, any partner of his not holding a licence in force under this Part or any employee of such a partner; “client” means— in relation to a licensed conveyancer, any person by whom or on whose behalf instructions regarding the provision of conveyancing services are given to the licensed conveyancer . . . ; in relation to a recognised body, any person by whom or on whose behalf such instructions are given to the body; and “client account” means an account in whose title the word “client” is required by rules under section 22(2); “conveyancing services” shall be construed in accordance with section 11(3); “the Council” means the Council for Licensed Conveyancers; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “fees” includes charges, disbursements, expenses and remuneration; “functions” includes powers and duties; “licence” and “licensed conveyancer” have the meaning given by section 11(2); “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act); “recognised body” means a body . . . for the time being recognised under section 32; . . . . . . (2) Any reference in this Part to a licensed conveyancer practising as a sole practitioner is a reference to a licensed conveyancer practising either as the sole principal in the practice or in partnership with other persons of whom none are licensed conveyancers.

40 Legal aid complaints: preliminary.

(1) For the purposes of this Part of this Act a legal aid complaint is a complaint relating to the conduct of a barrister or solicitor in connection with the provision for any person of services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 including, in the case of a solicitor, provision for any person of such services in the capacity of agent for that person’s solicitor. (2) In this Part— “legally assisted person” means a person to whom aid is ordered to be given under section 28 of the Legal Aid Act 1974; “the Senate” means the Senate of the Inns of Court and the Bar; and “Senate Disciplinary Tribunal” means any committee of the Senate which in accordance with the regulations of the Senate is to be known as a Disciplinary Tribunal. (3) In the Legal Aid Act 1974, sections 12(3) to (5) and 38(2) to (6) (which are superseded by this Part) shall cease to have effect.

41 Application to legal aid complaints against barristers of disciplinary provisions.

(1) The disciplinary provisions applicable to barristers shall apply to legal aid complaints relating to the conduct of barristers as they apply to other complaints about their conduct. (2) Subject to any exclusion or restriction made by those provisions and despite section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress), any disciplinary tribunal which hears a legal aid complaint relating to the conduct of a barrister may, if it thinks fit and whether or not it makes any other order, order that any fees otherwise payable by the Lord Chancellor in connection with services provided by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be reduced or cancelled. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An appeal shall lie in the case of an order under subsection (2) above in the same manner as an appeal would lie in the case of any other order of such a tribunal. (5) The reference in subsection (2) above to a disciplinary tribunal is a reference to a tribunal acting under the disciplinary provisions applicable to barristers and it includes a reference to a member exercising any functions of the tribunal delegated to him.

42 Exclusion of barristers from legal aid work.

(1) Subject to any exclusion or restriction made by the disciplinary provisions applicable to barristers, where a disciplinary tribunal hears a charge of professional misconduct or breach of professional standards against a barrister, it may order that he shall be excluded from criminal legal aid work , either temporarily or for a specified period, if it determines that there is good reason for the exclusion arising out of— (a) his conduct in connection with any such services as are mentioned in section 40(1), or (b) his professional conduct generally. (2) Subsection (4) of section 41 shall apply to an order under subsection (1) as it applies to an order under subsection (2) of that section. (3) The disciplinary provisions applicable to barristers shall include provision enabling a barrister who has been excluded from criminal legal aid work under this section to apply for an order terminating his exclusion . . . (4) In this section— (a) the reference to a disciplinary tribunal shall be construed in accordance with section 41(5); . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of— (a) advice or assistance described in section 13 or 15 of that Act, or (b) representation for the purposes of criminal proceedings.

43 Jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors.

(1) The Solicitors Disciplinary Tribunal shall have jurisdiction to hear and determine any legal aid complaint relating to the conduct of a solicitor and made to the Tribunal under this section by or on behalf of the Law Society. (2) In the following provisions of the Solicitors Act 1974, namely— (a) subsections (9) to (11) of section 46 (procedure of Tribunal); and (b) section 47(2) (powers of Tribunal), any reference to a complaint or to a complaint made to the Tribunal under that Act shall be construed as including a reference to a legal aid complaint or to a legal aid complaint made to the Tribunal under this section. (3) On the hearing of a legal aid complaint against a solicitor the Tribunal may, if it thinks fit and whether or not it makes any other order on the hearing, order that any costs otherwise payable by the Lord Chancellor in connection with services provided by the solicitor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be reduced or cancelled. (3A) Nothing in section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress) prevents an order being made under subsection (3). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) An appeal under section 49 of the Solicitors Act 1974 against an order of the Tribunal under subsection (3) lies only at the instance of the solicitor with respect to whom the legal aid complaint was made. (6) In this section “costs” includes fees, charges, disbursements, expenses and remuneration.

44 Exclusion of solicitor from legal aid work.

(1) Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Solicitors Disciplinary Tribunal) shall be amended as follows. (2) In subsection (2), after paragraph (b) there shall be inserted— (bb) in the circumstances referred to in subsection (2A), the exclusion of that solicitor from legal aid work (either permanently or for a specified period); . (3) After that subsection there shall be inserted— (2A) An order of the Tribunal may make provision for the exclusion of a solicitor from legal aid work as mentioned in subsection (2)(bb) where the Tribunal determines that there is good reason for doing so arising out of— (a) his conduct, including conduct in the capacity of agent for another solicitor, in connection with the provision for any person of services under the Legal Aid Act 1988; or (b) his professional conduct generally. (2B) Where the Tribunal makes any such order as is referred to in subsection (2A) in the case of a solicitor who is a member of a firm of solicitors, the Tribunal may, if it thinks fit, order that any other person who is for the time being a member of the firm shall be excluded (either permanently or for a specified period) from legal aid work. (2C) The Tribunal shall not make an order under subsection (2B) excluding any person from legal aid work unless an opportunity is given to him to show cause why the order should not be made. (2D) Any person excluded from legal aid work by an order under this section may make an application to the Tribunal for an order terminating his exclusion from such work. . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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47 Power of High Court to make judgments binding on persons who are not parties.

(1) This section applies to actions in the High Court relating to the estates of deceased persons or to trusts and falling within any description specified in rules of court. (2) Rules of court may make provision for enabling any judgment given in an action to which this section applies to be made binding on persons who— (a) are or may be affected by the judgment and would not otherwise be bound by it; but (b) have in accordance with the rules been given notice of the action and of such matters connected with it as the rules may require. (3) Different provision may be made under this section in relation to actions of different descriptions.

48 Power of High Court to authorise action to be taken in reliance on counsel’s opinion.

(1) Where— (a) any question of construction has arisen out of the terms of a will or a trust; and (b) an opinion in writing given by a person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, has been obtained on that question by the personal representatives or trustees under the will or trust, the High Court may, on the application of the personal representatives or trustees and without hearing argument, make an order authorising those persons to take such steps in reliance on the said opinion as are specified in the order. (2) The High Court shall not make an order under subsection (1) if it appears to the court that a dispute exists which would make it inappropriate for the court to make the order without hearing argument.

49 Powers of High Court on compromise of probate action.

(1) Where on a compromise of a probate action in the High Court— (a) the court is invited to pronounce for the validity of one or more wills, or against the validity of one or more wills, or for the validity of one or more wills and against the validity of one or more other wills; and (b) the court is satisfied that consent to the making of the pronouncement or, as the case may be, each of the pronouncements in question has been given by or on behalf of every relevant beneficiary, the court may without more pronounce accordingly. (2) In this section— “probate action” means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business; and “relevant beneficiary”, in relation to a pronouncement relating to any will or wills of a deceased person, means— (a) a person who under any such will is beneficially interested in the deceased’s estate; and (b) where the effect of the pronouncement would be to cause the estate to devolve as on an intestacy (or partial intestacy), or to prevent it from so devolving, a person who under the law relating to intestacy is beneficially interested in the estate.

50 Power of High Court to appoint substitute for, or to remove, personal representative.

(1) Where an application relating to the estate of a deceased person is made to the High Court under this subsection by or on behalf of a personal representative of the deceased or a beneficiary of the estate, the court may in its discretion— (a) appoint a person (in this section called a substituted personal representative) to act as personal representative of the deceased in place of the existing personal representative or representatives of the deceased or any of them; or (b) if there are two or more existing personal representatives of the deceased, terminate the appointment of one or more, but not all, of those persons. (2) Where the court appoints a person to act as a substituted personal representative of a deceased person, then— (a) if that person is appointed to act with an executor or executors the appointment shall (except for the purpose of including him in any chain of representation) constitute him executor of the deceased as from the date of the appointment; and (b) in any other case the appointment shall constitute that person administrator of the deceased’s estate as from the date of the appointment. (3) The court may authorise a person appointed as a substituted personal representative to charge remuneration for his services as such, on such terms (whether or not involving the submission of bills of charges for taxation by the court) as the court may think fit. (4) Where an application relating to the estate of a deceased person is made to the court under subsection (1), the court may if it thinks fit, proceed as if the application were, or included, an application for the appointment under the Judicial Trustees Act 1896 of a judicial trustee in relation to that estate. (5) In this section “beneficiary”, in relation to the estate of a deceased person, means a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate. (6) In section 1 of the Judicial Trustees Act 1896, after subsection (6) there shall be added— (7) Where an application relating to the estate of a deceased person is made to the court under this section, the court may, if it thinks fit, proceed as if the application were, or included, an application under section 50 of the Administration of Justice Act 1985 (power of High Court to appoint substitute for, or to remove, personal representative). .

51 Amendments relating to jurisdiction of county courts and district probate registrars in probate proceedings.

—— (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Administrative and clerical expenses of garnishees.

(1) Section 40A of the Senior Courts Act 1981 and section 109 of the County Courts Act 1984 (administrative and clerical expenses of garnishees) shall each be amended as follows. (2) For subsection (1) there shall be substituted— (1) Where an order nisi made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on any deposit-taking institution, the institution may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards the administrative and clerical expenses of the institution in complying with the order; and the right of an institution to make a deduction under this subsection shall be exercisable as from the time the order nisi is served on it. (1A) In subsection (1) “the relevant debt or debts”, in relation to an order nisi served on any such institution as is mentioned in that subsection, means the amount, as at the time the order is served on the institution, of the debt or debts of which the whole or a part is expressed to be attached by the order. (1B) A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction. . (3) In subsection (2), for “The prescribed sum may not” there shall be substituted “An amount may not in pursuance of subsection (1)”. (4) In subsection (4), the word “and” shall be omitted, and after paragraph (b) there shall be inserted— (c) may provide for this section not to apply to deposit-taking institutions of any prescribed description. .

53 Reimbursement of additional costs resulting from death or incapacity of presiding judge etc.

(1) Where— (a) the judge, or (as the case may be) any of the judges, presiding at any proceedings to which this section applies becomes temporarily or permanently incapacitated from presiding at the proceedings, or dies, at any time prior to the conclusion of the proceedings; and (b) any party represented at the proceedings incurs any additional costs in consequence of the judge’s incapacity or death, the Secretary of State may, if he thinks fit, reimburse that party in respect of any such additional costs, or in respect of such part thereof as he may determine; but the amount of any such reimbursement shall not exceed such sum as the Secretary of State may by order prescribe for the purposes of this section. (2) Subject to subsection (3), this section applies to— (a) proceedings in the civil division of the Court of Appeal; (b) civil proceedings in the High Court; (ba) proceedings in the family court;and (c) proceedings in the county court ; and, in the case of any interlocutory proceedings falling within paragraphs (a) to (c), applies separately to any such proceedings and to any other proceedings in the cause or matter in question. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For the purposes of this section the amount of any additional costs incurred by any person as mentioned in subsection (1)(b) shall be such amount as may be agreed between the Secretary of State and that person or, in default of agreement, as may be ascertained by taxation. (5) Where any proceedings to which this section applies— (a) are due to be begun before a judge at a particular time; but (b) are not begun at that time by reason of the judge becoming temporarily or permanently incapacitated from presiding at the proceedings or by reason of his death, subsection (1) shall have effect in relation to the incapacity or death of the judge as it has effect in relation to any such incapacity or death of a presiding judge as is mentioned in paragraph (a) of that subsection, but as if any reference to any party represented at the proceedings were a reference to any party who would have been so represented but for the judge’s incapacity or death. (6) In this section . . . “judge” in relation to any proceedings, includes— (a) a master, registrar or other person acting in a judicial capacity in the proceedings; or (b) a person assisting at the proceedings as an assessor or as an adviser appointed by virtue of section 70(3) of the Senior Courts Act 1981; and, in relation to any such person as is mentioned in paragraph (b), any reference to presiding at any proceedings shall be construed as including a reference to assisting at the proceedings. (7) Any order made by the Secretary of State under this section shall be made with the concurrence of the Treasury, and shall be so made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (8) Any sums required by the Secretary of State for making payments under this section shall be paid out of money provided by Parliament.

54 Register of county court judgments.

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55 Power of county court to grant relief from forfeiture for non-payment of rent.

(1) Section 138 of the County Courts Act 1984 (provisions as to forfeiture for non-payment of rent) shall be amended as provided in subsections (2) to (4) of this section. (2) In subsection (5), the words “Subject to subsection (6),” shall be omitted. (3) In subsection (7)— (a) for “enforced” there shall be substituted “enforceable”; and (b) after “the lessee shall” there shall be inserted “, subject to subsections (8) and (9A),”. (4) After subsection (9) there shall be inserted— (9A) Where the lessor recovers possession of the land at any time after the making of the order under subsection (3) (whether as a result of the enforcement of the order or otherwise) the lessee may, at any time within six months from the date on which the lessor recovers possession, apply to the court for relief; and on any such application the court may, if it thinks fit, grant to the lessee such relief, subject to such terms and conditions, as it thinks fit. (9B) Where the lessee is granted relief on an application under subsection (9A) he shall hold the land according to the lease without any new lease. (9C) An application under subsection (9A) may be made by a person with an interest under a lease of the land derived (whether immediately or otherwise) from the lessee’s interest therein in like manner as if he were the lessee; and on any such application the court may make an order which (subject to such terms and conditions as the court thinks fit) vests the land in such a person, as lessee of the lessor, for the remainder of the term of the lease under which he has any such interest as aforesaid, or for any lesser term. In this subsection any reference to the land includes a reference to a part of the land. . (5) In section 139 of the County Courts Act 1984 (service of summons and re-entry), after subsection (2) there shall be inserted— (3) Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section. .

56 Interpretation of Part IV.

In this Part— “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court; “judgment” includes an order; “will” includes a nuncupative will and any testamentary document of which probate may be granted.

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59 Pensions Appeal Tribunals: provision for appeals by non-residents to be heard in Scotland or Northern Ireland.

(1) The Schedule to the Pensions Appeal Tribunals Act 1943 shall be amended as follows. (2) In paragraph 6 (which provides for appeals by persons not resident in Scotland or Northern Ireland to be heard by one of the Tribunals appointed for England and Wales), after “and” there shall be inserted “, subject to any provision made by virtue of paragraph 6A of this Schedule,”. (3) After paragraph 6 there shall be inserted— 6A Rules made under this Schedule may make provision for enabling an appeal brought by a person who, at the time when the notice of appeal was given, did not reside in any part of the United Kingdom to be heard by one of the Tribunals appointed for Scotland or, as the case may be, for Northern Ireland where, on an application in that behalf by the appellant made in such manner as may be prescribed by the rules to such authority as may be so prescribed, that authority is satisfied— (a) that the appellant has a closer connection with Scotland or, as the case may be, with Northern Ireland than with England and Wales; or (b) that there is some other good reason for the appeal to be heard in Scotland or, as the case may be, Northern Ireland. .

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61 Constitution of [youth courts] in London.

In Schedule 2 to the Children and Young Persons Act 1963 (which by virtue of section 17(1) of that Act has effect as Schedule 2 to the Children and Young Persons Act 1933), in Part II (constitution of youth courts in Inner London and the City), after paragraph 15 there shall be inserted— 15A (1) Where, in the case of any sitting of a youth court, a person nominated under paragraph 15(b) of this Schedule— (a) is available to act as chairman; but (b) considers that it would be appropriate for another member of the court to act as chairman, he may nominate that member to act as chairman at that sitting. (2) A member of a youth court nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court. .

62 Amendments of Judicature (Northern Ireland) Act 1978.

(1) In section 70(2)(a) of the Judicature (Northern Ireland) Act 1978 the words “and is in practice as such” (which disqualify non-practising barristers and solicitors for appointment as statutory officers under section 70(2) of that Act) shall be omitted. (2) In section 103(3) of that Act (appointment and removal from office of justices of the peace) for the words from “on behalf” to “Chancellor” there shall be substituted the words “by the Lord Chancellor by instrument on behalf and in the name of Her Majesty”.

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64 Northern Ireland rules of court with respect to disclosure of expert evidence etc.

(1) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings, or in connection with the obtaining or giving of legal advice, are in certain circumstances privileged from disclosure, provision may be made by rules of court for requiring, in the case of civil proceedings of any description specified in the rules— (a) a party who has been afforded a medical examination of another party to disclose to that other party the result of the examination; (b) a party who proposes to adduce at the trial expert evidence with respect to medical matters, or matters of any other class specified in the rules, to disclose that evidence to every other party to the proceedings; and any such disclosure shall be made by the furnishing of any such document or documents as may be specified in the rules, and shall be so made by such time as may be determined by or in accordance with the rules. (2) Provision may be made by rules of court as to the conditions subject to which expert evidence may be given in civil proceedings. (3) Without prejudice to the generality of subsection (2), rules of court made in pursuance of that subsection may make provision for prohibiting a party from adducing, except with the leave of the court, any expert evidence the contents of which were required to be, but have not been, disclosed by him in accordance with rules under subsection (1)(b). (4) Any rules of court made in pursuance of this section may make different provision for different classes of cases and for other different circumstances. (5) In this section “rules of court” means— (a) rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978; or (b) county court rules made under Article 47 of the County Courts (Northern Ireland) Order 1980; and nothing in this section shall prejudice the generality of either of those provisions. (6) Section 71 of the Administration of Justice Act 1982 (which is superseded by this section) shall cease to have effect.

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67 Consequential amendments and repeals.

(1) The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act. (2) The enactments specified in Schedule 8 are hereby repealed to the extent specified in the third column of that Schedule.

68 Extent: power to make corresponding provision for Northern Ireland.

(1) With the exception of the provisions referred to in subsection (2), this Act does not extend to Scotland or Northern Ireland. (2) Those provisions are— (a) sections 59 and 60; (b) sections 62 to 64, section 67(2) and Schedule 8 so far as they relate to the Justices Protection (Ireland) Act 1849, the Judicature (Northern Ireland) Act 1978 and the Administration of Justice Act 1982, and paragraph 16 of Schedule 9. (c) section 66; (d) this section; and (e) section 69. (3) Of those provisions— (a) subsections (1) to (5) of section 60 extend to the Isle of Man as well as to Scotland and Northern Ireland; (b) the provisions referred to in subsection (2)(b) extend to Northern Ireland only; and (c) section 66 does not extend to Northern Ireland. (4) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 45 or 52 of this Act— (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but (b) shall be subject to annulment in pursuance of a resolution of either House.

69 Short title, commencement, transitional provisions and savings.

(1) This Act may be cited as the Administration of Justice Act 1985. (2) Subject to subsections (3) and (4), this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and an order under this subsection may appoint different days for different provisions and for different purposes. (3) The following provisions of this Act shall come into force on the day this Act is passed— (a) section 63; (b) Part I of Schedule 8 and section 67(2) so far as relating thereto; (c) section 68; (d) this section and Schedule 9. (4) The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed— (a) sections 45, 49, 52, 54, 56 to 62 and 64 and 65; (b) paragraph 8 of Schedule 7 and section 67(1) so far as relating thereto; (c) Part II of Schedule 8 and section 67(2) so far as relating thereto. (5) The transitional provisions and savings contained in Schedule 9 shall have effect; but nothing in that Schedule shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to repeals).

SCHEDULE 1 Minor Amendments of Solicitors Act 1974

Section 8. 1 In section 3 (admission as solicitor), in subsection (3), for “High Court” substitute “Supreme Court”. 2 In section 7 (entry of name and restoration of name struck off), omit “not exceeding £15”. 3 In section 8 (removal or restoration of name at solicitor’s request), in subsection (2), omit “not exceeding £15”. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In section 21 (unqualified person not to pretend to be a solicitor), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale.” 7 In section 24 (application of penal provisions to body corporate)— (a) in subsection (1)(a), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale, and”; and (b) in subsection (1)(b), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale.” 8 (1) Section 28 (regulations) shall be amended as follows. (2) After subsection (3) insert— (3A) Regulations about the keeping of the roll may— (a) provide for the Society, at such intervals as may be specified in the regulations, to enquire of solicitors of any class so specified whether they wish to have their names retained on the roll; (b) require solicitors of any such class, at such intervals as aforesaid, to pay to the Society a fee in respect of the retention of their names on the roll of such amount as may be prescribed by the regulations; and (c) authorise the Society to remove from the roll the name of any solicitor who— (i) fails to reply to any enquiry made in pursuance of paragraph (a) or to pay any fee payable by virtue of paragraph (b), or (ii) replies to any such enquiry by indicating that he does not wish to have his name retained on the roll; (d) authorise the Society to remove from the roll the name of any solicitor who has died. . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 In section 43 (control of employment of certain clerks)— (a) in subsection (1)(b), for the words from “in respect of” onwards substitute “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 employed by a solicitor in connection with his practice,”; and (b) omit subsection (6). 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 In section 87 (interpretation)— (a) in subsection (1)— (i) in the definition of “contentious business”, for “section 175(1) of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “section 128 of theSenior Courts Act 1981”; (ii) after the definition of “solicitor in Scotland” insert— “the standard scale” has the meaning given by section 37 of the Criminal Justice Act 1982; ; and (b) in subsection (2)— (i) at the end of paragraph (a) insert “or in pursuance of regulations under section 28(3A);” (ii) in paragraph (b), for “otherwise than at his own request” substitute “as a disciplinary sanction”. 13 (1) Schedule 1 (intervention in solicitor’s practice) shall be amended as follows. (2) In paragraph 1(1), after paragraph (e), insert— (ee) the Council are satisfied that a sole solicitor is incapacitated by illness or accident to such an extent as to be unable to attend to his practice; . (3) In paragraph 5(2), after “bank” insert “or other financial institution”. (4) In paragraph 6(4), for “14” substitute “8”. (5) In paragraph 7— (a) in sub-paragraph (1), for “and any such person” substitute “or into a client account of a solicitor nominated on behalf of the Society, and any such person or solicitor”; and (b) in sub-paragraph (2), after “bank” insert “or other financial institution”. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 Legal services practices: Supplementary Provisions

Section 9. Interpretation 1 (1) Subject to sub-paragraph (2), references in this Schedule to a recognised body or a recognised sole solicitor’s practice are references to a body or sole solicitor’s practice . . . for the time being recognised under section 9 of this Act. (2) References in this Schedule to a recognised body or a recognised sole solicitor’s practice in relation to— (a) a complaint (other than such a complaint as is mentioned in paragraph 16(1)(a)); . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . include references to a body or sole solicitor’s practice . . . that was recognised under section 9 of this Act at the time when the conduct to which the complaint . . . relates took place. (2A) References in this Schedule to a manager or employee of a recognised body, or to an employee in a recognised sole solicitor’s practice, in relation to a complaint (other than such a complaint as is mentioned in paragraph 16(1A)(a)), include references to a person who was such a manager or employee at the time when the conduct to which the complaint relates took place. (2B) In this Schedule references to employment in a recognised sole solicitor’s practice have the same meaning as in section 9. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 87(1) of the 1974 Act the definitions of “client”, “contentious business” and “non-contentious business” shall apply for the purposes of this Schedule; and for the purposes of— (a) any provision of this Schedule in so far as it has effect in relation to a recognised body ; and (b) any provision of the 1974 Act in so far as it has effect in relation to a recognised body by virtue of this Schedule, they shall apply as if for any reference to a solicitor there were substituted a reference to a recognised body . . . . (5) Subject to sub-paragraphs sub-paragraphs (4) and (6), any expression used in this Schedule which is also used in the 1974 Act has the same meaning as in that Act. (6) In this Schedule— “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act); “registered European lawyer” has the same meaning as in section 9A; “the 1974 Act” means the Solicitors Act 1974. Appeal against refusal of Society to grant recognition etc 2 (1) A body may appeal to the High Court against— (a) a decision to refuse an application by the body for recognition under section 9; (b) a decision to impose a condition under subsection (2F) of that section on the body's recognition under that section; (c) a decision to impose a condition under subsection (2G) of that section on the body's recognition under that section. (1A) A sole solicitor may appeal to the High Court against— (a) a decision to refuse an application for recognition of the solicitor’s practice under section 9; (b) a decision to impose a condition under subsection (2F) of that section on the recognition of the solicitor’s practice under that section; and (c) a decision to impose a condition under subsection (2G) of that section on the recognition of the solicitor’s practice under that section. (2) A recognised body whose recognition is subject to a condition within section 9(2H)(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. (2A) Where the recognition of a recognised sole solicitor’s practice is subject to a condition within section 9(2H)(b), the sole solicitor 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) Rules made by the Society may make provision, as respects any application for recognition 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 paragraph in relation to the application as if it had been refused by the Society. (4) On an appeal under sub-paragraph (1)(a) or (b) or (1A)(a) or (b) , the High Court may— (a) affirm the decision of the Society, (b) direct the Society to grant the body or sole solicitor’s practice recognition under section 9 free from conditions or subject to such conditions as the High Court may think fit, (c) direct the Society not to recognise the body or sole solicitor’s practice , (d) if the Society has recognised the body or sole solicitor’s practice , by order suspend the recognition, or (e) make such other order as the High Court thinks fit. (5) On an appeal under sub-paragraph (1)(c) or (1A)(c) , the High Court may— (a) affirm the decision of the Society, (b) direct that the ... recognition under section 9 is to have effect subject to such conditions as the High Court may think fit, (c) by order revoke the direction given by the Society under section 9(2G), or (d) make such other order as the High Court thinks fit. (6) On an appeal under sub-paragraph (2) or (2A) , 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 9(2H)(b), or (c) make such other order as the High Court thinks fit. (7) In relation to an appeal under this paragraph, the High Court may make such order as it thinks fit as to payment of costs. (8) The decision of the High Court on an appeal under this paragraph is final. Accounts rules 3 (1) This paragraph applies where rules made under section 32(1) of the 1974 Act are applied— (a) to recognised bodies in accordance with section 9(2)(f) of this Act, or (b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act. (2) The Society may disclose a report on or information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use— (a) in investigating the possible commission of an offence by the body or any of its managers or employees, and (b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation. Interest on clients’ money 4 (1) Where rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, then, except as provided by the rules , a recognised body is not liable to account to any client, other person or trust for interest received by the recognised body 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 recognised body, other persons or trusts, generally, or (b) that client, person or trust separately. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4ZA Where rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), then, except as provided by the rules, a manager or employee to whom the rules are applied is not liable to account to any client, other person or trust for interest received by the manager or 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 recognised body, other persons or trusts, generally, or (b) that client, person or trust, separately. Inspection of bank accounts 4A (1) This paragraph applies where rules made under section 33A(1) of the 1974 Act are applied— (a) to recognised bodies in accordance with section 9(2)(f) of this Act, or (b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act. (2) The Society may disclose information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use— (a) in investigating the possible commission of an offence by the body or any of its managers or employees, and (b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation. Accountants’ reports 5 Where rules made under section 34 of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f), section 34(9) and (10) of that Act apply in relation to a recognised body as they apply in relation to a solicitor. 5A Where rules made under section 34 of the 1974 Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), section 34(9) and (10) of that Act apply in relation to a manager or employee to which the rules are applied as they apply in relation to a solicitor. Compensation Fund 6 (1) Section 36 of the 1974 Act applies in relation to recognised bodies as if for paragraphs (a) and (b) of subsection (1) there were substituted— (a) an act or omission of a recognised body or former recognised body; (b) an act or omission of a manager or employee, or former manager or employee, of a recognised body or former recognised body; . (2) Section 36A(2) and (3) of the 1974 Act applies in relation to recognised bodies as it applies in relation to solicitors. Solicitor who is justice of the peace not to act in certain proceedings 7 In section 38 of the 1974 Act references to any partner of a solicitor shall be construed, in relation to a solicitor who is a manager of a recognised body, as references to any other solicitor who is a manager of that body. Restriction on employment of person struck off roll or suspended 9 (1) Section 41 of the 1974 Act (except subsection (4)) shall apply to a recognised body (and any manager or employee of it) and its business as such as it applies to a solicitor and his practice as such. (2) No recognised body (or manager or employee of such a body) may, except in accordance with a written permission granted by the Society under this paragraph, permit a person to whom sub-paragraph (3) applies to— (a) be a manager of the body, or (b) have an interest in the body; and for this purpose a person has an interest in the body if he has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act). (3) This sub-paragraph applies to a person who to the knowledge of the recognised body (or, as the case may be, the manager or employee) is a person— (a) who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or (b) in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll). (4) Permission granted for the purposes of sub-paragraph (2) may be granted for such period and subject to such conditions as the Society thinks fit. (5) A person aggrieved by the refusal of the Society to grant permission under sub-paragraph (4), or by any conditions attached by the Society to the grant of any such permission may appeal to the High Court which may— (a) confirm the refusal or the conditions, as the case may be, or (b) grant a permission under this paragraph for such period and subject to such conditions as it thinks fit. (6) In relation to an appeal under sub-paragraph (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 sub-paragraph (5) is final. Failure to disclose fact of having been struck off or suspended 10 (1) Section 42(1) and (1A) of the 1974 Act shall apply in relation to employment by a recognised body (or any manager or employee of such a body) in connection with its business as it applies in relation to employment by a solicitor in connection with his practice. (2) It is an offence for a person (“P”) to whom sub-paragraph (3) applies— (a) to seek or accept from any person an interest in a recognised body, without previously informing that person (and, if different, the recognised body) that P is a person to whom that sub-paragraph applies, or (b) to seek or accept a position as a manager of a recognised body, without previously informing that body that P is such a person. (3) This sub-paragraph applies to a person— (a) who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or (b) in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll). (4) A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) Subsection (2) of section 42 of the 1974 Act applies in relation to an offence under sub-paragraph (2) as it applies in relation to an offence under that section. (6) For the purposes of sub-paragraph (2)(a) 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). Control of employment of persons convicted of offences of dishonesty and certain other persons 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences in connection with orders under section 43(2) of the 1974 Act 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Council in respect of inadequate professional services 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . information about suitatbility for recognition 14 (1) The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether— (a) a recognised body continues to be suitable to be recognised under section 9, or (b) a manager of a recognised body who is not legally qualified (within the meaning of section 9A) continues to be suitable to be a manager of a recognised body. (2) A notice under this paragraph is a notice which requires a person within sub-paragraph (3)— (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. (3) The persons are— (a) the recognised body; (b) an employee or manager of the recognised body; (c) a person who has an interest in the recognised body (within the meaning of the Legal Services Act 2007 (see sections 72 and 109 of that Act)). (4) For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies— (a) in relation to a notice under this paragraph as if it were a notice under section 44B of that Act, and (b) in relation to a person given a notice under this paragraph as if that person were a person given a notice under that section, and references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph. (5) Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a), (b) or (c) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question. (6) Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given. (7) Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly. (8) Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly. 14ZA. (1) The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether a recognised sole solicitor’s practice continues to be suitable to be recognised under section 9. (2) A notice under this paragraph is a notice which requires a person within sub-paragraph (3)— (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. (3) The persons are— (a) the sole solicitor; and (b) an employee in the recognised sole solicitor’s practice. (4) For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies— (a) in relation to a notice under this paragraph as if it were a notice under section 44B of that Act, and (b) in relation to a person given a notice under this paragraph as if that person were a person given a notice under that section, and references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph. (5) Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a) or (b) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question. (6) Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given. (7) Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly. (8) Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly. Power to charge for costs of investigation 14A (1) The Society may make regulations prescribing charges to be paid to the Society by recognised bodies who are the subject of a discipline investigation or by the sole solicitor in a recognised sole solicitor’s practice which is subject to a discipline investigation . (2) A discipline investigation is an investigation carried out by the Society into a failure or apprehended failure by a recognised body , or by a sole solicitor, or any employee, in a recognised sole solicitor’s practice, to comply with any requirement imposed by or by virtue of this Act or any rules applicable to them by virtue of section 9. (3) Regulations under this paragraph 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 recognised body or a sole solicitor is required to pay under regulations under this paragraph is recoverable by the Society as a debt due to the Society from the recognised body or from that sole solicitor . (5) This paragraph applies in relation to a manager or employee of a recognised body as it applies in relation to a recognised body. Disciplinary powers of the Society 14B (1) This paragraph applies where the Society is satisfied that— (a) a recognised body, or a manager or employee of a recognised body, or (b) a sole solicitor, or any employee, in a recognised sole solicitor’s practice, has failed to comply with a requirement imposed by or by virtue of this Act or any rules applicable to that person by virtue of section 9 of this Act. (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 £25,000. (2A) In a case where this sub-paragraph applies, sub-paragraph (2)(b) has effect as if the words after “penalty” (which set a limit on the amount of the penalty a person may be directed to pay) were omitted. (2B) Sub-paragraph (2A) applies where the Society takes action against a person under sub-paragraph (2)(b) for failure to comply with a requirement or rule referred to in sub-paragraph (1) where— (a) the requirement or rule applies only for purposes relating to the prevention or detection of economic crime, or (b) the failure consisted of an act or omission which had the effect of inhibiting the prevention or detection of economic crime. (2C) In sub-paragraph (2B) “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023. (3) The Society may publish details of any action it has taken under sub-paragraph (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 sub-paragraph (2)(b), or decides to publish under sub-paragraph (3) details of such action under sub-paragraph (2)(a) or (b), it must notify the person in writing that it has done so. (5) A penalty imposed under sub-paragraph (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 paragraph 14C, or (b) if such an appeal is made, such time as it is determined or withdrawn. (6) The Society may not publish under sub-paragraph (3) details of any action under sub-paragraph (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 sub-paragraph (2)(b), the amount of the penalty, or (iii) the decision to publish the details, may be made under paragraph 14C, 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 sub-paragraph (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 sub-paragraph (3) of details of action taken under sub-paragraph (2)(a) or (b); and the Society may make such other rules in connection with the exercise of its powers under this paragraph as it considers appropriate. (8) Before making rules under sub-paragraph (7), the Society must consult the Tribunal. (9) A penalty under this paragraph 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 sub-paragraph (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 sub-paragraph (10), the Lord Chancellor must consult the Society. (12) An order under sub-paragraph (10) is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (13) This paragraph is without prejudice to any power conferred on the Society, or any other person, to make an application or complaint to the Tribunal. 14C (1) A person may appeal against— (a) a decision by the Society to rebuke that person under paragraph 14B(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 paragraph 14B(2)(b) or the amount of that penalty; (c) a decision by the Society to publish under paragraph 14B(3) details of any action taken against that person under paragraph 14B(2)(a) or (b). (2) Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of the 1974 Act (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this paragraph 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) of the 1974 Act may, in particular, make provision about the period during which an appeal under this paragraph may be made. (4) On an appeal under this paragraph, the Tribunal has power to make an order which— (a) affirms the decision of the Society; (b) revokes the decision of the Society; (c) in the case of a penalty imposed under paragraph 14B(2)(b), varies the amount of the penalty; (d) in the case of a recognised body, contains provision for any of the matters mentioned in paragraph 18(2); (e) in the case of a manager or employee of a recognised body, or in the case of a sole solicitor, or an employee, in a recognised sole solicitor’s practice, contains provision for any of the matters mentioned in paragraph 18A(2); (f) makes such provision as the Tribunal thinks fit as to payment of costs. (5) Where, by virtue of sub-paragraph (4)(e), an order contains provision for any of the matters mentioned in sub-paragraph (2)(c) of paragraph 18A, sub-paragraphs (5) and (6) of that paragraph apply as if the order had been made under sub-paragraph (2)(c) of that paragraph. (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 paragraph as it may think fit. (8) Any decision of the High Court on an appeal under this section shall be final. (9) This paragraph is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it. Lay observers 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaints to Tribunal with respect to recognised bodies and recognised sole solicitor’s practice, 16 (1) The Tribunal shall have jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to a recognised body, namely— (a) a complaint that the body has (while a recognised body) been convicted by any court . . . of a criminal offence which renders it unsuitable to be recognised under section 9 of this Act; (b) a complaint that the body has failed to comply with any requirement imposed by or by virtue of this Act or with any rules applicable to it by virtue of section 9 of this Act; (c) a complaint that the body has acted in contravention of section 41 of the 1974 Act or paragraph 9(2) of this Schedule or of any conditions subject to which a permission has been granted under section 41 of that Act or that paragraph of this Schedule; or (d) a complaint that the body has knowingly acted in contravention of any such order as is mentioned in section 44(2) of the 1974 Act or of any conditions subject to which a permission has been granted under such an order. (1A) The Tribunal shall have jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to a manager or employee of a recognised body (“the relevant person”)— (a) a complaint that the relevant person has been convicted by any court of a criminal offence which renders that person unsuitable to be a manager or employee (or both) of a recognised body; (b) a complaint that the relevant person has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act; (c) a complaint that the relevant person has acted in contravention of section 41 of the 1974 Act or paragraph 9(2) of this Schedule or of any conditions subject to which a permission has been granted under that section or for the purposes of paragraph 9(2) of this Schedule; (d) a complaint that the relevant person has knowingly acted in contravention of an order under section 43(2) of the 1974 Act or of any conditions subject to which a permission has been granted under such an order. (1B) The Tribunal has jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to the sole solicitor, or an employee, in a recognised sole solicitor’s practice (“the relevant person”)— (a) a complaint that the relevant person has been convicted by any court of a criminal offence which renders that person unsuitable to be the sole solicitor, or an employee, in a recognised sole solicitor’s practice (or both); (b) a complaint that the relevant person has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act. (2) A complaint may be made to the Tribunal under this paragraph by any person. Procedure on applications and complaints 17 In subsections (9) to (11) of section 46 of the 1974 Act— (a) any reference to an application or complaint shall be construed as including a reference to any such application as is mentioned in paragraph . . . 21(1) or any such complaint as is mentioned in paragraph ... 16(1) , (1A) or (1B) ; (b) any reference to an application or complaint made under that Act shall be construed as including a reference to any such application or complaint as aforesaid made under this Schedule; and (c) in the case of subsection (10)(c), any reference to a solicitor shall be construed as including a reference to a recognised body or, in the case of such a complaint as is mentioned in paragraph 16(1A) or (1B) , to a manager or employee of such a body or (as the case may be) to an employee in a recognised sole solicitor’s practice . Powers of Tribunal with respect to recognised bodies 18 (1) Where on the hearing of any complaint made to it under this Schedule (other than paragraph 16(1A) the Tribunal is satisfied that a recognised body— (a) has been convicted as mentioned in paragraph (a) of paragraph 16(1); or (b) has failed to comply with any requirement imposed by or by virtue of this Act or with any such rules as are mentioned in paragraph (b) of paragraph 16(1); or (c) has acted as mentioned in paragraph (c) or (d) of that provision; ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2). (2) Those orders are— (a) an order revoking the recognition under section 9 of this Act of the body to which the complaint relates; (b) an order directing the payment by that body of a penalty . . . , to be forfeited to Her Majesty; (c) an order requiring that body to pay the costs incurred in bringing against it the proceedings before the Tribunal or a contribution towards those costs, being a contribution of such amount as the Tribunal considers reasonable. (2A) Where, on the hearing of any application or complaint made to it under this Schedule, the Tribunal is satisfied that more than one allegation is proved against the recognised body to whom the application or complaint relates, it may impose a separate penalty (by virtue of sub-paragraph (2)(b) ) with respect of each such allegation. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18A (1) Where, on the hearing of any complaint made to it under paragraph 16(1A) or (1B) of this Schedule, the Tribunal is satisfied that a manager or employee of a recognised body , or the sole solicitor, or an employee, in a recognised sole solicitor’s practice — (a) has been convicted as mentioned in paragraph (a) of paragraph 16(1A) or (as the case may be) paragraph (a) of paragraph 16(1B) , (b) has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act, or (c) (in the case of a manager or employee of a recognised body) has acted as mentioned in paragraph (c) or (d) of paragraph 16(1A), the Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2). (2) Those orders are— (za) in the case of a complaint relating to a sole solicitor, or an employee, in a recognised sole solicitor’s practice, an order revoking the recognition under section 9 of this Act of the sole solicitor’s practice; (a) an order directing the payment by the relevant person 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 the relevant person; (c) if the person is not a solicitor, an order which states one or more of the matters mentioned in sub-paragraph (3); (d) an order requiring the Society to refer to an appropriate regulator any matter relating to the conduct of the relevant person. (3) The matters referred to in sub-paragraph (2)(c) are— (a) that as from the specified date— (i) no solicitor or employee of a solicitor shall employ or remunerate, in connection with the practice carried on by that solicitor, the person with respect to whom the order is made, and (ii) no recognised body, or manager or employee of such a body, shall employ or remunerate that person, in connection with the business of the recognised 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. (4) For this purpose a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 the Legal Services Act 2007 (see sections 72 and 109 of that Act). (5) Subsections (1) to (1C), (3) and (4) of section 44 of the 1974 Act (offences in connection with orders under section 43(2) of that Act) apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of that Act, except that references in those subsections to provision within section 43(2)(a), (b) or (c) of that Act are to be read as references to provision within sub-paragraph (3)(a), (b) or (c). (6) Section 44(2) of the 1974 Act, paragraph 16(1)(d) and (1A)(d) of this Schedule and paragraph 15(3A) of Schedule 14 to the Courts and Legal Services Act 1990 apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of the 1974 Act. (7) For the purposes of sub-paragraph (2)(d) an “appropriate regulator” in relation to the relevant person means— (a) if the person is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007, any relevant approved regulator (within the meaning of that Act) in relation to that person, and (b) if the person carries on activities which are not reserved legal activities, any body which regulates the carrying on of such activities by the person. Powers of Tribunal in respect of inadequate professional services 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Tribunal in respect of legal aid complaints 20 (1) Where the Tribunal makes any such order as is referred to in subsection (2A) of section 47 of the 1974 Act in the case of a solicitor who is a manager or employee of a recognised body, the Tribunal may, if it thinks fit, order that any solicitor who is for the time being a manager of that body shall be excluded (either permanently or for a specified period) from criminal legal aid work (as defined in that section) . (1A) Where the Tribunal makes any such order as is referred to in section 47(2A) of the 1974 Act in the case of a solicitor who is an employee in a recognised sole solicitor’s practice, the Tribunal may, if it thinks fit, order that any solicitor who is for the time being the sole solicitor in that practice shall be excluded (either permanently or for a specified period) from criminal legal aid work (as defined in that section). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation of recognition by reason of default by director 21 (1) Where— (a) any order is made by the Tribunal under section 47 of the 1974 Act in the case of a manager of a recognised body or of the sole solicitor in a recognised sole solicitor’s practice ; or (b) an order is made by the High Court or the Court of Appeal that the name of a manager of a recognised body , or of the sole solicitor in a recognised sole solicitor’s practice, be struck off the roll or that such a manager or sole solicitor be suspended from practice as a solicitor; or (c) any such order as is mentioned in paragraph (a) or (b) is made in the case of a person employed by a recognised body and the act or omission constituting the ground on which the order was made was instigated or connived at by a manager of the recognised body or, if the act or omission was a continuing act or omission, a manager of the body had or reasonably ought to have had knowledge of its continuance, or (d) any such order as is mentioned in paragraph (a) or (b) is made in the case of a person employed in a recognised sole solicitor’s practice and the act or omission constituting the ground on which the order was made was instigated or connived at by the sole solicitor, or, if the act or omission was a continuing act or omission, the sole solicitor had or reasonably ought to have had knowledge of its continuance, the Tribunal may, on an application made with respect to the recognised body or the recognised sole solicitor’s practice by or on behalf of the Society, by order revoke its recognition under section 9 of this Act. (2) The Tribunal shall not take a case into consideration during any period within which proceedings by way of appeal may be brought which may result in sub-paragraph (1) being rendered inapplicable in that case, or while any such proceedings are pending. (3) Any reference to a manager of a recognised body , or to a sole solicitor in a recognised sole solicitor’s practice, in any of paragraphs (a) to (c) of sub-paragraph (1) includes a reference to a person who was a manager of the body , or the sole solicitor in the practice, at the time of the conduct leading to the making of the order referred to in that paragraph. (4) The reference in paragraph (c) of sub-paragraph (1) to a person employed by a recognised body , or in a sole solicitor’s practice, includes a reference to a person who was so employed at the time of the conduct leading to the making of the order referred to in that paragraph. Costs: general modification of provisions of Part III of 1974 Act 22 (1) In the provisions to which this paragraph applies— (a) any reference to a solicitor or to a client of a solicitor shall be construed as including a reference to a recognised body or to a client of such a body; and (b) any reference to a client’s solicitor shall be construed as including a reference to any recognised body acting for a client. (2) This paragraph applies to the following provisions of the 1974 Act (which relate to the remuneration of solicitors in respect of contentious and non-contentious business), namely— section 56 (except subsections (1)(e) and (5)); sections 57 to 59; section 60 (except subsection (5)); sections 61 and 62; sections 64 and 65; section 67; section 69(1); and sections 70 to 74. Orders as to remuneration for non-contentious business 23 (1) In relation to an order under section 56 of the 1974 Act prescribing (by virtue of paragraph 22) general principles to be applied when determining the remuneration of recognised bodies in respect of non-contentious business, subsection (5) of that section shall have effect as if— (a) in paragraph (a), for “the solicitor” there were substituted “the recognised body”; and (b) in paragraph (d), the reference to the solicitor or any employee of the solicitor who is an authorised person were a reference to any manager or employee of the recognised body who is an authorised person. (2) In this paragraph “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). Effect of contentious business agreements 24 (1) This paragraph applies in relation to a contentious business agreement made between a recognised body and a client. (2) A provision in the agreement that the body shall not be liable for the negligence of any of its managers or employees 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. (3) A provision in the agreement that the body shall be relieved from any responsibility to which it would otherwise be subject in the course of carrying on its business as a recognised body shall be void. (4) A provision in the agreement that any manager of the body shall be relieved from any responsibility to which the manager would otherwise be subject in the course of the carrying on by the body of its business as a recognised body shall be void. Effect on contentious business agreement of supervening incapacity of recognised body to act for client 25 (1) If, after some business has been done under a contentious business agreement made between a recognised body and a client but before the body has wholly performed it, the body ceases to be capable of wholly performing it by reason of one of the following events, namely— (a) the body ceases (for any reason) to be a recognised body; (b) a relevant insolvency event occurs in relation to the body; (c) the client terminates the retainer or employment of the body in favour of another recognised body or a solicitor (as, notwithstanding the agreement, he shall be entitled to do), any party to, or the representative of any party to, the agreement may apply to the court, and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as the court would have had if the recognised body were still capable of wholly performing it. (2) The court, notwithstanding that it is of the opinion that the agreement is in all respects fair and reasonable, may order the amount due in respect of business under the agreement to be ascertained by assessment, and in that case— (a) the costs officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and (b) payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been wholly performed. (3) If in such a case as is mentioned in sub-paragraph (1)(c) an order is made for the assessment of the amount due to the recognised body in respect of the business done under the agreement, the court shall direct the costs officer to have regard to the circumstances under which the termination of the body’s retainer or employment has taken place, and the costs officer, unless he is of the opinion that there has been no default, negligence, improper delay or other conduct on the part of any manager or employee of the body affording the client reasonable ground for terminating its retainer or employment, shall not allow to the body the full amount of the remuneration agreed to be paid to it. (4) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if— (a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986; (b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act; (c) an administrative receiver within the meaning of section 251 of that Act is appointed; (d) a winding up becomes a creditors’ voluntary winding up under section 96 of that Act (conversion to creditors’ voluntary winding up); (e) an order for the winding up of the body is made. Assessments with respect to contentious business 26 (1) Subject to the provisions of any rules of court, on every assessment of costs in respect of any contentious business done by a recognised body, the costs officer may— (a) allow interest at such rate and from such time as he thinks just on money disbursed by the body for the client, and on money of the client in the possession of, and improperly retained by, the body or any manager or employee of the body; and (b) in determining the remuneration of the body, have regard to the skill, labour and responsibility on the part of any authorised person, being a manager or employee of the body, which the business involved. (2) In this paragraph “authorised person” means an authorised person, in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007. Power of court to order delivery of bill of costs, etc. 27 Any jurisdiction— (a) of the High Court to make any such orders as are referred to in subsection (1) of section 68 of the 1974 Act in relation to a solicitor (whether or not business has been done by him in the High Court); or (b) of the county court or the family court to make any such orders as are referred to in subsection (2) of that section in relation to a solicitor, shall be exercisable in like manner in relation to a recognised body. Power of court to order recognised body to pay over clients’ money 28 Any jurisdiction of the High Court to make, in the case of a solicitor who is acting or has acted as such for a client, an order requiring the payment or delivery up of, or otherwise relating to, money or securities which the solicitor has in his possession or control on behalf of the client shall be exercisable in like manner in the case of a recognised body which is acting or has acted as such for a client or any manager or employee of such a body. Actions to recover costs 29 (1) Subsection (2A) of section 69 of the 1974 Act shall have effect in relation to a bill of costs delivered by a recognised body as if for paragraphs (a) and (b) there were substituted— (a) signed on behalf of the recognised body by any manager or employee of the body authorised by it to do so, or (b) enclosed in, or accompanied by, a letter which is so signed and refers to the bill. (2) Subsection (2E) of that section shall have effect in relation to such a bill as if for “the solicitor” there were substituted “ the recognised body ”. Power of Society to inspect files relating to certain proceedings 30 Section 83 of the 1974 Act shall apply in relation to proceedings which have been brought with respect to a recognised body for any of the following purposes, namely— (a) for the winding-up of the body; (b) for the appointment of an administrative receiver within the meaning of section 251 of the Insolvency Act 1986; or (c) for the appointment of an administrator under Schedule B1 to the Insolvency Act 1986, as it applies in relation to proceedings in bankruptcy which have been taken against a solicitor. Bank accounts 31 Where rules made under section 32(1) . . . of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, section 85 of the 1974 Act shall apply in relation to a recognised body which keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32. 31A Where rules made under section 32(1) of the 1974 Act are applied to managers or employees in accordance with section 9(2)(fb) of this Act, section 85 of the 1974 Act shall apply in relation to a manager or employee to whom the rules are applied who keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32. Intervention by Society 32 (1) Subject to sub-paragraph (2), where— (a) the Society is satisfied that a recognised body or a manager of such a body has failed to comply with any rules applicable to the body or manager by virtue of section 9 of this Act; or (b) a person has been appointed receiver or manager of property of a recognised body; or (c) a relevant insolvency event occurs in relation to a recognised body; or (d) the Society has reason to suspect dishonesty on the part of any manager or employee of a recognised body in connection with (i) that body's business, (ii) any trust of which that body is or was a trustee, (iii) any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee, or (iv) the business of another body in which the manager or employee is or was a manager or employee or the practice (or former practice) of the manager or employee; or (da) the Society considers that there has been undue delay on the part of the personal representatives of a deceased solicitor who immediately before death was practising as the sole principal of a recognised body in connection with the recognised body’s business or in connection with any trust; or (db) the Society is satisfied that a solicitor practising as the sole principal of a recognised body is incapacitated by illness, injury or accident to such an extent as to be unable to attend to the solicitor’s practice or to the recognised body’s business; or (e) the Society is satisfied that it is necessary to exercise the powers conferred by Part 2 of Schedule 1 to the 1974 Act (or any of them) in relation to a recognised body to protect— (i) the interests of clients (or former or potential clients) of the recognised body, (ii) the interests of the beneficiaries of any trust of which the recognised body is or was a trustee, or (iii) the interests of the beneficiaries of any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in that person's capacity as such a manager or employee; the powers conferred by Part II of Schedule 1 to the 1975 Act shall be exercisable in relation to the recognised body and its business in like manner as they are exercisable in relation to a solicitor and his practice. (1A) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if— (a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986; (b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act; (c) an administrative receiver within the meaning of section 251 of that Act is appointed; (d) a meeting of creditors is held in relation to the body under section 95 of that Act (creditors' meeting which has the effect of converting a members' voluntary winding up into a creditors' voluntary winding up); (e) an order for the winding up of the body is made. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32A. On the death of a solicitor practising as the sole principal of a recognised body, paragraphs 6 to 8 of Schedule 1 to the 1974 Act shall apply to the client accounts of the recognised body. 33 The powers conferred by Part II of Schedule 1 to the 1974 Act shall also be exercisable as mentioned in paragraph 32(1) of this Schedule where— (a) the Society is satisfied that there has been undue delay— (i) on the part of a recognised body in connection with any matter in which it is or was acting on behalf of a client or with any trust of which it is or was a trustee, or (ii) on the part of a person who is or was a manager or employee of a recognised body in connection with any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee; (b) the Society by notice in writing invites the body to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and (c) the body fails within that period to give an explanation which the Society regards as satisfactory; and (d) the Society gives notice of the failure to the body and (at the same or any later time) notice that the powers conferred by Part II of Schedule 1 to the 1974 Act are accordingly exercisable in its case by virtue of this paragraph. 34 (1) Where the recognition of a body . . . under section 9 of this Act— (a) has been revoked in accordance with rules under that section or by an order of the Tribunal under this Schedule; or (b) has expired and no further recognition of that body has been granted under that section, the powers conferred by Part II of Schedule 1 to the 1974 Act shall be exercisable in relation to the body . . . and its former business as a recognised body as they are exercisable in relation to a solicitor and his practice. (2) Where the powers conferred by Part II of Schedule 1 to the 1974 Act are exercisable in relation to a recognised body in accordance with paragraph 32 or 33 of this Schedule they shall continue to be so exercisable after that body’s recognition under section 9 of this Act has been revoked or has otherwise ceased to be in force. 35 In connection with the application of Part II of Schedule 1 to the 1974 Act for the purposes of this Schedule, in that Part of that Schedule— (a) any reference to the solicitor or to his practice shall be construed as including a reference to the body . . . in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 32, 32A, 33 or 34(1) of this Schedule or to its business (or former business) as a recognised body; (b) any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 32 or 34(1) of this Schedule; . . . (ba) any reference to paragraph 2 of that Schedule shall be construed as including a reference to paragraph 32A of this Schedule; (c) any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 33 of this Schedule. (d) paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was a manager of the recognised body is or was a trustee in his capacity as such a manager; (e) paragraph 9 of that Schedule is to be construed— (i) as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in his capacity as such a manager or employee, and (ii) as applying to such a manager or employee and documents and property in his possession or under his control in connection with such a trust as it applies to a solicitor and documents and property in the possession or under the control of the solicitor; (f) paragraph 11(1) of that Schedule is to be construed as including a power for the Society to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee, in his capacity as a manager or employee of the recognised body; and (g) paragraph 13A of that Schedule is to be read as if the references to a former partner were references— (i) in the case of a recognised body which is a partnership, to a former partner in the partnership, and (ii) in any other case to a manager or former manager of the recognised body. Privilege from disclosure etc. 36 (1) Where a recognised body acts as such for a client, any communication, document, material or information is privileged from disclosure in like manner as if the recognised body had at all material times been a solicitor acting for the client. (2) Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained shall, with any necessary modifications, have effect in relation to a recognised body as it has effect in relation to a solicitor. (3) In ... sections 748(4), 749 and 771(5) and (6) and 788(5) and (6) of the Income Tax Act 2007 and section 832(5) and (6) of the Corporation Tax Act 2010 any reference to a solicitor’s client shall, in relation to a solicitor who is a manager or employee of a recognised body, be construed as a reference to a client of that body. (4) This paragraph does not apply to a recognised body which holds a licence under Part 5 of the Legal Services Act 2007 (alternative business structures). Modification of enactments relating to conveyancing etc. 37 In the following provisions, namely— (a) sections 10(2), 48 and 182 of the Law of Property Act 1925; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) section 12 of the Land Charges Act 1972; (d) section 13 of the Local Land Charges Act 1975; . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any reference to a solicitor shall be construed as including a reference to a recognised body, and any reference to a person’s solicitor shall be construed as including a reference to a recognised body acting for that person.