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Change 1
As published
62A Council’s power to recover expenses incurred under section. . . 45 or 46.
(1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor (or from the estate of a solicitor who has died) or incorporated practice authorised legal business in respect of whom it has taken action under section . . . 45, or 46 45A or 46A (including, but not limited to, giving directions under section 45A(4) or 46A(4), any expenditure reasonably incurred by it in so doing.
(2) Expenditure incurred in taking action under section . . . 45 or 46 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and—
(a) no application has been made in consequence under paragraph 5(4) of that Schedule; or
(b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.
(3) The Court, on the application of the Council, may order a current or former partner, owner, director or member (as the case may be) of a solicitor or an authorised legal business in respect of whom the Council has taken any action under sections 45A or 46A (including, but not limited to, making directions under section 45A(4) or 46A(4)) to pay a specified proportion of the expenditure mentioned in subsection (1).
(4) The Court may make an order under subsection (3) only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by sections 45A or 46A were exercisable in relation to the solicitor or authorised legal business was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the current or former partner, owner, director or member.
(5) In subsection (3), “specified” means specified in the order made by the Court.
Your change, as a redline
62A Council’s power to recover expenses incurred under section. . . 45 or 46.
(1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor (or from the estate of a solicitor who has died) or incorporated practice authorised legal business in respect of whom it has taken action under section . . . 45, or 46 45A or 46A (including, but not limited to, giving directions under section 45A(4) or 46A(4), any expenditure reasonably incurred by it in so doing.
(2) Expenditure incurred in taking action under section . . . 45 or 46 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and—
(a) no application has been made in consequence under paragraph 5(4) of that Schedule; or
(b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.
(3) The Court, on the application of the Council, may order a current or former partner, owner, director or member (as the case may be) of a solicitor or an authorised legal business in respect of whom the Council has taken any action under sections 45A or 46A (including, but not limited to, making directions under section 45A(4) or 46A(4)) to pay a specified proportion of the expenditure mentioned in subsection (1).
(4) The Court may make an order under subsection (3) only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by sections 45A or 46A were exercisable in relation to the solicitor or authorised legal business was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the current or former partner, owner, director or member.
(5) In subsection (3), “specified” means specified in the order made by the Court.
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