The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024

25 Modifications to the Solicitors Act 1974

(1) The Solicitors Act 1974 is modified as follows. (2) Subject to paragraph (3) and (where relevant) the modifications specified in the Table in paragraph (4), the following provisions apply in relation to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers as they apply to a solicitor— (a) section 31 (rules as to professional practice, conduct and discipline) except subsections (1B) and (1C); (b) section 32 (accounts rules and trust accounts rules); (c) section 33 (interest on clients’ money); (d) section 33A (inspection of practice bank accounts etc); (e) section 34 (accountants’ reports); (f) section 35 (intervention in solicitor’s practice); (g) section 36 (compensation grants); (h) section 36A (compensation funds); (i) section 37 (professional indemnity); (j) section 44B (provision of information and documents by solicitors) except subsection (3)(d); (k) section 44BA (power to require explanation of document or information); (l) section 44BC (information offences); (m) section 44C (power to charge for costs of investigations); (n) section 44D (disciplinary powers of the Society) except subsections (10), (11) and (12); (o) section 44E (appeals against disciplinary action under section 44D) except subsections (4)(e) and (5); (p) section 47 (jurisdiction and powers of Tribunal) except subsections (2E) to (2H); (q) section 48 (orders of Tribunal); (r) section 49 (appeals from Tribunal) except subsections (3) and (5); (s) section 50(2) and (3) (jurisdiction of Senior Courts over solicitors); (t) section 51(procedure upon certain applications to High Court); (u) section 52 (power of Society to draw up order of court); (v) section 53 (production of order of court to Society); (w) section 55 (applications to require solicitor to answer allegations); (x) section 85 (bank accounts); (y) Schedule 1 (intervention in solicitor’s practice) except paragraphs 1(1)(b), (ee) and (j) and 2. (3) The application of section 47(1) (jurisdiction and powers of Tribunal) under paragraph (2)(p) in relation to a Swiss qualified lawyer on the Law Society’s register of Swiss lawyers does not affect— (a) the ability of the Law Society to refuse to register, or to cancel the registration of, aSwiss qualified lawyer under regulation 9A(2)(b) of the 2023 Regulations (adaptationperiods for Swiss qualified lawyers), or (b) the ability ofa Swiss qualified lawyer to appeal against that refusal or decision to cancelunder regulation 9B(1) of the 2023 Regulations. (4) Table Provision of the Solicitors Act 1974 | Modification Section 34 | Reference in section 34(10) to subsection 34(9) is to be read as including reference to that subsection as it has effect by virtue of paragraph 2(e) of this regulation. Section 47 | Reference in section 47(1)(a) and (e), (2)(a) and (f) to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration. Reference in section 47(1)(f), (2)(g) and (2)(h) to the roll is to be read as reference to the register of Swiss lawyers. Reference in section 47(1)(d), (2)(b) and (2)(e) to suspension from practice is to be read as reference to suspension from the register of Swiss lawyers. Reference in section 47(2A)(a) to another solicitor is to be read as reference to a Swiss qualified lawyer on the register of Swiss lawyers. Section 48 | Reference in section 48(2)(a) to the roll is to be read as reference to the register of Swiss lawyers. Section 51 | Reference in section 51(1) and (3)(b) to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration. Section 52 | Reference to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration. Section 53 | Reference to suspension from practice is to be read as reference to suspension from the register of Swiss lawyers. Reference to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration. Section 55 | Reference to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration. Part 1 of Schedule 1 | Reference in paragraph 1(1)(g) and paragraph 4 to the striking of a name of a solicitor off the roll is to be read as reference to striking a Swiss qualified lawyer’s name off the register of Swiss lawyers or cancelling such registration. Reference in paragraph 1(1)(g) to a solicitor suspended from practice is to be read as reference to a Swiss qualified lawyer whose registration on the register of Swiss lawyers is suspended. Reference in paragraph 1(1)(k) to a person acting as a solicitor when they did not have a practising certificate which was in force is to be read as reference to a Swiss qualified lawyer acting as if they were on the register of Swiss lawyers when they were not registered. Reference in paragraph 1(1)(l) to a solicitor’s failure to comply with any condition subject to which his practising certificate was granted or otherwise has effect is to be read as reference to a Swiss qualified lawyer’s failure to comply with any conditions to which registration on the register of Swiss lawyers is subject.