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Change 1
As published
178 The Solicitors Disciplinary Tribunal: approval of rules
(1) If the Solicitors Disciplinary Tribunal (“the Tribunal”) makes an alteration of its rules under section 46(9)(b) of the Solicitors Act 1974 (“the tribunal rules”), the alteration does not have effect unless it is approved for the purposes of this Act.
(2) An alteration is approved for the purposes of this Act if—
(a) it is approved by the Board under Part 3 of Schedule 4 (alteration of approved regulator's regulatory arrangements),
(b) it is an exempt alteration, or
(c) it is an alteration made in compliance with a direction under section 32 (given by virtue of section 179).
(3) For the purposes of subsection (2)(a), paragraphs 20 to 27 of Schedule 4 (procedure for approval of alterations of regulatory arrangements) apply in relation to an application by the Tribunal for approval of an alteration or alterations of the tribunal rules as they apply in relation to an application by an approved regulator for approval of an alteration or alterations of its regulatory arrangements, but as if—
(a) paragraph 23 of that Schedule applied in relation to the Law Society as well as the Tribunal,
(b) in paragraph 25(3) (grounds for refusal of application), paragraphs (d) and (e) were omitted, and
(c) in paragraph 27(3) the reference to section 32 were a reference to that section as applied (with modifications) by section 179.
(4) For the purposes of subsection (2)(b), an exempt alteration is an alteration which the Board has directed is to be treated as exempt for the purposes of this section.
(5) A direction under subsection (4) may be specific or general, and must be published by the Board.
(6) In this section references to an “alteration” of the tribunal rules include the making of such rules and the modification of such rules.
Your change, as a redline
178 The Solicitors Disciplinary Tribunal: approval of rules
(1) If the Solicitors Disciplinary Tribunal (“the Tribunal”) makes an alteration of its rules under section 46(9)(b) of the Solicitors Act 1974 (“the tribunal rules”), the alteration does not have effect unless it is approved for the purposes of this Act.
(2) An alteration is approved for the purposes of this Act if—
(a) it is approved by the Board under Part 3 of Schedule 4 (alteration of approved regulator's regulatory arrangements),
(b) it is an exempt alteration, or
(c) it is an alteration made in compliance with a direction under section 32 (given by virtue of section 179).
(3) For the purposes of subsection (2)(a), paragraphs 20 to 27 of Schedule 4 (procedure for approval of alterations of regulatory arrangements) apply in relation to an application by the Tribunal for approval of an alteration or alterations of the tribunal rules as they apply in relation to an application by an approved regulator for approval of an alteration or alterations of its regulatory arrangements, but as if—
(a) paragraph 23 of that Schedule applied in relation to the Law Society as well as the Tribunal,
(b) in paragraph 25(3) (grounds for refusal of application), paragraphs (d) and (e) were omitted, and
(c) in paragraph 27(3) the reference to section 32 were a reference to that section as applied (with modifications) by section 179.
(4) For the purposes of subsection (2)(b), an exempt alteration is an alteration which the Board has directed is to be treated as exempt for the purposes of this section.
(5) A direction under subsection (4) may be specific or general, and must be published by the Board.
(6) In this section references to an “alteration” of the tribunal rules include the making of such rules and the modification of such rules.
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