16(1)Section 13A (imposition of conditions while practising certificates are in force) is amended as follows.E+W
(2)For subsections (2) to (5) substitute—
“(2)The power conferred by subsection (1) is exercisable in relation to a solicitor at any time during the period for which the solicitor's current certificate is in force if—
(a)under section 13ZA the Society grants a sole solicitor endorsement, or
(b)it appears to the Society that the case is of a prescribed description.
(3)“Prescribed” means prescribed by regulations under section 28.”
(3)In subsection (6) for “Master” to the end substitute “ High Court against the decision of the Society. ”
(4)In subsection (7)—
(a)for “Master of the Rolls” (in both places) substitute “ High Court ”, and
(b)for “he” substitute “ it ”.
(5)After that subsection insert—
“(7A)The decision of the High Court on an appeal under subsection (6) shall be final.”
(6)For subsection (8) substitute—
“(8)Subsections (4) and (5) of section 10 apply for the purposes of subsection (1) of this section as they apply for the purposes of that section.”
(7)After that subsection insert—
“(9)A solicitor who holds a practising certificate subject to a condition imposed under subsection (1) which prohibits that solicitor from taking any steps specified in the condition, except with the approval of the Society, 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.
(10)On an appeal under subsection (9), 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 the condition, or
(c)make such other order as the High Court thinks fit.
(11)The decision of the High Court on an appeal under subsection (9) shall be final.
(12)In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.”
Commencement Information
I1Sch. 16 para. 16 wholly in force at 1.7.2009 see s. 211 and S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)