Registered Foreign Lawyers Order 2009

I am sure that I shall be able to do so in my winding-up speech. Amendments made in these orders reflect the changes made to the regulation of the legal professions, in particular solicitors in England and Wales, as a result of the Legal Services Act, and bring a consistency of approach to the Law Society’s regulation of all lawyers registered with it, not only solicitors. The 2007 Act, in particular Schedule 16, introduces a number of changes to the way that solicitors in England and Wales practise and are regulated. The Government have already begun to commence the provisions in the Act. For example, 31 March 2009 saw the introduction of legal disciplinary practices which allow lawyers and non-lawyers to form practices that provide legal services. Registered European and registered foreign lawyers are both entitled to benefit from these new structures by potentially collaborating with other lawyers and non-lawyers in a legal practice. It is, though, essential that targeted, proportionate and consumer-focused regulation go hand in hand with these reforms. Further reforms under the Act are due to be introduced in July to the Law Society’s regime of practising certificates, its powers of investigation and the routes of appeal available to solicitors against decisions of the society, among others. In introducing these reforms, there is need for consistency with the society’s approach to foreign lawyers. These orders achieve consistency by applying the Law Society’s powers to rebuke or fine solicitors to registered foreign and European lawyers. This will enable the Law Society to impose a fine of up to £2,000 on these individuals for minor incidents of misconduct or failure to comply with Law Society rules. They also apply the powers used in investigating the conduct of solicitors to investigations of the conduct of registered foreign and European lawyers and extend to them the offences which may be committed during the course of an investigation. The orders align the powers and jurisdiction of the solicitors’ disciplinary tribunal in respect of solicitors with those for registered foreign and European lawyers. They prohibit the unauthorised employment of foreign and European lawyers who have been struck off the Law Society’s register. They also align the Law Society’s powers to impose conditions and to suspend solicitors’ practising certificates in relation to the registration of foreign and European lawyers. Additionally, the new regime of sole solicitor endorsement will now apply to registered European lawyers. This creates a separate applications regime and approval process for solicitors seeking to act as sole practitioners, acknowledging the greater responsibility that accompanies these powers. This regime is not applied to registered foreign lawyers who may not practise as sole practitioners. Finally, these orders acknowledge the transfer of appellate functions from the Master of the Rolls to the High Court, which is consistent with the approach of the 2007 Act. Similarly, these instruments amend other instruments or legislation to ensure consistency with regard to appeal routes and grounds. It is proposed that these orders come into force on 1 July 2009. This is to coincide with the aforementioned amendments, under the 2007 Act, to the Law Society’s powers of investigation. It will be the fifth commencement order under that Act. These orders form just one part of the process in realising the benefits of the 2007 Act—benefits for both consumers and the legal sector itself. To maximise these benefits it is essential that a balance is struck between reforming the legal market and ensuring proportionate and effective regulation. I am confident that these orders address this balance successfully, placing consumer confidence and consumer protection at the heart of the reforms. I commend these orders to the Committee. I beg to move.