Clause 35

Subject to sub-paragraph (2), where —

the Council is satisfied that a limited liability law partnership has contravened any rules applicable to it by virtue of section 72;

a person has been appointed receiver or manager of property of a limited liability law partnership; (c) a winding up order under the Limited Liability Partnerships Act 2005 (Act 5 of 2005) has been made with respect to a limited liability law partnership or a resolution for voluntary winding up has been passed with respect to a limited liability law partnership; or (d)the Council has reason to suspect dishonesty on the part of any partner or employee of a limited liability law partnership in connection with that limited liability law partnership’s business or in connection with any trust of which that limited liability law partnership is or formerly was a trustee, the powers conferred by Part II shall be exercisable in relation to the limited liability law partnership and its business in like manner as they are exercisable in relation to a solicitor and his practice. (2) Those powers shall only be exercisable by virtue of sub-paragraph (1)(a) if the Society has given the limited liability law partnership notice in writing that the Council is satisfied that the limited liability law partnership has contravened the rules specified in the notice and also (at the same or any later time) notice that those powers are accordingly exercisable in its case by virtue of sub-paragraph (1)(a).8B. The powers conferred by Part II shall also be exercisable as mentioned in paragraph 8A(1) where —

a complaint is made to the Society that there has been undue delay on the part of a limited liability law partnership in connection with any matter in which it was instructed on behalf of a client or with any controlled trust;

the Society by notice in writing invites the limited liability law partnership to give an explanation within a period of not less than 8 days specified in the notice; (c)the limited liability law partnership fails within that period to give an explanation which the Council regards as satisfactory; and (d)the Society gives notice of the failure to the limited liability law partnership and (at the same or any later time) notice that the powers conferred by Part II are accordingly exercisable. 8C.—

Where the registration of a limited liability law partnership has been cancelled under section 81Y, the powers conferred by Part II shall be exercisable in relation to the limited liability law partnership and its former business as a limited liability law partnership as they are exercisable in relation to a solicitor and his practice. (2) Where the powers conferred by Part II are exercisable in relation to a limited liability law partnership in accordance with paragraph 8A or 8B, they shall continue to be so exercisable after that limited liability law partnership’s registration has been cancelled or has otherwise ceased to be in force.8D. In connection with the application of Part II to a limited liability law partnership in that Part —

any reference to the solicitor or to his practice shall be construed as including a reference to the limited liability law partnership in relation to which the powers conferred by that Part are exercisable by virtue of paragraph 8A, 8B or 8C(1) or to its business (or former business) as a limited liability law partnership; (b)any reference to paragraph 1 shall be construed as including a reference to paragraph 8A or 8C(1); and (c)any reference to paragraph 3 shall be construed as including a reference to paragraph 8B.”.