Title and introductory text
Solicitors Act 1974 1974 c.47 An Act to consolidate the Solicitors Acts 1957 to 1974 and certain other enactments relating to solicitors. [31st July 1974]
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Solicitors Act 1974
United Kingdom · statute
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In force since 2025-01-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Contents: 125 provisions
- Title and introductory text
- 1 Qualifications for practising as solicitor.
- 1A Practising certificates: employed solicitors.
- 1B Restriction on practice as sole solicitor
- 2 Training regulations.
- 3 Admission as solicitor.
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 6 Keeping of the roll.
- 7 Entry of name and restoration of name struck off.
- 8 Removal or restoration of name at solicitor’s request.
- 9 Applications for practising certificates.
- 10 Issue of practising certificates.
- 10A Register of holders of practising certificates
- 11 Fees payable on issue of practising certificates.
- 12 Discretion of Society with respect to issue of practising certificates in special cases.
- 12A Additional fee payable by certain solicitors on applying for practising certificates.
- 13 Appeals etc in connection with the issue of practising certificates.
- 13ZA Application to practise as sole practitioner while practising certificate in force
- 13ZB Fee payable on making of sole solicitor endorsement
- 13A Imposition of conditions while practising certificates are in force.
- 13B Suspension of practising certificates where solicitors convicted of fraud or serious crime.
- 14 Commencement, expiry and replacement of practising certificates.
- 15 Suspension of practising certificates.
- 16 Duration of suspension of practising certificates.
- 17 Publicity in relation to suspension of practising certificates.
- 17A Suspension of sole solicitor endorsement
- 17B Duration and publicity of suspension of sole solicitor endorsement
- 18 Extracts from the roll or register etc as evidence.
- 19 Rights of practising and rights of audience.
- 20 Unqualified person not to act as solicitor.
- 21 Unqualified person not to pretend to be a solicitor.
- 22 Unqualified person not to prepare certain instruments.
- 22A Powers of entry etc. of local weights and measures authorities.
- 23 Unqualified person not to prepare papers for probate etc.
- 24 Application of penal provisions to body corporate.
- 25 Costs where unqualified person acts as solicitor.
- 26 Time limit for commencement of certain proceedings.
- 27 Saving for persons authorised to conduct legal proceedings.
- 28 Regulations.
- 29 Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2.
- 30 Evidence as to solicitors in Scotland.
- 31 Rules as to professional practice, conduct and discipline.
- 32 Accounts rules and trust accounts rules.
- 33 Interest on clients’ money.
- 33A Inspection of practice bank accounts etc.
- 34 Accountants’ reports.
- 34A Employees of solicitors
- 34B Employees of solicitors: accounts rules etc
- 35 Intervention in solicitor’s practice.
- 36 Compensation grants.
- 36A Compensation funds
- 37 Professional indemnity.
- 37A Redress for inadequate professional services.
- 38 Solicitor who is justice of the peace not to act in certain proceedings.
- 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 40 Solicitor not to commence or defend actions while in prison.
- 41 Employment by solicitor of person struck off or suspended.
- 42 Failure to disclose fact of having been struck off or suspended.
- 43 Control of solicitors’ employees and consultants.
- 44 Offences in connection with orders under section 43(2).
- 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 44B Provision of information and documents by solicitors etc
- 44BA Power to require explanation of document or information
- 44BB Provision of information and documents by other persons
- 44BC Information offences
- 44C Power to charge for costs of investigations.
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 44D Disciplinary powers of the Society
- 44E Appeals against disciplinary action under section 44D
- 46 Solicitors Disciplinary Tribunal.
- 46A Funding of the Tribunal
- 47 Jurisdiction and powers of Tribunal.
- 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48 Orders of Tribunal.
- 49 Appeals from Tribunal.
- 49A Appeals to the Tribunal instead of the High Court
- 50 Jurisdiction of Senior Courts over solicitors.
- 51 Procedure upon certain applications to High Court.
- 52 Power of Society to draw up order of court.
- 53 Production of order of court to Society.
- 54 Restrictions on powers to strike names off roll.
- 55 Applications to require solicitor to answer allegations.
- 56 Orders as to remuneration for non–contentious business.
- 57 Non–contentious business agreements.
- 58 Remuneration of a solicitor who is a mortgagee.
- 59 Contentious business agreements.
- 60 Effect of contentious business agreements.
- 61 Enforcement of contentious business agreements.
- 62 Contentious business agreements by certain representatives.
- 63 Effect on contentious business agreement of death, incapability or change of solicitor.
- 64 Form of bill of costs for contentious business.
- 65 Security for costs and termination of retainer.
- 66 Assessments with respect to contentious business.
- 67 Inclusion of disbursements in bill of costs.
- 68 Power of court to order solicitor to deliver bill, etc.
- 69 Action to recover solicitor’s costs.
- 70 Assessment on application of party chargeable or solicitor.
- 71 Assessment on application of third parties.
- 72 Supplementary provisions as to assessments.
- 73 Charging orders.
- 74 Special provisions as to contentious business done in county courts.
- 75 Saving for certain enactments.
- 76 Non–practising solicitors eligible for membership of Society.
- 77 Annual subscription to Society.
- 78 Cessation and suspension of membership of Society.
- 79 Discharge of the Council's functions
- 80 Powers to act on behalf of Society.
- 81 Administration of oaths and taking of affidavits.
- 81A Fees for administering oaths and taking affidavits.
- 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 83 Power of Society to inspect file of proceedings in bankruptcy of solicitor.
- 84 Service of documents at solicitor’s place of business.
- 85 Bank accounts.
- 86 Bankers’ books.
- 86A Rules
- 87 Interpretation.
- 88 Saving for solicitors to public departments and City of London.
- 89 Consequential amendments, repeals, savings, etc.
- 90 Short title, commencement and extent.
- SCHEDULE 1 Intervention in Solicitor’s Practice
- SCHEDULE 1A INADEQUATE PROFESSIONAL SERVICES
- SCHEDULE 2
- SCHEDULES 3 CONSEQUENTIAL AMENDMENTS
- Schedule 4 ENACTMENTS REPEALED
Proposed changes to this act
No one has proposed a change to this act yet.
125 provisions
1 Qualifications for practising as solicitor.
No person shall be qualified to act as a solicitor unless— (a) he has been admitted as a solicitor, and (b) his name is on the roll, and (c) he has in force a certificate issued by the Society in accordance with the provisions of this Part authorising him to practise as a solicitor (in this Act referred to as a “practising certificate”).
Propose a change1A Practising certificates: employed solicitors.
A person who has been admitted as a solicitor and whose name is on the roll shall, if he would not otherwise be taken to be acting as a solicitor, be taken for the purposes of this Act to be so acting if he is employed in connection with the provision of any legal services— (a) by any person who is qualified to act as a solicitor; (b) by any partnership at least one member of which is so qualified; . . . (c) by a body recognised . . . under section 9 of the Administration of Justice Act 1985 (incorporated practices). or (d) by any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act).
Propose a change1B Restriction on practice as sole solicitor
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Propose a change2 Training regulations.
(1) The Society . . . may make regulations (in this Act referred to as “training regulations”) about education and training for persons seeking to be admitted or to practise as solicitors. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Training regulations— (a) may prescribe— (i) the education and training . . . to be undergone by persons seeking admission as solicitors; (ii) any education or training to be undergone by persons who have been admitted as solicitors; (iii) the examinations or other tests to be undergone by persons seeking admission as solicitors or who have been admitted; (iv) the qualifications and reciprocal duties and responsibilities of persons undertaking to give education or training for the purposes of the regulations or undergoing such education or training; and (v) the circumstances in which . . . education or training under the regulations may be started or terminated; (b) may require persons who have been admitted as solicitors to hold practising certificates while they are undergoing education or training under the regulations; (c) may include provision for the charging of fees by the Society and the application of fees which the Society receives; (d) may make different provision for different classes of persons and different circumstances. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change3 Admission as solicitor.
(1) ... No person shall be admitted as a solicitor unless he has obtained a certificate from the Society that the Society— (a) is satisfied that he has complied with training regulations, and (b) is satisfied as to his character and his suitability to be a solicitor. (2) Any person who has obtained a certificate that the Society is satisfied as mentioned in subsection (1) may apply to the Society to be admitted as a solicitor; and if any such person so applies, the Society , . . ., shall, unless cause to the contrary is shown to its satifaction, in writing, and in such manner and form as the Society may from time to time think fit, admit that person to be a solicitor. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Propose a change6 Keeping of the roll.
(1) The Society shall continue to keep a list of all solicitors of the Senior Courts, called “the roll”. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change7 Entry of name and restoration of name struck off.
On production— (a) of written evidence of admission of any person as a solicitor by the Society, (b) of an order for the restoration to the roll of the name of a person whose name has been struck off it, or (c) of an order under section 47(2)(h) for the restoration of a person’s name to the roll, and on payment to the Society of such fee . . . as the Society may from time to time determine, the Society shall enter the name of that person on the roll.
Propose a change8 Removal or restoration of name at solicitor’s request.
(1) The Society, on the application of a solicitor, may remove his name from the roll. (2) The Society, on the application of a former solicitor whose name is not on the roll because it has been removed from it, may enter his name on the roll, on payment to the Society of such fee . . . as the Society may from time to time determine. (2A) Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2)(g). (3) The power to enter a name on the roll conferred on the Society by subsection (2) includes power to enter the name of a person whose name was removed from the roll before the coming into force of section 5 of the Solicitors (Amendment) Act 1974. (4) An appeal from any decision of the Society under subsection (2) shall lie to the High Court. (4A) In relation to an appeal under subsection (4) the High Court may make such order as it thinks fit as to payment of costs. (4B) The decision of the High Court on an appeal under subsection (4) shall be final. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change9 Applications for practising certificates.
(1) A person whose name is on the roll may apply to the Society to be issued with a practising certificate. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An application under this section must be— (a) made in accordance with regulations under section 28, and (b) accompanied by the appropriate fee. (4) “The appropriate fee”, in relation to an application, means— (a) any fee payable under subsection (1) of section 11 in respect of the practising certificate applied for, and (b) any additional fee payable under subsection (4) of that section in respect of the application.
Propose a change10 Issue of practising certificates.
(1) Subject to the following provisions of this section, where an application is made in accordance with section 9, the Society must issue a practising certificate to the applicant if it is satisfied that the applicant— (a) is not suspended from practice, and (b) is complying with any prescribed requirements imposed on the applicant. (2) A practising certificate issued to an applicant of a prescribed description must be issued subject to any conditions prescribed in relation to applicants of that description. (3) In such circumstances as may be prescribed, the Society must, if it considers it is in the public interest to do so— (a) refuse to issue a practising certificate under this section, or (b) where it decides to issue a practising certificate, issue it subject to one or more conditions. (4) The conditions which may be imposed include— (a) conditions requiring the person to whom the certificate is issued to take specified steps that will, in the opinion of the Society, be conducive to the carrying on by that person of an efficient practice as a solicitor ...; (b) conditions which prohibit that person from taking any specified steps, except with the approval of the Society. (5) In this section — “prescribed” means prescribed by regulations under section 28; “specified”, in relation to a condition imposed on a practising certificate, means specified in the condition.
Propose a change10A Register of holders of practising certificates
(1) The Society must keep a register of all solicitors who hold practising certificates. (2) The register must contain— (a) the full name of each solicitor who holds a practising certificate, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) such other information as may be specified in regulations under section 28(1)(d).
Propose a change11 Fees payable on issue of practising certificates.
(1) Before a practising certificate is issued, there must be paid to the Society in respect of the certificate a fee of such amount as the Society may from time to time determine. (2) Different fees may be specified for different categories of applicant and in respect of different circumstances. (3) Subsection (4) applies where a solicitor makes an application for a practising certificate if— (a) the solicitor has failed to deliver an accountant's report required by rules under section 34(1) by such time or in such circumstances as may be prescribed by those rules, and (b) a practising certificate has not been issued by the Society to the solicitor since the Society became aware of the failure. (4) Where this subsection applies, the solicitor's application must be accompanied by an additional fee of such amount as the Society from time to time determines.
Propose a change12 Discretion of Society with respect to issue of practising certificates in special cases.
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Propose a change12A Additional fee payable by certain solicitors on applying for practising certificates.
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Propose a change13 Appeals etc in connection with the issue of practising certificates.
(1) A person who makes an application under section 9 may appeal to the High Court against— (a) a decision to refuse the application for a practising certificate, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or (c) a decision to impose a condition on a practising certificate issued in consequence of the application. (2) A person who holds a practising certificate subject to a condition within section 10(4)(b) 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. (3) The Society may make rules which provide, as respects any application under section 9 that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this section in relation to the application as if it had been refused by the Society. (4) On an appeal under subsection (1), the High Court may— (a) affirm the decision of the Society, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) direct the Society to issue a certificate to the applicant free from conditions or subject to such conditions as the High Court may think fit, (d) direct the Society not to issue a certificate, (e) if a certificate has been issued, by order suspend it, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or (g) make such other order as the High Court thinks fit. (5) On an appeal under subsection (2), 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 a condition within section 10(4)(b), or (c) make such other order as the High Court thinks fit. (6) In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs. (7) The decision of the High Court on an appeal under subsection (1) or (2) shall be final.
Propose a change13ZA Application to practise as sole practitioner while practising certificate in force
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Propose a change13ZB Fee payable on making of sole solicitor endorsement
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Propose a change13A Imposition of conditions while practising certificates are in force.
(1) Subject to the provisions of this section, the Society may in the case of any solicitor direct that his practising certificate for the time being in force (his “current certificate”) shall have effect subject to such conditions as the Society may think fit. (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) it appears to the Society that the case is of a prescribed description. (3) “Prescribed” means prescribed by regulations under section 28. (6) A solicitor in whose case a direction is given under this section may appeal to the High Court against the decision of the Society. (7) On an appeal under subsection (6), the High Court may— (a) affirm the decision of the Society; or (b) direct that the appellant’s current certificate shall have effect subject to such conditions as the High Court thinks fit; or by order revoke the direction; or (d) make such other order as it thinks fit. (7A) The decision of the High Court on an appeal under subsection (6) shall be final. (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. (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.
Propose a change13B Suspension of practising certificates where solicitors convicted of fraud or serious crime.
(1) Where— (a) a solicitor has been convicted of– (i) an offence involving dishonesty or deception; or (ii) an indictable offence; and (b) the Society has made an application to the Tribunal under section 47 with respect to him, the Society may direct that any practising certificate ... of his which is for the time being in force be suspended. (2) Any such suspension shall be for such period, not exceeding six months, as the Society shall specify in the direction. (3) If, before the specified period expires– (a) the Tribunal determines the Society’s application; (b) the conviction is quashed or set aside; or (c) the Society withdraws its application to the Tribunal, the suspension shall cease to have effect. (4) Where the specified period comes to an end without any of the events mentioned in subsection (3) having occurred, the Society may direct that the suspension be continued for such period, not exceeding six months, as it shall specify in the direction. (5) A suspension under this section may only be extended once under subsection (4). (6) Nothing in this section is to be taken as in any way affecting the Tribunal’s power to suspend a solicitor from practice ... . (7) A solicitor in whose case a direction is given under subsection (1) or (4) may appeal to the High Court against the direction within one month of being notified of it. (8) In an appeal under subsection (7), the High Court may– (a) affirm the suspension; (b) direct that the appellant’s certificate shall not be suspended but shall have effect subject to such conditions as the High Court thinks fit; (c) by order revoke the direction; or (d) make such other order as it thinks fit. (9) In relation to an appeal under subsection (7) the High Court may make such order as it thinks fit as to payment of costs. (10) The decision of the High Court on an appeal under subsection (7) shall be final.
Propose a change14 Commencement, expiry and replacement of practising certificates.
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Propose a change15 Suspension of practising certificates.
(1) The making by the Tribunal or by the court of an order suspending a solicitor from practice shall operate, and an adjudication in bankruptcy of a solicitoror the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor shall operate immediately, to suspend any practising certificate of that solicitor for the time being in force. (1A) Where the power conferred by paragraph 6(1) , 6A(1) or 9(1) of Schedule 1 has been exercised in relation to a solicitor by virtue of paragraph 1(1)(a)(i), (aa),(c) (so far as it applies to rules made by virtue of section 31 or 32) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any practising certificate of that solicitor for the time being in force. (1B) Subsection (1A) does not apply if, at the time when the power referred to there is exercised, the Society directs that subsection (1A) is not to apply in relation to the solicitor concerned. (1C) If, at the time when the power referred to in subsection (1A) is exercised, the Society gives a direction to that effect, the solicitor concerned may continue to act in relation to any matter specified in the direction as if his practising certificate had not been suspended by virtue of subsection (1A), but subject to such conditions (if any) as the Society sees fit to impose. (2) For the purposes of this Act, a practising certificate shall be deemed not to be in force at any time while it is suspended.
Propose a change16 Duration of suspension of practising certificates.
(1) Where a practising certificate is suspended, it expires on such date as may be prescribed by regulations under section 28. (1) Where, on the replacement date for a practising certificate, the certificate is suspended it shall expire on that date. (2) The suspension of a practising certificate by virtue of section 15(1) by reason of an adjudication in bankrupty shall terminate if the adjudication is annulled and an office copy of the order annulling the adjudication is served on the Society. (2A) The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate— (a) if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 9.18 of the Insolvency (England and Wales) Rules 2016 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society; (b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order. (3) Where a solicitor’s practising certificate is suspended— (a) by an order under section 13(4); or (b) by virtue of section 15(1) by reason of his adjudication in bankruptcyor the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him; or (c) by virtue of section 15(1) by reason of his suspension from practice and the period of his suspension from practice expires before the date on which his certificate will expire, (d) by virtue of section 15(1A) the solicitor may at any time before the certificate expires (and, in the case of adjudication in bankruptcy, while the adjudication remains unannulled) apply to the Society to terminate the suspension. (4) On an application under subsection (3), the Society may in its discretion— (a) by order terminate the suspension either unconditionally or subject to such conditions as the Society may think fit; or (b) refuse the application. (5) If on an application by a solicitor under subsection (3) the Society refuses the application or terminates the suspension subject to conditions, the solicitor may appeal against the decision of the Society to the High Court, which may— (a) affirm the decision; or (b) terminate the suspension either unconditionally or subject to such conditions as it may think fit. (6) In relation to an appeal under subsection (5) the High Court may make such order as it thinks fit as to payment of costs. (7) The decision of the High Court on an appeal under subsection (5) shall be final.
Propose a change17 Publicity in relation to suspension of practising certificates.
(1) Where a solicitor’s practising certificate is suspended by an order under section 13(4), or by virtue of section 15(1) by reason of his adjudication in bankruptcy, the Society shall forthwith cause notice of that suspension to be published . . . and a note of it to be entered against the name of the solicitor on the roll. (2) Where any such suspension of a practising certificate as is mentioned in subsection (1) is terminated under section 16(2), (4) or (5), the Society shall forthwith cause a note of that termination to be entered against the name of the solicitor on the roll and, if so requested in writing by the solicitor, a notice of it to be published . . . .
Propose a change17A Suspension of sole solicitor endorsement
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Propose a change17B Duration and publicity of suspension of sole solicitor endorsement
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Propose a change18 Extracts from the roll or register etc as evidence.
(1) An extract from the roll, or an extract from the register kept under section 10A, which is certified as correct by the Society is evidence of the matters mentioned in it. (2) A certificate from the Society stating that— (a) a person's name is or was on the roll, or (b) a person is or was registered in the register kept under section 10A, is evidence of the matters stated.
Propose a change19 Rights of practising and rights of audience.
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Propose a change20 Unqualified person not to act as solicitor.
(1) No unqualified person is to act as a solicitor. (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to imprisonment for not more than 2 years or to a fine, or to both.
Propose a change21 Unqualified person not to pretend to be a solicitor.
Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale
Propose a change22 Unqualified person not to prepare certain instruments.
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Propose a change22A Powers of entry etc. of local weights and measures authorities.
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Propose a change23 Unqualified person not to prepare papers for probate etc.
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Propose a change24 Application of penal provisions to body corporate.
(1) If any act is done by a body corporate, or by any director, officer or servant of a body corporate, and is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor— (a) the body corporate shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale, and (b) in the case of an act done by a director, officer or servant of the body corporate, he also shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale. (2) For the avoidance of doubt it is hereby declared that in section 20 the reference to an unqualified person and the reference to a person both include a reference to a body corporate.
Propose a change25 Costs where unqualified person acts as solicitor.
(1) No costs in respect of anything done by any unqualified person acting as a solicitor shall be recoverable by him, or by any other person, in any action, suit or matter. (2) Nothing in subsection (1) shall prevent the recovery of money paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force if that money would have been recoverable if he had held such a certificate when so acting.
Propose a change26 Time limit for commencement of certain proceedings.
Notwithstanding anything in the Magistrates’ Courts Act 1980, proceedings in respect of any offence under section 21 . . . may be brought at any time before the expiration of two years from the commission of the offence or six months from its first discovery by the prosecutor, whichever period expires first.
Propose a change27 Saving for persons authorised to conduct legal proceedings.
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Propose a change28 Regulations.
(1) The Society may make regulations . . . about the following matters, namely— (a) admission as a solicitor; (b) the keeping of the roll; (c) practising certificates . . . ; (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the keeping of the register under section 10A . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) Regulations about the keeping of the roll may (among other things)— (za) make provision about the form in which the roll is to be kept and the manner in which entries are to be made, altered and removed; (a) provide for the Society, at such intervals as may be specified in the regulations, to enquire of solicitors of any class so specified whether they wish to have their names retained on the roll; (b) require solicitors of any such class, at such intervals as aforesaid, to pay to the Society a fee in respect of the retention of their names on the roll of such amount as may be prescribed by the regulations;. . . (c) authorise the Society to remove from the roll the name of any solicitor who— (i) fails to reply to any enquiry made in pursuance of paragraph (a) or to pay any fee payable by virtue of paragraph (b), or (ii) replies to any such enquiry by indicating that he does not wish to have his name retained on the roll; (d) authorise the Society to remove from the roll the name of any solicitor who has died. (e) require the information on the roll to be made available to the public; (f) specify the manner in which information is to be made so available and require it to be made so available during office hours and without charge. (3B) Regulations about practising certificates ... may (among other things)— (a) prescribe the form and manner in which applications for, or relating to, practising certificates ... are to be made; (b) prescribe information which must be included in or accompany such applications; (c) make provision about time limits for dealing with such applications, and confer on a person power to extend or bring forward such a time limit in prescribed circumstances; (d) prescribe the requirements which applicants for practising certificates must satisfy before they may be issued with a practising certificate; (e) prescribe descriptions of applicants, and conditions in relation to them, for the purposes of section 10(2) (circumstances in which practising certificates must be issued subject to prescribed conditions); (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) prescribe circumstances for the purposes of section 10(3) (circumstances in which application may be refused etc in the public interest); (h) make provision about when conditions imposed on practising certificates take effect (including provision conferring power on the Society to direct that a condition is not to have effect until the conclusion of any appeal in relation to it); (i) make provision for the commencement, duration, replacement, withdrawal and expiry of practising certificates ...; (j) prescribe circumstances for the purposes of section 13A(2) (circumstances in which conditions can be imposed during period of practising certificate); (k) require solicitors who hold practising certificates to notify the Society of such matters as may be prescribed, at such times, or in such circumstances as may be prescribed. (3C) Regulations about the keeping of the register under section 10A may (among other things)— (a) make provision about the form in which the register is to be kept and the manner in which entries are to be made, altered and removed; (b) require information of a specified kind to be included in entries in the register; (c) require information (or information of a specified description) on the register to be made available to the public; (d) specify the manner in which it is to be made so available and require it to be made so available during office hours and without charge. (3D) Regulations under this section may make provision for appeals to the High Court against decisions made by the Society under the regulations. (3E) In relation to an appeal under regulations made by virtue of subsection (3D), the High Court may make such order as it thinks fit as to payment of costs. (3F) The decision of the High Court on such an appeal shall be final. (3G) Regulations under this section may— (a) provide for a person to exercise a discretion in dealing with any matter; (b) include incidental, supplementary and consequential provision; (c) make transitory or transitional provision and savings; (d) make provision generally or only in relation to specified cases or subject to specified exceptions; (e) make different provision for different cases. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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