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Solicitors Act 1974 (c. 47)

Solicitors Act 1974 1974 CHAPTER 47 An Act to consolidate the Solicitors Acts 1957 to 1974 and certain other enactments relating to solicitors. [31st July 1974]

Legislation

Table of Content

1. Restriction on practice as sole solicitor E+W

2. Admission U.K.

3. Admission as solicitor. E+W

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5. The roll E+W

6. Keeping of the roll. E+W

7. Entry of name and restoration of name struck off. E+W

8. Practising certificates E+W

9. Applications for practising certificates. E+W

10. Register of holders of practising certificates E+W

11. Fees payable on issue of practising certificates. E+W

12. Additional fee payable by certain solicitors on applying for practising certificates. E+W

13. Suspension of practising certificates where solicitors convicted of fraud or serious crime. E+W

14. Commencement, expiry and replacement of practising certificates. E+W

15. Suspension of practising certificates. E+W

16. Duration of suspension of practising certificates. E+W

17. Duration and publicity of suspension of sole solicitor endorsement E+W

18. Rights and privileges of solicitors E+W

19. Unqualified persons acting as solicitors E+W

20. Unqualified person not to act as solicitor. E+W

21. Unqualified person not to pretend to be a solicitor. E+W

22. Unqualified person not to prepare certain instruments. E+W

22. Powers of entry etc. of local weights and measures authorities. E+W

23. Unqualified person not to prepare papers for probate etc. E+W

24. Application of penal provisions to body corporate. E+W

25. Costs where unqualified person acts as solicitor. E+W

26. Time limit for commencement of certain proceedings. E+W

27. Supplementary E+W+N.I.

28. Regulations. E+W

29. Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2. E+W+N.I.

30. Practice rules E+W

31. Accounts etc. E+W

32. Accounts rules and trust accounts rules. E+W

33. Inspection of practice bank accounts etc. E+W

34. [ F155 Sole solicitors E+W

34. Employees of solicitors E+W

34. Intervention in solicitor’s practice, Compensation Fund and professional indemnity E+W

35. Intervention in solicitor’s practice. E+W

36. Compensation funds E+W

37. Restrictions on practice as solicitor E+W

38. Solicitor who is justice of the peace not to act in certain proceedings. E+W

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

40. Restrictions on employment of certain persons E+W

41. Employment by solicitor of person struck off or suspended. E+W

42. Failure to disclose fact of having been struck off or suspended. E+W

43. Control of [ F183 solicitors’ employees and consultants ] . E+W

44. Power to require explanation of document or information E+W

44. Provision of information and documents by other persons E+W

44. Power to charge for costs of investigations. E+W

45. [ F210 Disciplinary powers of the Society E+W

44. Disciplinary powers of the Society E+W

44. Disciplinary proceedings before Solicitors Disciplinary Tribunal U.K.

46. Funding of the Tribunal E+W

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

48. Orders of Tribunal. E+W

49. Disciplinary proceedings before Supreme Court E+W

50. Jurisdiction of [ F257 Senior Courts ] over solicitors. E+W

51. Procedure upon certain applications to High Court. E+W

52. Power of Society to draw up order of court. E+W

53. Disciplinary proceedings—general E+W

54. Restrictions on powers to strike names off roll. E+W

55. Non–contentious business E+W

56. Orders as to remuneration for non–contentious business. E+W

57. Non–contentious business agreements. E+W

58. Contentious business E+W

59. Contentious business agreements. E+W

60. Effect of contentious business agreements. E+W

61. Enforcement of contentious business agreements. E+W

62. Contentious business agreements by certain representatives. E+W

63. Effect on contentious business agreement of death, incapability or change of solicitor. E+W

64. Form of bill of costs for contentious business. E+W

65. Security for costs and termination of retainer. E+W

66. Remuneration—general E+W

67. Inclusion of disbursements in bill of costs. E+W

68. Power of court to order solicitor to deliver bill, etc. E+W

69. Action to recover solicitor’s costs. E+W

70. [ F335 Assessment ] on application of party chargeable or solicitor. E+W

71. [ F357 Assessment ] on application of third parties. E+W

72. Supplementary provisions as to [ F365 assessments ] . E+W

73. Charging orders. E+W

74. Special provisions as to contentious business done in county courts. E+W

75. The Society E+W

76. Non–practising solicitors eligible for membership of Society. E+W

77. Annual subscription to Society. E+W

78. Cessation and suspension of membership of Society. E+W

79. Discharge of the Council's functions E+W

80. Miscellaneous U.K.

81. Administration of oaths and taking of affidavits. E+W

81. Fees for administering oaths and taking affidavits. E+W

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

83. Power of Society to inspect file of proceedings in bankruptcy of solicitor. E+W

84. Service of documents at solicitor’s place of business. E+W

85. Bank accounts. E+W

86. Rules E+W

87. Interpretation. E+W

88. Saving for solicitors to public departments and City of London. E+W

89. Consequential amendments, repeals, savings, etc. E+W

90. General E+W

1. Restriction on practice as sole solicitor E+W

2. Admission U.K.

3. Admission as solicitor. E+W

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5. The roll E+W

6. Keeping of the roll. E+W

7. Entry of name and restoration of name struck off. E+W

8. Practising certificates E+W

9. Applications for practising certificates. E+W

10. Register of holders of practising certificates E+W

11. Fees payable on issue of practising certificates. E+W

12. Additional fee payable by certain solicitors on applying for practising certificates. E+W

13. Suspension of practising certificates where solicitors convicted of fraud or serious crime. E+W

14. Commencement, expiry and replacement of practising certificates. E+W

15. Suspension of practising certificates. E+W

16. Duration of suspension of practising certificates. E+W

17. Duration and publicity of suspension of sole solicitor endorsement E+W

18. Rights and privileges of solicitors E+W

19. Unqualified persons acting as solicitors E+W

20. Unqualified person not to act as solicitor. E+W

21. Unqualified person not to pretend to be a solicitor. E+W

22. Unqualified person not to prepare certain instruments. E+W

22. Powers of entry etc. of local weights and measures authorities. E+W

23. Unqualified person not to prepare papers for probate etc. E+W

24. Application of penal provisions to body corporate. E+W

25. Costs where unqualified person acts as solicitor. E+W

26. Time limit for commencement of certain proceedings. E+W

27. Supplementary E+W+N.I.

28. Regulations. E+W

29. Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2. E+W+N.I.

30. Practice rules E+W

31. Accounts etc. E+W

32. Accounts rules and trust accounts rules. E+W

33. Inspection of practice bank accounts etc. E+W

34. [ F155 Sole solicitors E+W

34. Employees of solicitors E+W

34. Intervention in solicitor’s practice, Compensation Fund and professional indemnity E+W

35. Intervention in solicitor’s practice. E+W

36. Compensation funds E+W

37. Restrictions on practice as solicitor E+W

38. Solicitor who is justice of the peace not to act in certain proceedings. E+W

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

40. Restrictions on employment of certain persons E+W

41. Employment by solicitor of person struck off or suspended. E+W

42. Failure to disclose fact of having been struck off or suspended. E+W

43. Control of [ F183 solicitors’ employees and consultants ] . E+W

44. Power to require explanation of document or information E+W

44. Provision of information and documents by other persons E+W

44. Power to charge for costs of investigations. E+W

45. [ F210 Disciplinary powers of the Society E+W

44. Disciplinary powers of the Society E+W

44. Disciplinary proceedings before Solicitors Disciplinary Tribunal U.K.

46. Funding of the Tribunal E+W

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

48. Orders of Tribunal. E+W

49. Disciplinary proceedings before Supreme Court E+W

50. Jurisdiction of [ F257 Senior Courts ] over solicitors. E+W

51. Procedure upon certain applications to High Court. E+W

52. Power of Society to draw up order of court. E+W

53. Disciplinary proceedings—general E+W

54. Restrictions on powers to strike names off roll. E+W

55. Non–contentious business E+W

56. Orders as to remuneration for non–contentious business. E+W

57. Non–contentious business agreements. E+W

58. Contentious business E+W

59. Contentious business agreements. E+W

60. Effect of contentious business agreements. E+W

61. Enforcement of contentious business agreements. E+W

62. Contentious business agreements by certain representatives. E+W

63. Effect on contentious business agreement of death, incapability or change of solicitor. E+W

64. Form of bill of costs for contentious business. E+W

65. Security for costs and termination of retainer. E+W

66. Remuneration—general E+W

67. Inclusion of disbursements in bill of costs. E+W

68. Power of court to order solicitor to deliver bill, etc. E+W

69. Action to recover solicitor’s costs. E+W

70. [ F335 Assessment ] on application of party chargeable or solicitor. E+W

71. [ F357 Assessment ] on application of third parties. E+W

72. Supplementary provisions as to [ F365 assessments ] . E+W

73. Charging orders. E+W

74. Special provisions as to contentious business done in county courts. E+W

75. The Society E+W

76. Non–practising solicitors eligible for membership of Society. E+W

77. Annual subscription to Society. E+W

78. Cessation and suspension of membership of Society. E+W

79. Discharge of the Council's functions E+W

80. Miscellaneous U.K.

81. Administration of oaths and taking of affidavits. E+W

81. Fees for administering oaths and taking affidavits. E+W

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

83. Power of Society to inspect file of proceedings in bankruptcy of solicitor. E+W

84. Service of documents at solicitor’s place of business. E+W

85. Bank accounts. E+W

86. Rules E+W

87. Interpretation. E+W

88. Saving for solicitors to public departments and City of London. E+W

89. Consequential amendments, repeals, savings, etc. E+W

90. General E+W

Section 1

1. Restriction on practice as sole solicitor E+W

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”). 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; F2 . . . (c) by a body recognised F3 . . . under section 9 of the Administration of Justice Act 1985 (incorporated practices). ] [ F4 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). ] Textual Amendments F1 S. 1A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1) , s. 85 F2 Word in s. 1A(b) repealed (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 2(a) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2009/3250 , art. 2(i)(ii)(aa) (with art. 9 ) F3 Word in s. 1A(c) repealed (7.3.2008) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 2(b) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2008/222 , art. 2(j)(i) F4 S. 1A(d) and preceding word inserted (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 177 , 211 , Sch. 16 para. 2(c) (with ss. 29 , 192 , 193 ); S.I. 2009/3250 , art. 2(f)(ii) (with art. 9 ) Modifications etc. (not altering text) C6 S. 1A(d) modified (temp.) (prosp.) by Legal Services Act 2007 (c. 29) , ss. 209 , 211 , Sch. 22 para. 12 (with ss. 29 , 192 , 193 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F5 S. 1B inserted (1.7.2009) by Legal Services Act 2007 (c. 29) , ss. 177 , 211 , Sch. 16 para. 3 (with ss. 29 , 192 , 193 ); S.I. 2009/1365 , art. 2(a)(i) F6 S. 1B omitted (1.11.2015) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401) , art. 1(3) , Sch. 1 para. 2 Modifications etc. (not altering text) C7 S. 1B extended (with modifications) (1.7.2009) by S.I. 2000/1119 , Sch. 4 para. 7(1) Table (as substituted by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587) , art. 3(7)(a) )

Section 2

2. Admission U.K.

(1) The Society F7 . . . 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. F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Training regulations— (a) may prescribe— (i) the education and training F9 . . . 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 F10 . . . education or training under the regulations may be [ F11 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) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F7 Words in s. 2(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 4(a) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2009/3250 , art. 2(f)(ii)(i) F8 S. 2(2) repealed (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1) , s. 125(7) , Sch. 20 ; S.I. 1991/608 , art. 2 , Sch. F9 Words in s. 2(3)(a)(i) repealed (7.3.2008) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 4(b)(i) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2008/222 , art. 2(j)(i)(n)(i) F10 Words in s. 2(3)(a)(v) repealed (7.3.2008) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 4(b)(ii) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2008/222 , art. 2(j)(i)(n)(i) F11 Words in s. 2(3)(a)(v) inserted (7.3.2008) by Legal Services Act 2007 (c. 29) , ss. 177 , 211 , Sch. 16 para. 4(b)(iii) (with ss. 29 , 192 , 193 ); S.I. 2008/222 , art. 2(j)(i) F12 S. 2(4) repealed (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 4(c) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2009/3250 , art. 2(f)(ii)(i) F13 S. 2(5) repealed (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 177 , 210 , 211 , Sch. 16 para. 4(c) , Sch. 23 (with ss. 29 , 192 , 193 ); S.I. 2009/3250 , art. 2(f)(ii)(i) Modifications etc. (not altering text) C8 S. 2 extended (22.5.2000) by S.I. 2000/1119 , regs. 1 , 37(3) , Sch. 4 para. 1(1)

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Solicitors Act 1974 (c. 47)

1. Restriction on practice as sole solicitor E+W

2. Admission U.K.

Solicitors Act 1974 (c. 47)

1. Restriction on practice as sole solicitor E+W

2. Admission U.K.