|
| |
|
(b) | so as to prevent an award of damages made in respect of an act or |
| |
omission on the ground that the act or omission was unlawful as a |
| |
result of section 6(1) of the Human Rights Act 1998 (c. 42). |
| |
| |
| |
The Law Society, solicitors, recognised bodies and foreign lawyers |
| 5 |
| |
The Solicitors Act 1974 (c. 47) |
| |
1 | The Solicitors Act 1974 is amended in accordance with this Part of this |
| |
| |
2 | In section 1A (practising certificates: employed solicitors)— |
| 10 |
(a) | omit “or” at the end of paragraph (b), |
| |
(b) | in paragraph (c) omit “by the Council of the Law Society”, and |
| |
(c) | at the end of that paragraph insert “or |
| |
(d) | by any other person who, for the purposes of the |
| |
Legal Services Act 2007, is an authorised person in |
| 15 |
relation to an activity which is a reserved legal |
| |
activity (within the meaning of that Act).” |
| |
3 | In section 2 (training regulations)— |
| |
(a) | in subsection (1) omit “, with the concurrence of the Secretary of |
| |
State, the Lord Chief Justice and the Master of the Rolls,”, |
| 20 |
(b) | in subsection (3)(a)— |
| |
(i) | in sub-paragraph (i) omit “, whether by service under articles |
| |
| |
(ii) | in sub-paragraph (v) omit “articles may be discharged or”, |
| |
| 25 |
(iii) | in that sub-paragraph after “be” (in the second place) insert |
| |
| |
(c) | omit subsections (4) and (5). |
| |
4 | In section 3 (admission as solicitor), in subsection (2)— |
| |
(a) | for “Master of the Rolls” (in each place) substitute “Society”, and |
| 30 |
(b) | for “his” substitute “its”. |
| |
5 | In section 6 (keeping of the roll) omit subsections (2) to (4). |
| |
6 | In section 7 (entry of name and restoration of name struck off)— |
| |
(a) | for paragraph (a) substitute— |
| |
“(a) | of written evidence of admission of any person as a |
| 35 |
solicitor by the Society,”, and |
| |
(b) | for “Council” substitute “Society”. |
| |
7 (1) | Section 8 (removal or restoration of name at solicitor’s request) is amended |
| |
| |
(2) | In subsection (2) for “Council” substitute “Society”. |
| 40 |
|
| |
|
| |
|
(3) | In subsection (4) for “Master of the Rolls” substitute “High Court”. |
| |
(4) | After that subsection insert— |
| |
“(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) |
| 5 |
| |
| |
8 | For sections 9 and 10 (applications for and issue of practising certificates) |
| |
| |
“9 | Applications for practising certificates |
| 10 |
(1) | A person whose name is on the roll may apply to the Society to be |
| |
issued with a practising certificate. |
| |
(2) | An application must be— |
| |
(a) | made in accordance with regulations under section 28, and |
| |
(b) | accompanied by the appropriate fee. |
| 15 |
(3) | “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. |
| 20 |
10 | The 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 |
| |
| 25 |
(a) | is not suspended from practice, and |
| |
(b) | is complying with any prescribed requirements imposed on |
| |
| |
(2) | A practising certificate issued to an applicant of a prescribed |
| |
description must be issued subject to any conditions prescribed in |
| 30 |
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 |
| 35 |
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 |
| 40 |
efficient practice as a solicitor; |
| |
(b) | conditions which prohibit that person from taking any |
| |
specified steps, except with the approval of the Society. |
| |
|
| |
|
| |
|
| |
“prescribed” means prescribed by regulations under section 28; |
| |
“specified”, in relation to a condition imposed on a practising |
| |
certificate, means specified in the condition.” |
| |
9 | After section 10 (as inserted by paragraph 8) insert— |
| 5 |
“10A | Register of holders of practising certificates |
| |
(1) | The Society must keep a register of all solicitors who hold practising |
| |
| |
(2) | The register must contain— |
| |
(a) | the full name of each solicitor who holds a practising |
| 10 |
| |
(b) | such other information as may be specified in regulations |
| |
| |
10 | For section 11 (fee payable on issue of practising certificate) substitute— |
| |
“11 | Fee payable on issue of practising certificates |
| 15 |
(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. |
| 20 |
(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 |
| 25 |
(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.” |
| 30 |
11 | Omit section 12 (discretion of Society with respect to issue of practising |
| |
certificates in special cases). |
| |
12 | Omit section 12A (additional fee payable by certain solicitors on applying |
| |
for practising certificates). |
| |
13 | For section 13 (appeals in connection with issue of practising certificates) |
| 35 |
| |
“13 | Appeals etc in connection with the issue of practising certificates |
| |
(1) | A person who makes an application in accordance with section 9 |
| |
may appeal to the High Court against— |
| |
(a) | a decision to refuse the application, or |
| 40 |
(b) | 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 |
| 5 |
application for a practising certificate 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— |
| 10 |
(a) | affirm the decision of the Society, |
| |
(b) | direct the Society to issue a certificate to the applicant free |
| |
from conditions or subject to such conditions as the High |
| |
| |
(c) | direct the Society not to issue a certificate, |
| 15 |
(d) | if a certificate has been issued, by order suspend it, or |
| |
(e) | 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 |
| 20 |
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 |
| 25 |
| |
14 (1) | Section 13A (imposition of conditions while practising certificates are in |
| |
force) is amended as follows. |
| |
(2) | For subsections (2) to (5) substitute— |
| |
“(2) | The power conferred by subsection (1) is exercisable in relation to a |
| 30 |
solicitor at any time during the period for which the solicitor’s |
| |
current certificate is in force if 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 |
| 35 |
decision of the Society.” |
| |
| |
(a) | for “Master of the Rolls” (in both places) substitute “High Court”, |
| |
| |
(b) | for “he” substitute “it”. |
| 40 |
(5) | After that subsection insert— |
| |
“(7A) | The decision of the High Court on an appeal under subsection (6) |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(7) | After that subsection insert— |
| 5 |
“(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 |
| 10 |
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 |
| 15 |
(c) | make such other order as the High Court thinks fit. |
| |
(11) | The decision of the High Court on an appeal under subsection (9) |
| |
| |
(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.” |
| 20 |
15 | In section 13B (suspension of practising certificates where solicitors |
| |
convicted of fraud or serious crime)— |
| |
(a) | in subsection (7) for “Master of the Rolls” substitute “High Court”, |
| |
| |
(i) | for “Master of the Rolls” (in both places) substitute “High |
| 25 |
| |
(ii) | in paragraph (d) for “he” substitute “it”, and |
| |
(c) | after that subsection insert— |
| |
“(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. |
| 30 |
(10) | The decision of the High Court on an appeal under |
| |
subsection (7) shall be final.” |
| |
16 | Omit section 14 (commencement, expiry and replacement of practising |
| |
| |
17 | In section 15 (suspension of practising certificates), in subsection (1A)— |
| 35 |
(a) | after “6(1)” insert “, 6A(1)”, |
| |
(b) | after “1(1)(a)(i),” insert “(aa),”, and |
| |
(c) | after “section” insert “31 or”. |
| |
18 (1) | Section 16 (duration of suspension of practising certificates) is amended as |
| |
| 40 |
(2) | For subsection (1) substitute— |
| |
“(1) | Where a practising certificate is suspended, it expires on such date as |
| |
may be prescribed by regulations under section 28.” |
| |
|
| |
|
| |
|
(3) | In subsection (3)(c) for “the replacement date of the certificate” substitute |
| |
“the date on which his certificate will expire”. |
| |
| |
(a) | for “Master of the Rolls, who” substitute “High Court, which”, and |
| |
(b) | in paragraph (b) for “he” substitute “it”. |
| 5 |
(5) | After that subsection insert— |
| |
“(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) |
| |
| 10 |
19 | In section 17 (publicity in relation to suspension of practising certificates), in |
| |
subsections (1) and (2) omit “in the London Gazette”. |
| |
20 | For section 18 (evidence as to holding of practising certificates) substitute— |
| |
“18 | Extracts from the roll or register etc as evidence |
| |
(1) | An extract from the roll, or an extract from the register kept under |
| 15 |
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 |
| 20 |
| |
| is evidence of the matters stated.” |
| |
21 | Omit section 19 (rights of practising and rights of audience). |
| |
22 | For section 20 (unqualified person not to act as solicitor) substitute— |
| |
“20 | Unqualified person not to act as solicitor |
| 25 |
(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.” |
| |
| 30 |
(a) | sections 22 and 22A (unqualified person not to prepare certain |
| |
| |
(b) | section 23 (unqualified person not to prepare papers for probate etc). |
| |
24 | In section 24 (application of penal provisions to body corporate), in |
| |
subsection (2) from “sections” to the end substitute “section 20 the reference |
| 35 |
to an unqualified person and the reference to a person both include a |
| |
reference to a body corporate.” |
| |
25 | In section 26 (time limit for commencement of certain proceedings) omit “, |
| |
| |
26 | Omit section 27 (saving for persons authorised to conduct legal |
| 40 |
| |
|
| |
|
| |
|
27 (1) | Section 28 (regulations) is amended as follows. |
| |
| |
(a) | for “Master of the Rolls” substitute “Society”, |
| |
(b) | omit “, with the concurrence of the Secretary of State and the Lord |
| |
| 5 |
(c) | in paragraph (c) omit “and applications for them”, and |
| |
(d) | in paragraph (d) for “section 9” substitute “section 10A”. |
| |
(3) | Omit subsections (2) and (3). |
| |
| |
(a) | for “may—” insert “may (among other things)— |
| 10 |
(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;”, |
| |
(b) | omit “and” at the end of paragraph (b), and |
| |
(c) | after paragraph (d) insert— |
| 15 |
“(e) | require the information on the roll to be made |
| |
| |
(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.” |
| 20 |
(5) | After that subsection insert— |
| |
“(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 |
| 25 |
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 |
| 30 |
certificates must satisfy before they may be issued with a |
| |
| |
(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 |
| 35 |
subject to prescribed conditions); |
| |
(f) | prescribe circumstances for the purposes of section 10(3) |
| |
(circumstances in which application may be refused etc in the |
| |
| |
(g) | make provision about when conditions imposed on |
| 40 |
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 |
| |
| |
(h) | make provision for the commencement, duration, |
| 45 |
replacement, withdrawal and expiry of practising |
| |
| |
|
| |
|