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Legal Services Bill [HL]


Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

229

 

(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).

Schedule 16

Section 178

 

The Law Society, solicitors, recognised bodies and foreign lawyers

5

Part 1

The Solicitors Act 1974 (c. 47)

1          

The Solicitors Act 1974 is amended in accordance with this Part of this

Schedule.

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

or otherwise,”,

(ii)   

in sub-paragraph (v) omit “articles may be discharged or”,

and

25

(iii)   

in that sub-paragraph after “be” (in the second place) insert

“started or”, and

(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

as follows.

      (2)  

In subsection (2) for “Council” substitute “Society”.

40

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

230

 

      (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

shall be final.”

      (5)  

Omit subsection (5).

8          

For sections 9 and 10 (applications for and issue of practising certificates)

substitute—

“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

applicant—

25

(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

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.

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

231

 

(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.”

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

certificates.

(2)   

The register must contain—

(a)   

the full name of each solicitor who holds a practising

10

certificate, and

(b)   

such other information as may be specified in regulations

under section 28(1)(d).”

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

substitute—

“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.

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

232

 

(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

Court may think fit,

(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

(2) shall be final.”

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.”

      (4)  

In subsection (7)—

(a)   

for “Master of the Rolls” (in both places) substitute “High Court”,

and

(b)   

for “he” substitute “it”.

40

      (5)  

After that subsection insert—

“(7A)   

The decision of the High Court on an appeal under subsection (6)

shall be final.”

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

233

 

      (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

section.”

      (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)

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.”

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”,

(b)   

in subsection (8)—

(i)   

for “Master of the Rolls” (in both places) substitute “High

25

Court”, and

(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

certificates).

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

follows.

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.”

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

234

 

      (3)  

In subsection (3)(c) for “the replacement date of the certificate” substitute

“the date on which his certificate will expire”.

      (4)  

In subsection (5)—

(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)

shall be final.”

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

section 10A,

   

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.”

23         

Omit—

30

(a)   

sections 22 and 22A (unqualified person not to prepare certain

instruments etc), and

(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 “,

22 or 23”.

26         

Omit section 27 (saving for persons authorised to conduct legal

40

proceedings).

 

 

Legal Services Bill [HL]
Schedule 16 — The Law Society, solicitors, recognised bodies and foreign lawyers
Part 1 — The Solicitors Act 1974 (c. 47)

235

 

27    (1)  

Section 28 (regulations) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “Master of the Rolls” substitute “Society”,

(b)   

omit “, with the concurrence of the Secretary of State and the Lord

Chief Justice,”,

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).

      (4)  

In subsection (3A)—

(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

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.”

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

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

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

public interest);

(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

relation to it);

(h)   

make provision for the commencement, duration,

45

replacement, withdrawal and expiry of practising

certificates;

 

 

 
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