Legal Services Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

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;