Part 8Miscellaneous provisions about lawyers etc

Savings

193Solicitors to public departments and the City of London

(1)Nothing in this Act is to prejudice or affect any rights or privileges of—

(a)the Treasury Solicitor,

(b)the solicitor to any other public department,

(c)the solicitor to the Church Commissioners, or

(d)the solicitor to the Duchy of Cornwall.

(2)Nothing in this Act requires a person to whom subsection (1) applies, or any clerk or officer appointed to act for such a person, to be entitled to carry on an activity which is a reserved legal activity in any case where, by virtue of section 88(1) of the Solicitors Act 1974 (c. 47), it would not have been necessary for that person to be admitted and enrolled and to hold a practising certificate under that Act if this Act had not been passed.

(3)Nothing in this Act is to prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of Solicitor of the City of London.

(4)Nothing in section 17 (offence to pretend to be entitled) applies to a person to whom subsection (1) applies, or any clerk or officer appointed to act for such a person, or to the Solicitor of the City of London.

(5)A person who—

(a)exercises before any court a right of audience, or

(b)conducts litigation in relation to proceedings in any court,

by virtue of this section has a duty to the court in question to act with independence in the interests of justice.

(6)That duty overrides any obligations which the person may have (otherwise than under the criminal law) if it is inconsistent with them.