Solicitors Act 1974

Part IV U.K. Miscellaneous and General

The Society E+W

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

(1) Notwithstanding anything in the Charter, the Council may appoint and elect to be a member of the Society any person whose name is for the time being on the roll, whether or not he has held a practising certificate.

(2) Where a person is appointed and elected under subsection (1), he shall, on payment of the annual subscription payable by him under section 77,—

(a) become a member of the Society;

(b) be subject to any byelaw or regulation for the time being affecting members of the Society; and

(c) while he remains a member of the Society, be eligible for election as a member of the Council.

77 Annual subscription to Society. E+W

(1) The amount of the annual subscription payable by members of the Society shall be fixed from time to time by the Council.

(2) In fixing the amount of the annual subscription, the Council shall be at liberty—

(a) to divide members into classes;

(b) to provide that different amounts shall be paid by different classes and shall extend over different periods; and

(c) generally to regulate, and from time to time vary, as they think fit, the amounts payable by members or by different classes of members.

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

(1) If the name of a solicitor who is a member of the Society is removed from or struck off the roll that solicitor shall thereupon cease to be a member of the Society.

(2) A member of the Society who is suspended from practising as a solicitor shall not be entitled during the period of his suspension to any of the rights or privileges of membership of the Society.

(3) Subject to subsection (4), the Council may suspend any member of the Society—

(a) from using the hall and library and any of the rooms belonging to the Society; and

(b) from exercising all other rights and privileges of a member,

during such period as they may think fit for any cause which, in their opinion, renders such suspension necessary or expedient but is not of a nature to justify the making of a complaint to the Tribunal by or on behalf of the Society.

(4) A member shall not be suspended under subsection (3) unless—

(a) at least sixteen members of the Council are present at the meeting at which it is resolved to suspend him; and

(b) at least twelve of those members consent to his suspension.

(5) Any member of the Society who has been suspended under subsection (3) may, on giving the notice required by any byelaw or regulation of the Society, appeal against the suspension to the next available general meeting of members of the Society, and that meeting may confirm, rescind or vary the period of the suspension in any manner they think fit.

Modifications etc. (not altering text)

C1 S. 78(1)(2) extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 10

[F1 79 Discharge of the Council's functions E+W

(1) The Council may arrange for any function of the Council (including any function exercisable by the Council by virtue of section 80) to be exercised by—

(a) a committee of the Council,

(b) a sub-committee of such a committee,

(c) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society, or

(d) an individual (whether or not a member of the Society's staff).

(2) Where by virtue of subsection (1) any function may be discharged by a committee, the committee may arrange for the discharge of the function by—

(a) a sub-committee of that committee,

(b) a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society, or

(c) an individual (whether or not a member of the Society's staff).

(3) Where, by virtue of subsection (1) or (2), any function may be discharged by a sub-committee, that sub-committee may arrange for the discharge of the function by an individual (whether or not a member of the Society's staff).

(4) Arrangements made under this section in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body).

(5) In subsection (4) “the delegating body” means—

(a) in the case of arrangements under subsection (1), the Council;

(b) in the case of arrangements under subsection (2), the committee;

(c) in the case of arrangements under subsection (3), the sub-committee.

(6) Subsections (2) and (3) have effect subject to any contrary direction given by the Council.

(7) Where arrangements under subsection (3) relate to a function delegated by a committee under subsection (2), subsection (3) also has effect subject to any contrary direction given by that committee.

(8) Any power given by subsection (1), (2) or (3) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.

(9) A committee or sub-committee may include or consist of individuals other than—

(a) members of the Council;

(b) members of the Society;

(c) solicitors.

(10) A sub-committee of a committee may also include or consist of individuals other than members of the committee.

(11) The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.

(12) A committee or sub-committee may regulate its own procedure, including quorum.

(13) The validity of any proceedings of a committee or sub-committee is not affected by any vacancy among its members.

(14) In this section “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

(15) This section is subject to any provision to the contrary made by or under any enactment.]

Textual Amendments

F1 S. 79 substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 71 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i) (subject to art. 7(2))

Modifications etc. (not altering text)

C2 S. 79 modified (temp) (7.3.2008) by The Legal Services Act 2007 (Commencement No.1 and Transitory Provisions) Order 2008 (S.I. 2008/222), art. 7(2)

80 Powers to act on behalf of Society. E+W

(1) Anything authorised or required to be done by the Society under or in pursuance of this Act or [F2 any other enactment (or of any instrument made under this Act or any other enactment)] may be done on behalf of the Society by the Council; and the power to delegate functions [F3 conferred] by section 79 shall include power to delegate functions exercisable by the Council by virtue of this subsection.

(2) Any document issued by the Society or the Council for any purpose whatsoever may be signed on behalf of the Society or the Council, as the case may be, by the Secretary of the Society or by such other officer of the Society, or by the person holding such office in the Society, as may from time to time be prescribed either generally or specially by resolution of the Council.

(3) In any proceedings a document purporting to be certified by the Secretary of the Society as a copy of a resolution passed by the Council or a committee of the Council [F4 or sub–committee] on a specified date shall be evidence that that resolution was duly passed by the Council [F5 , committee or sub–committee] on that date.

Textual Amendments

F2 Words in s. 80(1) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 72(a) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)

F3 Word substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 16(2)

F4 Words inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 16(3)(a)

F5 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 16(3)(b)

Miscellaneous U.K.

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

(1) Subject to the provisions of this section, every solicitor who holds a practising certificate which is in force shall have the powers conferred on a commissioner for oaths by the M1 Commissioners for Oaths Acts 1889 and M2 1891 and section 24 of the M3 Stamp Duties Management Act 1891; and any reference to such a commissioner in an enactment or instrument (including an enactment passed or instrument made after the commencement of this Act) shall include a reference to such a solicitor unless the context otherwise requires.

(2) A solicitor shall not exercise the powers conferred by this section in a proceeding in which he is solicitor to any of the parties, or in which he is interested.

(3) A solicitor before whom any oath or affidavit is taken or made shall state in the jurat or attestation at which place and on what date the oath or affidavit is taken or made.

(4) A document containing such a statement and purporting to be sealed or signed by a solicitor shall be admitted in evidence without proof of the seal or signature, and without proof that he is a solicitor or that he holds a practising certificate which is in force.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 81(5) 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.

Modifications etc. (not altering text)

C3 S. 81 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(2) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(c))

Marginal Citations

M1 1889 c. 10

M2 1891 c. 50

M3 1891 c. 38

[F7 81A Fees for administering oaths and taking affidavits. E+W

(1) The [F8 Secretary of State] may, with the concurrence of the Lord Chief Justice and the Master of the Rolls, by order prescribe the fees to be charged by—

(a) commissioners for oaths; and

(b) solicitors exercising the powers of commissioners for oaths by virtue of section 81,

in respect of the administration of an oath or the taking of an affidavit.

(2) Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.

(3) In this section “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889.]

Textual Amendments

F7 S. 81A inserted by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(1), Sch. 5

F8 Words in s. 81A substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 3

Modifications etc. (not altering text)

C4 S. 81A extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(2) (as amended by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(c))

F9 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 82 repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

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

Where proceedings in bankruptcy have been taken against any solicitor, the Society shall be entitled—

(a) to inspect the file of those proceedings without payment of any fee; and

(b) to be supplied with office copies of those proceedings on payment of the usual charge.

Modifications etc. (not altering text)

C5 S. 83 extended (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), art. 3(2)(o), Sch.

C6 S. 83 extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 30; S.I. 1991/2683, art. 2

S. 83 extended (22.5.2000) by S.I. 2000/1119, arts. 1, 37(3), Sch. 4 para. 7(2) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(c))

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

(1) For the purpose of facilitating the service of notices and other documents, every solicitor who has in force, or has applied for, a practising certificate shall give notice to the Society of any change in his place or places of business before the expiration of 14 days from the date on which the change takes effect.

(2) Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him by delivering it to him, by leaving it at his proper address or by sending it by post.

(3) Any such notice or document may be served on a practising solicitor, without prejudice to any other method of service, by sending it in a registered letter addressed to him at any place specified as his place of business, or one of his places of business, in his latest application for a practising certificate or in any subsequent notice under subsection (1).

Modifications etc. (not altering text)

C7 S. 84 extended (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), art. 3(2)(p), Sch.

C8 S. 84 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(1) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(a))

85 Bank accounts. E+W

Where a solicitor keeps an account with a bank [F10 or a building society] in pursuance of rules under section 32—

(a) the bank [F11 or society] shall not incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it; and

(b) the bank [F11 or society] shall not have any recourse or right against money standing to the credit of the account, in respect of any liability of the solicitor to the bank, other than a liability in connection with the account.

Textual Amendments

F10 Words inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18 Pt. I para. 11(4)(a)

F11 Words inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18 Pt. I para. 11(4)(b)

Modifications etc. (not altering text)

C9 S. 85 extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 31; S.I. 1991/2683, art. 2

C10 S. 85 extended (1.1.1992) by S.I. 1991/2831, art. 1, 2

S. 85 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(4) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(f))

C11 S. 85 applied by Administration of Justice Act 1985 (c. 61), Sch. 2 para. 31A (as inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 118 (with ss. 29, 192, 193)); S.I. 2009/503, art. 2(b)(ii)

F12 86 Bankers’ books. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 86 repealed (1.12.1997) by 1997 c. 32, s. 46(2), Sch. 9; S.I. 1997/2668, art. 2(1), Sch. Pt.I

Supplementary E+W

Yn ddilys o 31/03/2009

[F13 86A Rules E+W

(1) Rules made by the Society under this Act may —

(a) make provision generally or subject to exceptions or only in relation to specified cases;

(b) make different provision for different cases or circumstances or for different purposes.

(2) Without prejudice to the generality of subsection (1), any rules prescribing a fee may provide for that fee to be reduced or waived in such circumstances as may be specified in the rules.]

Textual Amendments

F13 S. 86A inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 74 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

Modifications etc. (not altering text)

C12 S. 86A applied by Administration of Justice Act 1985 (c. 61), s. 9(2J) (as inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 81(5) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii) (subject to art. 4)

87 Interpretation. E+W

(1) In this Act, except where the context otherwise requires,—

• F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F16 “bank” means the Bank of England, a person (other than a building society) who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits or an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits;

• [F17 “building society” means a building society within the meaning of the Building Societies Act 1986 F18 . . ..]

• “the Charter” means the Royal Charter dated 26th February 1845, whereby the Society was incorporated, together with the Royal Charters supplemental to it dated respectively 26th November 1872, 4th June 1903, 2nd June 1909 and 10th March 1954;

• “client” includes—

  (a)

  in relation to contentious business, any person who as a principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor’s costs;

  (b)

  in relation to non–contentious business, any person who, as a principal or on behalf of another, or as a trustee or executor, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs or is about to retain or employ, a solicitor, and any person for the time being liable to pay to a solicitor for his services any costs;

• “client account” means an account in the title of which the word “client” is required by rules under section 32;

• “contentious business” means business done, whether as solicitor or advocate, in or for the purposes of proceedings begun before a court or before an arbitrator F19 . . ., not being business which falls within the definition of non–contentious or common form probate business contained in [F20 section 128 of the M4 Supreme Court Act 1981];

• “contentious business agreement” means an agreement made in pursuance of section 59;

• “controlled trust”, in relation to a solicitor, means a trust of which he is a sole trustee or co–trustee only with one or more of his partners or employees;

• “costs” includes fees, charges, disbursements, expenses and remuneration;

• “the Council” means the Council of the Society elected in accordance with the provisions of the Charter and this Act;

• “duly certificated notary public” means a notary public who either—

  (a)

  has in force a practising certificate as a solicitor issued under this Act, and duly entered in the court of faculties of the Archbishop of Canterbury in accordance with rules made by the master of faculties; or

  (b)

  has in force a practising certificate as a notary public issued by the s aid court of faculties in accordance with rules so made;

• F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “indemnity conditions” has the meaning assigned to it by section 28(2)(b);

• “indemnity rules” means rules under section 37;

• F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local law society” means a society which is for the time being recognised by the Council as representative of solicitors in some particular part of England and Wales;

• “non–contentious business” means any business done as a solicitor which is not contentious business as defined by this subsection;

• [F22 “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;]

• F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “practising certificate” has the meaning assigned to it by section 1;

• [F23 “replacement date”, in relation to a practising certificate, means the date prescribed under section 14(2)(a) or specified by the Society under any regulation made by virtue of section 14(4)(b);

• “the roll” means the list of solicitors of the Supreme Court kept by the Society under section 6;

• “Secretary” of the Society includes any deputy or person appointed temporarily to perform the duties of that office;

• “the Society” means the Law Society, that is to say, the Society incorporated and regulated by the Charter;

• “sole solicitor” means a solicitor who is the sole principal in a practice;

• “solicitor” means solicitor of the Supreme Court;

• “solicitor in Scotland” means a person enrolled or deemed to have been enrolled as a solicitor in pursuance of the M5 Solicitors (Scotland) Act 1933;

• F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “training conditions” has the meaning assigned to it by section 28(2)(a);

• “training regulations” means regulations under section 2;

• “the Tribunal” means the Solicitors Disciplinary Tribunal;

• “trust” includes an implied or constructive trust and a trust where the trustee has a beneficial interest in the trust property, and also includes the duties incident to the office of a personal representative, and “trustee” shall be construed accordingly;

• “unqualified person” means a person who is not qualified under section 1 to act as a solicitor.

[F25 (1A) In this Act “authorised insurer” means—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance of a relevant class;

(b) a person who carries on an insurance market activity, within the meaning of section 316(3) of that Act;

(c) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance of a relevant class; or

(d) a person who does not fall within paragraph (a), (b) or (c) and who may lawfully effect or carry out contracts of insurance of a relevant class in a member state other than the United Kingdom.

(1B) A contract of insurance is of a relevant class for the purposes of subsection (1A) if it insures against risks arising from—

(a) accident;

(b) credit;

(c) legal expenses;

(d) general liability to third parties;

(e) sickness;

(f) suretyship;

(g) miscellaneous financial loss.

(1C) The definition of “bank” in subsection (1) and subsections (1A) and (1B) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

(2) In this Act—

(a) references to the removal of a solicitor’s name from the roll are references to its removal at his own request [F26 or in pursuance of regulations under section 28(3A);]

(b) references to striking a solicitor’s name off the roll are references to striking it off [F27 as a disciplinary sanction]; and

(c) references to removal or striking off include references to deleting an entry made by means of a computer by whatever means are appropriate.

(3) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and

(d) a reference in a paragraph to a numbered sub–paragraph is a reference to the sub–paragraph of that paragraph so numbered.

(4) Except where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended or applied by or under any other enactment, including this Act.]]

Textual Amendments

F14 S. 87(1): definitions of "articles" and "employee" repealed (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 75(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)(n)(i)

F15 S. 87(1): definition of "authorised insurer" repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 286(2)

F16 S. 87(1): definition of "bank" substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 286(3)

F17 Definition of “building society” inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18, para. 11(5)

F18 S. 87(1): words in definition of "building society" repealed (27.9.1999) by 1999 c. 22, ss. 48, 106, Sch. 7 para. 4, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(a)(d)(ii)(a), Sch. 2 Pt. I

F19 Words in s. 87(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4(with s. 81(2));S.I. 1996/3146, art. 3

F20 Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 1 para. 12(a)(i)

F21 Definitions in s. 87(1) omitted (19.11.1992) by virtue of S.I. 1992/2890, regs. 1(1), 12(1).

F22 S. 87(1): definition of "office" inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 5

F23 Definition of "replacement date" inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 17; S.I. 1991/1364, art. 2, Sch.

F24 Definition in s. 87(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

F25 S. 87(1A)-(1C) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 286(4)

F26 Words inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 1 para. 12(b)(i)

F27 Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 8 para. 12(b)(ii)

Modifications etc. (not altering text)

C13 S. 87(1) amended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 8(2).

C14 Definition of "replacement date" modified (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(6), Sch. 19 para. 12(3); S.I. 1991/1364, art. 2, Sch.

Marginal Citations

M4 1981 c. 54.

M5 1933 c. 21.

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

(1) Nothing in this Act shall prejudice or affect any rights or privileges of the solicitor to the Treasury, any other public department, the Church Commissioners or the Duchy of Cornwall, or require any such officer or any clerk or officer appointed to act for him to be admitted or enrolled or to hold a practising certificate in any case where it would not have been necessary for him to be admitted or enrolled or to hold such a certificate if this Act had not been passed.

[F28 (1A) The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.]

(2) Sections 31 and 32(1) shall not apply to, and nothing in this Act shall prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of, the Solicitor of the City of London.

Textual Amendments

F28 S. 88(1A) inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 4(4)

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

X1 (1) The enactments specified in Schedule 3 shall have effect subject to the amendments there specified, being amendments consequential upon the provisions of this Act.

X1 (2) The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.

(3) In so far as any instrument or other document made, issued, served or kept or treated as having been or having effect as if made, issued, served or kept, or other thing done or treated as having been or having effect as if done, under or for the purposes of any of the enactments repealed by this Act (in this section referred to as “the repealed enactments”) could have been made, issued, served, kept or done under or for the purposes of a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made, issued, served, kept or done under or for the purposes of that corresponding provision; and anything begun under any of the repealed enactments may be continued under any corresponding provision of this Act as if begun under that provision.

(4) Any enactment or other document referring to any of the repealed enactments shall, so far as may be necessary for preserving its effect, be construed as referring to this Act or to the corresponding provision of this Act.

(5) References in any enactment or instrument to the disciplinary committee constituted under section 46 of the M6 Solicitors Act 1957 shall be construed as references to the Tribunal.

(6) References in any enactment to solicitors, attorneys or proctors, or to the registrar of attorneys and solicitors or the registrar of solicitors, shall be construed as references to solicitors and to the Society respectively.

(7) References in any enactment to a duly certificated notary public shall be construed as references to a duly certificated notary public within the meaning of this Act.

(8) Nothing in this Act shall be taken as prejudicing the operation of [F29 sections 16(1) and 17(2)(a) of the M7 Interpretation Act 1978] (which relates to the effect of repeals).

Editorial Information

X1 The text of ss. 86, 89(1)(2), Sch. 3 paras. 4, 6, 8, and 9, and Sch. 4, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F29 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M6 1957 c. 27.

M7 1978 c. 30.

90 Short title, commencement and extent. E+W

(1) This Act may be cited as the Solicitors Act 1974.

(2) This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, not being earlier than the first day on which all the provisions of the M8 Solicitors (Amendment) Act 1974 are in force.

(3) If any order made under section 19(7) of the M9 Solicitors (Amendment) Act 1974 makes any savings from the effect of any provision of that Act which it brings into force, the order under subsection (2) may make corresponding savings from the effect of the corresponding provision of this Act.

(4) The provisions of this Act extend to England and Wales only, with the exception of—

(a) section 4(4) and the repeal of section 5(3) of the M10 Solicitors Act 1957, which extend to Scotland;

(b) section 29 and the repeal of section I of the M11 Solicitors (Amendment) Act 1974, which extend to Northern Ireland;

(c) sections 5(3) and 86, F30 . . . and the repeals of section 5(2) of the Solicitors Act 1957 and paragraphs 1 and 5 of Schedule 2 to the M12 Solicitors (Amendment) Act 1974, all of which extend both to Scotland and to Northern Ireland.

Textual Amendments

F30 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Modifications etc. (not altering text)

C15 1.5.1975 appointed under s. 90(2) by S.I. 1975/534

Marginal Citations

M8 1974 c. 26.

M9 1974 c. 26.

M10 1957 c. 27 (5 & 6 Eliz. 2).

M11 1974 c. 26.

M12 1974 c. 26.