- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/03/2001)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2007
Point in time view as at 26/03/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Solicitors Act 1974, Section 12.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsections (2) and (3), this section shall have effect in any case where a solicitor applies for a practising certificate—
(a)for the first time; or
(b)not having held a practising certificate free of conditions since the date of his admission; or
(c)[F1when, on what would be the commencement date for the certificate, if it were granted], a period of twelve months or more will have elapsed since he held a practising certificate in force; or
(d)after the Tribunal has ordered a penalty or costs to be paid by him or that he be reprimanded; or
(e)after he has been invited by the Society to give an explanation in respect of any matter [F2relating to]his conduct and has failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory, and has been notified in writing by the Society that he has so failed; or
[F3(ee)when, having been required by section 34(1) to deliver an accountant’s report to the Society, he has not delivered that report within the period allowed by section 34(2); or]
(f)when, having been suspended from practice, the period of his suspension has expired; or
(g)when, having had his name removed from or struck off the roll, his name has been restored to the roll; or
(h)while he is an undischarged bankrupt . . . F4; or
(i)after having been adjudged bankrupt [F5and discharged]or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or
(j)while he is a patient as defined by [F6section 9 of the Mental Health Act 1983](which relates to the judge’s functions in relation to the patient), or while he is a person as to whom powers have been exercised under [F6section 104 of the Mental Health Act 1959 or section 98 of the said Act of 1983](which relates to the judge’s powers in cases of emergency); or
(k)after having been committed to prison in civil or criminal proceedings; or
(l)after having had given against him any judgment which involves the payment of money, not being a judgment—
(i)limited to the payment of costs; or
(ii)as to the whole effect of which upon him he is entitled to indemnity or relief from some other person; or
(iii)evidence of the satisfaction of which has been produced to the Society.
(2)Where a practising certificate free of conditions is issued by the Society under subsection (4) to a solicitor in relation to whom this section has effect by reason of any such circumstances as are mentioned in paragraph (d), (e) [F7(ee)], (f), (g), (i), (k), or (l) of subsection (1) [F7then, except in the case of any circumstances of whose existence the Society is unaware at the time the certificate is issued,], this section shall not thereafter have effect in relation to that solicitor by reason of those circumstances.
(3)Where a solicitor’s practising certificate is suspended by virtue of section 15(1) by reason of his suspension from practice and the suspension of his practising certificate is terminated unconditionally under section 16(4) or (5), then, notwithstanding subsection (1)(f), this section shall not thereafter have effect in relation to that solicitor by reason of that suspension from practice and the expiry of the period of that suspension.
(4)In any case where this section has effect, the applicant shall, unless the Society or the Master of the Rolls otherwise orders, give to the Society not less than six weeks before he applies for a practising certificate notice of his intention so to apply; and, subject to subsections (6) and (7), the Society may in its discretion—
(a)grant or refuse the application, or
(b)decide to issue a certificate to the applicant subject to such conditions as the Society may think fit.
[F8(4A)Without prejudice to the generality of subsection (4)(b)—
(a)conditions may be imposed under that provision for requiring the applicant to take any specified steps that will, in the opinion of the Society, be conducive to his carrying on an efficient practice as a solicitor; and
(b)conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.]
(5)Where the Society decides to issue a certificate subject to conditions, it may, if it thinks fit, postpone the issue of the certificate pending the hearing and determination of any appeal under section 13(2)(b).
(6)The Society shall not refuse an application by a solicitor for a practising certificate in a case where this section has effect by reason only—
(a)that he is applying for the first time; or
(b)that he has not held a practising certificate free from conditions since the date of his admission;
and, in a case falling within paragraph (b), the certificate shall not be made subject to any conditions binding on the applicant in respect of any period more than three years after the date on which the first practising certificate issued to him had effect.
(7)Where a solicitor applies for a practising certificate in a case where this section has effect by reason only of any such circumstances as are mentioned in paragraph (h), (k) or (l) of subsection (1) and an appeal has been made to the appropriate court against the order or judgment in question, the Society shall not refuse the application before the determination of that appeal, unless in the opinion of the Society the proceedings on that appeal have been unduly protracted by the appellant or are unlikely to be successful.
Textual Amendments
F1Words in S. 12(1)(c) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 9; S.I. 1991/1364, art. 2, Sch.
F2Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 4(1), 69(5), Sch. 9 para. 4(2)(a)
F3S. 12(ee) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 4(2)(b), 69(5), Sch. 9 para. 4(a)
F4Words repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. III
F5Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 25
F6Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 38(a)
F7Words inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 4(3), 69(5), Sch. 9 para. 4(b)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys