Solicitors Act 1974 (c. 47)

Part I U.K. Right to Practise as Solicitor

Practising certificates E+W

13 Appeals in connection with issue of practising certificates. E+W

(1) Where an application for a practising certificate is duly made to the Society otherwise than in a case where section 12 has effect and the Society refuses or neglects to issue a certificate, the applicant may apply to the High Court or to any judge of that court, or to the Master of the Rolls, who may make such order in the matter, including an order for the payment of costs by the Society to the applicant or by the applicant to the society, as may be just.

(2) Where the Society—

(a) in the exercise of the powers conferred on it by section 10, [F1 decides to issue] a practising certificate subject to a training condition or an indemnity condition; or

(b) in the exercise of the powers conferred on it by section 12, refuses to issue a practising certificate or [F1 decides to issue] a certificate subject to a condition,

the applicant may appeal to the Master of the Rolls against the decision of the Society within one month of being notified of it.

(3) On an appeal to the Master of the Rolls under subsection (2)(a), he may—

(a) affirm the decision of the Society; or

(b) direct the Society to issue a certificate to the applicant free from conditions; or

(c) if regulations under section 28 specify a number of training conditions or indemnity conditions, direct the Society to issue a certificate to the applicant subject to a training condition or, as the case may be, an indemnity condition, different from that subject to which it was originally issued.

(4) On an appeal to the Master of the Rolls under subsection (2)(b), he may—

(a) affirm the decision of the Society; or

(b) direct the Society to issue a certificate to the applicant free from conditions or subject to such conditions other than training conditions or indemnity conditions as the Master of the Rolls may think fit; or

(c) direct the Society not to issue a certificate; or

(d) if a certificate has been issued, by order suspend it; or

(d) make such other order as he thinks fit.

Textual Amendments

F1 Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 1 para. 5