Solicitors Act 1974

[F1 13A Imposition of conditions while practising certificates are in force. E+W

(1) Subject to the provisions of this section, the Society may in the case of any solicitor direct that his practising certificate for the time being in force (his “current certificate”) shall have effect subject to such conditions as the Society may think fit.

(2) The power to give a direction under this section in the case of any solicitor shall be exercisable by the Society at any time during the period for which his current certificate is in force if—

(a) in the event of an application for a practising certificate being made by him at that time, section 12 would have effect in relation to him by reason of any such circumstances as are mentioned in paragraph (d), (e), (ee), (k) or (l) of subsection (1) of that section; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(c) he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors [F3 ; or]

[F3 (d) he has been charged with, or convicted of—

(i) an offence involving dishonesty or deception; or

(ii) a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act M1 1984).].

(3) Subject to subsection (4), the conditions specified in a direction under this section shall have effect as from the time when the solicitor concerned is notified of the Society’s decision to give the direction.

(4) The Society may, if it thinks fit, provide in a direction under this section that the conditions specified in the direction shall not have effect pending the hearing and determination of any appeal under subsection (6).

(5) Where there is pending against any judgment or order an appeal by a solicitor which, if successful, would result in subsection (2) no longer being applicable to him, the Society shall not give a direction under this section in his case so long as the appeal is pending, unless in the opinion of the Society the proceedings on that appeal have been unduly protracted by him or are unlikely to be successful.

[F4 This subsection does not apply to the exercise of the Society’s powers under this section by virtue of subsection (2)(d).]

(6) A solicitor in whose case a direction is given under this section may appeal to the Master of the Rolls against the decision of the Society within one month of being notified of it.

(7) On an appeal under subsection (6), the Master of the Rolls may—

(a) affirm the decision of the Society; or

(b) direct that the appellant’s current certificate shall have effect subject to such conditions as the Master of the Rolls thinks fit; or

by order revoke the direction; or

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

(8) Subsection (4A) of section 12 shall apply for the purposes of subsection (1) of this section as it applies for the purposes of subsection (4)(b) of that section.]

Textual Amendments

F1 S. 13A added by Administration of Justice Act 1985 (c. 61, SIF 34), s. 5

F2 S. 13A(2)(b) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. III

F3 Words added by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 94(1)

F4 Words added by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 94(2)

Marginal Citations

M1 1984 c.60. (95).