Solicitors Act 1974 (c. 47)

Part I U.K. Right to Practise as Solicitor

Unqualified persons acting as solicitors E+W

22 Unqualified person not to prepare certain instruments. E+W

(1) Subject to [F1 subsections (2) and (2A)], any unqualified person who directly or indirectly—

(a) draws or prepares any instrument of transfer or charge for the purposes of the [F2 Land Registration Act 2002], or makes any application or lodges any document for registration under that Act at the registry, or

(b) draws or prepares any other instrument relating to real or personal estate, or any legal proceeding,

shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and liable on summary conviction to a fine not exceeding [F3 level 3 on the standard scale].

(2) Subsection (1) does not apply to—

(a) a barrister or duly certificated notary public;

[F4 (aa) a registered trade mark agent drawing or preparing any instrument relating to any design, [F5 or trade mark];

(ab) a registered patent agent drawing or preparing any instrument relating to any invention, design technical information, [F5 or trade mark].]

[F6 (ac) any accredited person drawing or preparing any instrument—

(i) which creates, or which he believes on reasonable grounds will create, a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), or

(ii) which relates to an existing tenancy which is, or which he believes on reasonable grounds to be, such a tenancy;]

(b) any public officer drawing or preparing instruments or applications in the course of his duty;

(c) any person employed merely to engross any instrument, application or proceeding;

and paragraph (b) of that subsection does not apply to a duly certificated solicitor in Scotland.

[F7 (2A) Subsection (1) also does not apply to any act done by a person at the direction and under the supervision of another person if—

(a) that other person was at the time his employer, a partner of his employer or a fellow employee; and

(b) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this section.]

(3) For the purposes of subsection (1)(b), “instrument”[F8 includes a contract for the sale or other disposition of land (except a contract to grant such a lease as is referred to in section 54(2) of the M1 Law of Property Act 1925 (short leases)), but] does not include—

(a) a will or other testamentary instrument;

(b) an agreement not [F9 intended to be executed as a deed][F10 other than a contract that is included by virtue of the preceding provisions of this subsection;]

(c) a letter or power of attorney; or

(d) a transfer of stock containing no trust or limitation thereof.

[F11 (3A) In subsection (2)—

• [F12 “accredited person” means any person who is—

  (a)

  a Full Member of the Central Association of Agricultural Valuers,

  (b)

  an Associate or Fellow of the Incorporated Society of Valuers and Auctioneers, or

  (c)

  an Associate or Fellow of the Royal Institution of Chartered Surveyors;]

• “registered trade mark agent” has the same meaning as in [F13 the Trade Marks Act 1994]; and

• “registered patent agent” has the same meaning as in section 275(1) [F14 of the Copyright, Designs and Patents Act 1988].]

[F15 (4) A local weights and measures authority may institute proceedings for an offence under this section.]

Textual Amendments

F1 Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 6(1)(2)

F2 Words in s. 22(1) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 12(2) (with s. 129); S.I. 2003/1725, art. 2(1)

F3 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F4 S. 22(2)(aa)(ab) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 59(1), 68(2)

F5 In s. 22(2)(aa)(ab) words substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 5(2); S.I. 1994/2550, arts. 2,3

F6 S. 22(2)(ac) inserted (1.9.1995) by 1995 c. 8, s. 35(2) (with s. 37)

F7 S. 22(2A) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 6(3), 69(5), Sch. 9 para. 5(a)

F8 Words inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 6(4), 69(5), Sch. 9 para. 5(b)

F9 Words substituted by Law of Property (Miscellaneous Provisions) Act 1989 (c. 34, SIF 98:1), s. 1, Sch. 1 para. 8

F10 Words inserted by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 6(4), 69(5), Sch. 9 para. 5(b)

F11 S. 22(3A) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 59(1), 68(3)

F12 In s. 22(3A) definition inserted (1.9.1995) by 1995 c. 8, s. 35(3) (with s. 37)

F13 In s. 22(3A) words in definition substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 5(3)(a); S.I. 1994/2550, arts. 2, 3

F14 In s. 22(3A) words in definition substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 5(3)(b); S.I. 1994/2550, arts. 2, 3

F15 S. 22(4) inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 6(5)

Modifications etc. (not altering text)

C1 S. 22 amended by S.I. 1978/1910, art. 18(1), Sch. Pt. II

C2 S. 22 excluded (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 36(1)(5), 59(1), 124(3) and excluded (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 27(10), 28(6), 59(1)

C3 S. 22 modified (22.5.2000) by S.I. 2000/1119, regs. 1, 37(1), Sch. 3 Pt. 2

C4 S. 22(1) excluded (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 9(3)(4); S.I. 1991/2683, art. 2 and excluded by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 11(4), 32(4)(5)

C5 S. 22(1) restricted (prosp.) by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 124, 126(4), Sch. 21 paras. 7(1)(2), 13 (which amendment was repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 17 Group 2}

Marginal Citations

M1 1925 c.20. (98:1).