Solicitors Act 1974 (c. 47)

Part IV U.K. Miscellaneous and General

Supplementary E+W

87 Interpretation. E+W

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

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F3 “ bank ” means the Bank of England [F4 or a person] (other than a building society) who has permission under [F5 Part 4A] of the Financial Services and Markets Act 2000 to accept deposits F6 ...;

• [F7 “ building society ” means a building society within the meaning of the Building Societies Act 1986 F8 . . .. ]

• “ 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 [F9 subject to rules under section 32(1)(a) ];

• “ 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 F10 . . ., not being business which falls within the definition of non–contentious or common form probate business contained in [F11 section 128 of the M1 [F12 Senior Courts ] Act 1981 ];

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

• F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ 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;

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

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• “ indemnity rules ” means rules under section 37;

• F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ 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;

• [F17 “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership;]

• F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• “ the roll ” means the list of solicitors of the [F12 Senior Courts ] 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 [F18 (other than an incorporated practice)] ;

• F19 ...

• [F20 “ solicitor ” means solicitor of the [F12 Senior Courts ];

• “ solicitor in Scotland ” means a person enrolled or deemed to have been enrolled as a solicitor in pursuance of the M2 Solicitors (Scotland) Act 1933;

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

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

• “ 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.

[F22 (1A) In this Act “authorised insurer” means—

(a) a person who has permission under [F23 Part 4A] 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;

F24 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F25 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 [F26 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

F1 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)

F2 S. 87(1): definition of "authorised insurer" repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 286(2)

F3 S. 87(1): definition of "bank" substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 286(3)

F4 Words in s. 87(1) substituted (31.12.2020) by The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 25(a)(i) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in s. 87(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 38 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F6 Words in s. 87(1) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 25(a)(ii) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

F7 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)

F8 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

F9 S. 87(1): words in definition of "client account" substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 75(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F10 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

F11 Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 1 para. 12(a)(i)

F12 Words in s. 87 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 21(6); S.I. 2009/1604, art. 2(d)

F13 S. 87(1): definition of "controlled trust" repealed (31.3.2009) 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. 2009/503, art. 2(b)(i)(f)(ii)

F14 S. 87(1): definition of "duly certificated notary public" repealed (1.1.2010) 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. 2009/3250, art. 2(f)(ii)

F15 S. 87(1): definitions of "indemnity conditions", "replacement date" and "training conditions" repealed (1.7.2009) 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. 2009/1365, art. 2(a)(i)(c)(i)

F16 Definitions in s. 87(1) omitted (19.11.1992) by virtue of S.I. 1992/2890, regs. 1(1), 12(1).

F17 S. 87(1): definition of "office" inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 5

F18 Words in s. 87 inserted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 14(a)

F19 Words in s. 87 omitted (1.11.2015) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 14(b)

F20 S. 87(1): definition of "sole solicitor endorsement" inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 75(b) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)

F21 Definition in s. 87(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

F22 S. 87(1A)-(1C) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 286(4)

F23 Words in s. 87(1A)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 38 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F24 S. 87(1A)(c)(d) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 25(b) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words inserted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 1 para. 12(b)(i)

F26 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)

C1 S. 87(1) amended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 8(2).

Marginal Citations

M1 1981 c. 54.

M2 1933 c. 21.