Access to Justice Act 1999

Bank and building society accounts

2. In—

(a) section 32(4) of that Act (power of Council of the Law Society to disclose report or information about solicitor’s accounts to Director of Public Prosecutions for investigation and prosecution of offences), and

(b) paragraph 3 of Schedule 2 to the [1985 c. 61.] Administration of Justice Act 1985 (corresponding provision in relation to accounts of incorporated practices),

omit “to the Director of Public Prosecutions” and “, if the Director thinks fit,”.

3 In the Solicitors Act 1974, after section 33 insert—

“33A Inspection of practice bank accounts etc

(1) The Council may make rules, with the concurrence of the Master of the Rolls, empowering the Council to require a solicitor to produce documents relating to any account kept by him at a bank or with a building society—

(a) in connection with his practice; or

(b) in connection with any trust of which he is or formerly was a trustee,

for inspection by a person appointed by the Council pursuant to the rules.

(2) The Council shall be at liberty to disclose information obtained in exercise of the powers conferred by rules made under subsection (1) for use in investigating the possible commission of an offence by the solicitor and for use in connection with any prosecution of the solicitor consequent on the investigation.”

4 In section 87(1) of that Act (interpretation), in the definition of “building society”, omit “; and a reference to an account with a building society is a reference to a deposit account”.

5 In Schedule 2 to the [1985 c. 61.] Administration of Justice Act 1985, after paragraph 4 insert—

“Inspection of bank accounts

4A. Where rules made under section 33A(1) of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, the Council shall be at liberty to disclose information about a recognised body’s accounts obtained in pursuance of the rules for use in investigating the possible commission of an offence by that body and for use in connection with any prosecution of that body consequent on the investigation.”