Solicitors Act 1974

Part I Right to Practise as Solicitor

Qualifications and training

1 Qualifications for practising as solicitor.

1A Practising certificates: employed solicitors.

1BRestriction on practice as sole solicitor

2 Training regulations.

3 Admission as solicitor.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Keeping of the roll.

7 Entry of name and restoration of name struck off.

8 Removal or restoration of name at solicitor’s request.

Practising certificates

9 Applications for practising certificates.

10Issue of practising certificates.

10ARegister of holders of practising certificates

11 Fees payable on issue of practising certificates.

12 Discretion of Society with respect to issue of practising certificates in special cases.

12A Additional fee payable by certain solicitors on applying for practising certificates.

13 Appeals etc in connection with the issue of practising certificates.

13ZAApplication to practise as sole practitioner while practising certificate in force

13ZBFee payable on making of sole solicitor endorsement

13A Imposition of conditions while practising certificates are in force.

13B Suspension of practising certificates where solicitors convicted of fraud or serious crime.

14 Commencement, expiry and replacement of practising certificates.

15 Suspension of practising certificates.

16 Duration of suspension of practising certificates.

17 Publicity in relation to suspension of practising certificates.

17ASuspension of sole solicitor endorsement

17BDuration and publicity of suspension of sole solicitor endorsement

18 Extracts from the roll or register etc as evidence.

Rights and privileges of solicitors

19 Rights of practising and rights of audience.

Unqualified persons acting as solicitors

20 Unqualified person not to act as solicitor.

21 Unqualified person not to pretend to be a solicitor.

22 Unqualified person not to prepare certain instruments.

22A Powers of entry etc. of local weights and measures authorities.

23 Unqualified person not to prepare papers for probate etc.

24 Application of penal provisions to body corporate.

25 Costs where unqualified person acts as solicitor.

26 Time limit for commencement of certain proceedings.

27 Saving for persons authorised to conduct legal proceedings.

28 Regulations.

29 Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2.

30 Evidence as to solicitors in Scotland.

Part II Professional Practice, Conduct and Discipline of Solicitors and Clerks

31Rules as to professional practice, conduct and discipline.

32 Accounts rules and trust accounts rules.

33 Interest on clients’ money.

33AInspection of practice bank accounts etc.

34Accountants’ reports.

Sole solicitors

34AEmployees of solicitors

34BEmployees of solicitors: accounts rules etc

Intervention in solicitor’s practice, Compensation Fund and professional indemnity

35 Intervention in solicitor’s practice.

36 Compensation grants.

36ACompensation funds

37 Professional indemnity.

Inadequate professional services

37A Redress for inadequate professional services.

Restrictions on practice as solicitor

38 Solicitor who is justice of the peace not to act in certain proceedings.

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 Solicitor not to commence or defend actions while in prison.

Restrictions on employment of certain persons

41 Employment by solicitor of person struck off or suspended.

42 Failure to disclose fact of having been struck off or suspended.

43 Control of solicitors’ employees and consultants.

44 Offences in connection with orders under section 43(2).

Imposition by Council of disciplinary sanctions for inadequate professional services

44A Power of Council to impose sanctions for inadequate professional services.

Examination of files

44B Provision of information and documents by solicitors etc

44BAPower to require explanation of document or information

44BBProvision of information and documents by other persons

44BCInformation offences

Costs of investigations

44C Power to charge for costs of investigations.

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disciplinary powers of the Society

44DDisciplinary powers of the Society

44EAppeals against disciplinary action under section 44D

Disciplinary proceedings before Solicitors Disciplinary Tribunal

46 Solicitors Disciplinary Tribunal.

46AFunding of the Tribunal

47Jurisdiction and powers of Tribunal.

47A Power of Tribunal to impose sanctions for inadequate professional services.

48Orders of Tribunal.

49Appeals from Tribunal.

49AAppeals to the Tribunal instead of the High Court

Disciplinary proceedings before Supreme Court

50Jurisdiction of Senior Courts over solicitors.

51 Procedure upon certain applications to High Court.

52 Power of Society to draw up order of court.

53 Production of order of court to Society.

Disciplinary proceedings—general

54 Restrictions on powers to strike names off roll.

55 Applications to require solicitor to answer allegations.

Part III Remuneration of Solicitors

Non–contentious business

56 Orders as to remuneration for non–contentious business.

57 Non–contentious business agreements.

58 Remuneration of a solicitor who is a mortgagee.

Contentious business

59 Contentious business agreements.

60 Effect of contentious business agreements.

61 Enforcement of contentious business agreements.

62 Contentious business agreements by certain representatives.

63 Effect on contentious business agreement of death, incapability or change of solicitor.

64 Form of bill of costs for contentious business.

65 Security for costs and termination of retainer.

66Assessments with respect to contentious business.

Remuneration—general

67 Inclusion of disbursements in bill of costs.

68 Power of court to order solicitor to deliver bill, etc.

69 Action to recover solicitor’s costs.

70Assessment on application of party chargeable or solicitor.

71Assessment on application of third parties.

72 Supplementary provisions as to assessments.

73 Charging orders.

74 Special provisions as to contentious business done in county courts.

75 Saving for certain enactments.

Part IV Miscellaneous and General

76 Non–practising solicitors eligible for membership of Society.

77 Annual subscription to Society.

78 Cessation and suspension of membership of Society.

79Discharge of the Council's functions

80 Powers to act on behalf of Society.

81 Administration of oaths and taking of affidavits.

81A Fees for administering oaths and taking affidavits.

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83 Power of Society to inspect file of proceedings in bankruptcy of solicitor.

84 Service of documents at solicitor’s place of business.

85Bank accounts.

86 Bankers’ books.

87 Interpretation.

88 Saving for solicitors to public departments and City of London.

89 Consequential amendments, repeals, savings, etc.

90 Short title, commencement and extent.

SCHEDULE 1 Intervention in Solicitor’s Practice

Part I Circumstances in which Society may Intervene

1(1) Subject to sub–paragraph (2), the powers conferred by Part...

2On the death of a sole solicitor paragraphs 6 to...

3The powers conferred by Part II of this Schedule shall...

4(1) Where the powers conferred by Part II of this...

Part II Powers Exercisable on Intervention

5(1) The High Court, on the application of the Society,...

6(1) Without prejudice to paragraph 5, if the Society passes...

6A(1) Without prejudice to paragraph 5, if the Society passes...

6B(1) The Society may make rules governing its treatment of...

7(1) If the Society takes possession of any sum of...

8Without prejudice to paragraphs 5 to 7, if the High...

9(1) The Society may give notice to the solicitor or...

Mail and other forms of communication

10(1) The High Court, on the application of the Society,...

11(1) If the solicitor or his personal representative is a...

12The powers in relation to sums of money , documents...

13Subject to any order for the payment of costs that...

13A(1) The High Court, on the application of the Society,...

14Where an offence under this Schedule committed by a body...

15Any application to the High Court under this Schedule may...

16The Society may do all things which are reasonably necessary...

SCHEDULE 1A INADEQUATE PROFESSIONAL SERVICES

1 Circumstances in which Council’s powers may be exercised

2 Directions which may be given

4 Taxation of costs

5 Failure to comply with direction

8 Duty of Tribunal

9 Interpretation

1The fund shall be maintained and administered by the Society...

2(1) Subject to sub–paragraphs (2) and (2A), every solicitor—

3The Society may invest any money which forms part of...

4. . . the Society may borrow for the purposes...

5The Society may insure with authorised insurers for such purposes...

6There shall be carried to the credit of the fund—...

7All money from time to time forming part of the...

SCHEDULES 3 CONSEQUENTIAL AMENDMENTS

1. . . . . . . . . ....

2. . . . . . . . . ....

3. . . . . . . . . ....

4In section 20(3) of the Justices of the Peace Act...

5. . . . . . . . . ....

6In section 192(2) of the County Courts Act 1959 (as...

7. . . . . . . . . ....

8In section 4(2) of the Matrimonial Causes Act 1967, for...

9In section 223(1) of the Local Government Act 1972, for...

10. . . . . . . . . ....

Schedule 4 ENACTMENTS REPEALED

Royal arms

Solicitors Act 1974

1974 CHAPTER 47

An Act to consolidate the Solicitors Acts 1957 to 1974 and certain other enactments relating to solicitors.

[31st July 1974]