Solicitors Act 1974

Qualifications and training E+W

1 Qualifications for practising as solicitor. E+W

No person shall be qualified to act as a solicitor unless—

(a) he has been admitted as a solicitor, and

(b) his name is on the roll, and

(c) he has in force a certificate issued by the Society in accordance with the provisions of this Part authorising him to practise as a solicitor (in this Act referred to as a “practising certificate”).

[F1 1A Practising certificates: employed solicitors. E+W

A person who has been admitted as a solicitor and whose name is on the roll shall, if he would not otherwise be taken to be acting as a solicitor, be taken for the purposes of this Act to be so acting if he is employed in connection with the provision of any legal services—

(a) by any person who is qualified to act as a solicitor;

(b) by any partnership at least one member of which is so qualified; or

(c) by a body recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985 (incorporated practices).]

Textual Amendments

F1 S. 1A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 85

Valid from 01/07/2009

[F2 1B Restriction on practice as sole solicitor E+W

(1) Rules under section 31 (rules as to professional practice etc) must provide that a solicitor may not practise as a sole solicitor unless he has in force—

(a) a practising certificate, and

(b) an endorsement of that certificate by the Society authorising him to practise as a sole solicitor (a “sole solicitor endorsement”).

(2) The rules may provide that, for the purposes of the rules and this Act, a solicitor is not to be regarded as practising as a sole solicitor in such circumstances as may be prescribed by the rules.

(3) The rules must prescribe the circumstances in which a solicitor may be regarded by the Society as suitable to be authorised to practise as a sole solicitor.]

Textual Amendments

F2 S. 1B inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 3 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(i)

Modifications etc. (not altering text)

C1 S. 1B extended (with modifications) (1.7.2009) by S.I. 2000/1119, Sch. 4 para. 7(1) Table (as substituted by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(a))

2 Training regulations. E+W

(1) The Society, with the concurrence of the [F3 Secretary of State], the Lord Chief Justice and the Master of the Rolls, may make regulations (in this Act referred to as “training regulations”) about education and training for persons seeking to be admitted or to practise as solicitors.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Training regulations—

(a) may prescribe—

(i) the education and training, whether by service under articles or otherwise, to be undergone by persons seeking admission as solicitors;

(ii) any education or training to be undergone by persons who have been admitted as solicitors;

(iii) the examinations or other tests to be undergone by persons seeking admission as solicitors or who have been admitted;

(iv) the qualifications and reciprocal duties and responsibilities of persons undertaking to give education or training for the purposes of the regulations or undergoing such education or training; and

(v) the circumstances in which articles may be discharged or education or training under the regulations may be terminated;

(b) may require persons who have been admitted as solicitors to hold practising certificates while they are undergoing education or training under the regulations;

(c) may include provision for the charging of fees by the Society and the application of fees which the Society receives;

(d) may make different provision for different classes of persons and different circumstances.

[F5 (4) Where, under Schedule 4 to the Courts and Legal Services Act 1990 (approval of certain regulations in connection with the grant of rights of audience or rights to conduct litigation), the [F3 Secretary of State][F6 approves any regulation such as is mentioned in subsection (1), the requirement of the concurrence of the Lord Chief Justice and the Master of the Rolls imposed by that subsection shall not apply.]]

[F5 (5) Subsection (4) shall have effect whether or not the regulation required to be approved under Schedule 4 to the Act of 1990.]

Textual Amendments

F3 Words in s. 2 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 3

F4 S. 2(2) repealed (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/608, art. 2, Sch.

F5 S. 2(4)(5) added (1 4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 8; S.I. 1991/608, art. 2, Sch.

F6 Words in s. 2(4) substituted (1.1.2000) by 1999 c. 22, s. 43, Sch. 6 para. 2 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(a) (with art. 4, Sch. 2)

Modifications etc. (not altering text)

C2 S. 2 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 1(1)