Part I Right to Practise as Solicitor

Unqualified persons acting as solicitors

F1C1C220 Unqualified person not to act as solicitor.

1

No unqualified person is to act as a solicitor.

2

Any person who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to imprisonment for not more than 2 years or to a fine, or to both.

C321 Unqualified person not to pretend to be a solicitor.

Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to F2a fine not exceeding the fourth level on the standard scale

22 Unqualified person not to prepare certain instruments.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 Unqualified person not to prepare papers for probate etc.

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24 Application of penal provisions to body corporate.

C41

If any act is done by a body corporate, or by any director, officer or servant of a body corporate, and is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor—

a

the body corporate shall be guilty of an offence and liable on summary conviction to F6a fine not exceeding the fourth level on the standard scale, and

b

in the case of an act done by a director, officer or servant of the body corporate, he also shall be guilty of an offence and liable on summary conviction to F7a fine not exceeding the fourth level on the standard scale.

C5C62

For the avoidance of doubt it is hereby declared that in F8section 20 the reference to an unqualified person and the reference to a person both include a reference to a body corporate.

C725 Costs where unqualified person acts as solicitor.

C8C91

No costs in respect of anything done by any unqualified person acting as a solicitor shall be recoverable by him, or by any other person, in any action, suit or matter.

2

Nothing in subsection (1) shall prevent the recovery of money paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force if that money would have been recoverable if he had held such a certificate when so acting.

26 Time limit for commencement of certain proceedings.

Notwithstanding anything in the F9M1Magistrates’ Courts Act 1980, proceedings in respect of any offence under section 21 F10. . . may be brought at any time before the expiration of two years from the commission of the offence or six months from its first discovery by the prosecutor, whichever period expires first.

27 Saving for persons authorised to conduct legal proceedings.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .