Solicitors Act 1974

Disciplinary proceedings—general E+W

54 Restrictions on powers to strike names off roll. E+W

(1) No solicitor shall be liable to have his name struck off the roll on account of any failure to comply with the requirements with respect to [F1 persons seeking admission as solicitors] of any training regulations or on account of any defect in his admission and enrolment, unless—

(a) the application to strike his name off the roll is made within twelve months of the date of his enrolment; or

(b) fraud is proved to have been committed in connection with the failure or defect.

(2) No solicitor shall be liable to have his name struck off the roll by reason only—

[F2 (a) that a solicitor who undertook a training responsibility for him under training regulations neglected or omitted to take out a practising certificate; or

(b) that the name of a solicitor who undertook such a responsibility for a period has been removed from or struck off the roll after the end of that period.]

Textual Amendments

F1 Words in s. 54(1) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 53(a) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)

F2 S. 54(2)(a)(b) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 53(b) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)

55 Applications to require solicitor to answer allegations. E+W

For the avoidance of doubt it is hereby declared that an application by any person to require a solicitor to answer allegations contained in an affidavit, whether that application is made to the Tribunal or to the High Court, may be treated as an application to strike the name of that solicitor off the roll on the grounds of the matters alleged.

Modifications etc. (not altering text)

C1 S. 55 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 9, 10 (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(9))

C2 S. 55 applied (with modifications) (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 25