Solicitors Act 1974

[F1 13ZA Application to practise as sole practitioner while practising certificate in force E+W

(1) A solicitor whose practising certificate for the time being in force (his “current certificate”) does not have a sole solicitor endorsement, may apply to the Society for such an endorsement.

(2) For the purposes of subsection (1) a practising certificate with a sole solicitor endorsement which is suspended is to be treated as having such an endorsement.

(3) A solicitor may not apply under subsection (1) if he is suspended from practice as a sole solicitor.

(4) An application must be—

(a) made in accordance with regulations under section 28, and

(b) accompanied by any fee payable under section 13ZB in respect of the endorsement applied for.

(5) Where a sole solicitor endorsement is granted to an applicant of a prescribed description, the applicant's practising certificate shall have effect subject to any conditions prescribed in relation to applicants of that description.

“Prescribed” means prescribed by regulations under section 28(3B)(f).

(6) A person who makes an application under this section may appeal to the High Court against—

(a) a decision to refuse the application, or

(b) a decision to impose a condition on a practising certificate in accordance with subsection (5).

(7) The Society may by rules make provision, as respects any application under this section that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this section in relation to the application as if it had been refused by the Society.

(8) On an appeal under this section the High Court may—

(a) affirm the decision of the Society,

(b) direct the Society to grant a sole solicitor endorsement,

(c) direct that the applicant's practising certificate is to have effect subject to such conditions (if any) as the High Court thinks fit, or

(d) make such other order as the High Court thinks fit.

(9) In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.

(10) The decision of the High Court on an appeal under this section shall be final.]

Textual Amendments

F1 Ss. 13ZA, 13ZB inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 16 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)

Modifications etc. (not altering text)

C1 S. 13ZA 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))