Part II U.K. Professional Practice, Conduct and Discipline of Solicitors and Clerks

Accounts etc. E+W

32 Accounts rules and trust accounts rules. E+W

(1) The Council shall make rules, with the concurrence of the Master of the Rolls—

(a) as to the opening and keeping by solicitors of accounts at banks [F1 or with building societies]for clients’ money; and

(b) as to the keeping by solicitors of accounts containing particulars and information as to money received or held or paid by them for or on account of their clients; and

(c) empowering the Council to take such action as may be necessary to enable them to ascertain whether or not the rules are being complied with;

and the rules may specify the location of the . . . F2 branches at which the accounts are to be kept.

(2) The Council shall also make rules, with the concurrence of the Master of the Rolls—

(a) as to the opening and keeping by solicitors of accounts at banks [F1 or with building societies]for money comprised in controlled trusts; and

(b) as to the keeping by solicitors of accounts containing particulars and information as to money received or held or paid by them for or on account of any such trust; and

(c) empowering the Council to take such action as may be necessary to enable them to ascertain whether or not the rules are being complied with;

and the rules may specify the location of the . . . F2 branches at which the accounts are to be kept.

(3) If any solicitor fails to comply with rules made under this section, any person may make a complaint in respect of that failure to the Tribunal.

(4) The Council shall be at liberty to disclose a report on or information about a solicitor’s accounts obtained in the exercise of powers conferred by rules made under subsection (1) or (2) to the Director of Public Prosecutions for use in investigating the possible commission of an offence by the solicitor and, if the Director thinks fit, for use in connection with any prosecution of the solicitor consequent on the investigation.

(5) Rules under this section may specify circumstances in which solicitors or any class of solicitors are exempt from the rules by virtue of their office or employment.

[F3 (6) For the purposes of this section and section 33 references to clients’ money and money of a kind mentioned in subsection (1)(b) of this section or (1)(a) of section 33 include references to money held by a solicitor as a stakeholder (whether or not paid by a client of his).]

Textual Amendments

F1 Words in s. 32(1)(2) inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 53(3)(a)(5), 120(1), Sch. 18 para. 11(2)

F2 Word repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18 para. 11(2), Sch. 19 Pt. I

F3 S. 32(6) inserted (1. 6. 1992) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 13; S.I. 1992/1221, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 32 extended (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 89(3)(a)(ii)(4); S.I. 1991/1883, art. 3, Sch.