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 [F1 Society] shall make rules , with the concurrence of the Master of the Rolls—

[F2 (a) as to the opening and keeping by solicitors of accounts at banks or with building societies for money within subsection (1A);

(aa) as to the operation by solicitors of accounts kept by their clients or other persons at banks or with building societies or other financial institutions;

(b) as to the keeping by solicitors of accounts containing information as to money received, held or paid by them for or on account of their clients or other persons (including money received, held or paid under a trust); and]

(c) empowering the [F3 Society] to take such action as may be necessary to enable [F4 it] to ascertain whether or not the rules are being [F5 , or have been,] complied with;

F6 . . .

[F7 (1A) The money referred to in subsection (1) is money (including money held on trust) which is received, held or dealt with for clients or other persons.]

(2) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F9 Society] 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) F10 . . . F11 . . . for use in investigating the possible commission of an offence by the solicitor [F12 or any of his employees] and F11 . . . for use in connection with any prosecution of the solicitor [F12 or any of his employees] 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 [F13 or a part of the rules.]

(6) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 32(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F2 S. 32(1)(a)(aa)(b) substituted (31.3.2009) for s. 32(1)(a)(b) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F3 Word in s. 32(1)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(d)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F4 Word in s. 32(1)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(d)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F5 Words in s. 32(1)(c) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(d)(iii) (ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F6 Words in s. 32(1) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(2)(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)(aa)

F7 S. 32(1A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), (c. 29), ss. 177, 211, {Sch. 16 para. 32(3)} (ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F8 S. 32(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(4), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)

F9 Word in s. 32(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(5)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F10 Words in s. 32(4) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(5)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)(aa)

F11 Words in s. 32(4) repealed (27.9.1999) by 1999 c. 22, ss. 48, 106, Sch. 7 para. 2(a), Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(a)(d)(ii)(a), Sch. 2 Pt. I

F12 Words in s. 32(4) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(5)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F13 Words in s. 32(5) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(6) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F14 S. 32(6) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(7), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

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.

C2 S. 32 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 1(3) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(4))

C3 S. 32(3)(4) extended (with modifications) (1.7.2009) by S.I. 2000/1119, Sch. 4 para. 7(2) Table (as amended by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(c))

C4 S. 32(3) extended by S.I. 2000/1119, reg. 37(2), Sch. 4 para. 7(2) (as amended (16.9.2004) by The European Communities (Lawyer's Practice) (Amendment) Regulations 2004 (S.I. 2004/1628), reg. 7(1))

C5 S. 32(4) extended (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), art. 3(2)(f), Sch.