38 Solicitor who is justice of the peace not to act in certain proceedings. E+W
(1)Subject to the provisions of this section, it shall not be lawful for any solicitor who is one of the justices of the peace for any area, or for any partner of his, to act in connection with proceedings before any of those justices as solicitor or agent for the solicitor of any person concerned in those proceedings.
(2)Where the area for which a solicitor is a justice of the peace [F1consists of two or more petty sessions areas], his being a justice for the area shall not subject him or any partner of his to any disqualification under this section in relation to proceedings before justices acting for a [F2petty sessions area] for which he does not ordinarily act.
(3)Where a solicitor is a justice of the peace for any area, that shall not subject him or any partner of his to any disqualification under this section if his name is entered in the supplemental list kept under [F3section 7 of the M1Justices of the Peace Act 1997]
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 38(2) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 32(a) (with Sch. 14 para. 7(2))
F2Words in s. 38(2) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 32(b) (with Sch. 14 para. 7(2))
F3In s. 38(3) words substituted (19.6.1997) by 1997 c. 25, s. 73(2), Sch. 5 para. 16(a) (with Sch. 4 para. 27)
F4S. 38(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))
Modifications etc. (not altering text)
C1S. 38 modified (1.1.1992) by Administration of Justice Act 1985 (c.61,SIF 34), s. 9, Sch.2 para.7; S.I. 1991/2683, art. 2
Marginal Citations