Solicitors Act 1974

46 Solicitors Disciplinary Tribunal. E+W

(1) Applications and complaints made by virtue of any provision of this Act shall be made, except so far as other provision is made by this Act or by any regulations under it, to the tribunal known as the “Solicitors Disciplinary Tribunal”.

(2) The Master of the Rolls shall appoint the members of the Tribunal.

(3) The Tribunal shall consist—

(a) of practising solicitors of not less than ten years’ standing (in this section referred to as “solicitor members”); and

(b) of persons who are neither solicitors nor barristers (in this section referred to as “lay members”).

(4) A member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re–appointment.

(5) There shall be paid to the lay members out of money provided by Parliament such fees and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

(6) Subject to subsections (7) and (8), the Tribunal shall be deemed to be properly constituted if—

(a) at least three members are present; and

(b) at least one lay member is present; and

(c) the number of solicitor members present exceeds the number of lay members present.

(7) For the purpose of hearing and determining applications and complaints the Tribunal shall consist of not more than three members.

(8) A decision of the Tribunal on an application or complaint may be announced by a single member.

(9) Subject to subsections (6) to (8), the Tribunal, with the concurrence of the Master of the Rolls, may make rules—

(a) empowering the Tribunal to elect a solicitor member to be its president; and

(b) about the procedure and practice to be followed in relation to the making, hearing and determination of applications and complaints.

(10) Without prejudice to the generality of subsection (9)(b), rules made by virtue of that paragraph may in particular—

(a) empower the president of the Tribunal to appoint a chairman for the hearing and determination of any application or complaint;

(b) provide that, if the president does not appoint a chairman, a solicitor member shall act as chairman; and

(c) provide, in relation to any application or complaint relating to a solicitor, that, where in the opinion of the Tribunal no prima facie case in favour of the applicant or complainant is shown in the application or complaint, the Tribunal may make an order refusing the application or dismissing the complaint without requiring the solicitor to whom it relates to answer the allegations and without hearing the applicant or complainant.

(11) For the purposes of any application or complaint made to the Tribunal under this Act, the Tribunal may administer oaths, and the applicant or complainant and any person with respect to whom the application or complaint is made (or, in the case of an application under section 47(1)(b), any of the parties to the application) may issue writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(12) The power to make rules conferred by subsection (9) shall be exercisable by statutory instrument, and the M1 Statutory Instruments Act 1946 shall apply to a statutory instrument containing such rules in like manner as if the rules had been made by a Minister of the Crown.

Modifications etc. (not altering text)

C1 S. 46 applied (with modifications) (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 89, Sch. 14 Pt. II para. 15(1); S.I. 1991/1883, art. 3,Sch.

C2 S. 46(7)-(10) extended by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 43(2), 69(5), Sch. 9 para. 9 and (1.1.1992) by s. 9, Sch. 2 para. 17(a) of that Act; S.I. 1991/2683, art. 2

C3 S. 46(10)(c) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 17(c); S.I. 1991/2683, art. 2

S. 46(10)(c) extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 10 (as amended by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(10))

C4 S. 46(11) extended by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 43(2), 69(5), Sch. 9 para. 9 and (1.1.1992) by s. 9, Sch. 2 para. 17(a) of that Act; S.I. 1991/2683, art. 2

C5 S. 46(12) applied (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 89, Sch. 14 Pt.II para. 16(3); S.I. 1991/1883, art. 3,Sch.

Marginal Citations

M1 1946 c. 36.