Explanatory Notes

Legal Services Act 2007

2007 CHAPTER 29

30th October 2007

Commentary on Sections

Part 8: Miscellaneous and General Provisions about Lawyers

Section 193: Solicitors to public departments and the City of London

469.This section provides that nothing in the Act shall prejudice or affect the rights or privileges of the Treasury Solicitor and certain other office holders. It also provides that such clerks and officers are not required to be admitted or enrolled, or to hold a practising certificate under the Solicitors Act 1974 in order to conduct a reserved legal activity, if they would have been able to conduct that activity without a practising certificate by virtue of section 88 of the Solicitors Act 1974, had the provision in the Legal Services Act 2007 not been made. Section 193(4) preserves the rights and privileges enjoyed by the Solicitor of the City of London.

470.This section also imposes a duty on persons exercising rights of audience or the right to conduct litigation by virtue of this section to act with independence in the interests of justice. This duty overrides any obligations which such a person may have (otherwise than under the criminal law) if it is inconsistent with them.