The Solicitors' Incorporated Practices Order 1991

Citation and commencement

1.  This Order may be cited as the Solicitors' Incorporated Practices Order 1991 and shall come into force on 1st January 1992.

Scope

2.  –

(1) Article 4 of this Order shall apply to the enactments and instruments specified in Schedule 1 to this Order to the extent specified in that Schedule and subject to the provisions of the Administration of Justice Act 1985, Schedule 2, paragraphs 36 and 37.

(2) Article 4 of this Order shall apply to the enactments and instruments specified in Schedule 2 to this Order to the extent specified in that schedule and subject to the additions, omissions and other modifications set out in that Schedule.

Interpretation

3.  In this Order:–

“recognised body” means a body corporate recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985;

“member” means a person whose name is entered on the register of members of a recognised body;

“beneficial owner” means a person on whose behalf a member holds any share in a recognised body as his nominee;

“holding company” and

“subsidiary” have the meanings assigned to them by Section 786 of the Companies Act 1985(1) and “associated” in relation to two or more companies means two or more companies that are subsidiaries of the same holding company.

Modifications of existing legislation

4.  In any enactment or instrument to which this article applies:–

(a) any reference to a solicitor or solicitors shall be construed as including a reference to a recognised body;

(b) any reference to a firm of solicitors shall be construed as including a reference to a recognised body;

(c) any reference to a solicitor’s firm shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as a reference to that recognised body;

(d) any reference to a solicitor’s partner shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as a reference to that recognised body or to any other solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to a recognised body which is itself a member of or a beneficial owner of any share in that recognised body;

(e) any reference to a solicitor’s partner shall be construed, in relation to a recognised body which is itself a partner of that solicitor, as including a reference to any other solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to another recognised body which is itself a member of or a beneficial owner of any share in that recognised body;

(f) any reference to a partner in or of a firm of solicitors shall be construed, in relation to a recognised body, as a reference to a solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to another recognised body which is itself a member of or a beneficial owner of any share in that recognised body;

(g) any reference to the employee or clerk of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as including a reference to a director, employee or clerk of that recognised body or any other recognised body which is its holding, associated or subsidiary company;

(h) any reference to a solicitor’s employee or clerk shall be construed, in relation to a solicitor who is a director or employee of a recognised body, as including a reference to a director, employee or clerk of that recognised body or any other recognised body which is its holding, associated or subsidiary company;

(i) any reference to the agent or client of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as including a reference to an agent or client of that recognised body;

(j) any reference to a solicitor’s agent or client shall be construed, in relation to a solicitor who is a director or employee of a recognised body, as including a reference to an agent or client of that recognised body;

(k) any reference to a person’s solicitor shall be construed as including a reference to a recognised body which is acting for that person;

(l) any reference to a solicitor’s practice or to the business of a solicitor shall be construed as including a reference to the practice or business of a recognised body;

(m) any reference to a solicitor carrying on the business of a solicitor shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as including a reference to his participation in the business of that recognised body;

(n) any reference to the address, place of business, business address, office or offices of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as a reference to the address specified by the recognised body as its address in the matter in question, or, in the absence of a specified address, to its registered office and any reference to notices or other documents being sent or delivered to or served on a solicitor, solicitors or firm of solicitors shall be construed accordingly;

(o) “he”, “him” or “his” shall be construed in relation to a recognised body as meaning “it” or “its”.

Effects of Courts and Legal Services Act 1990

5.  Wherever in one of the enactments to which this Order applies, the word “solicitor” is replaced by virtue of Section 125 of the Courts and Legal Services Act 1990(2) by “authorised litigator” or “legal representative” that term shall be construed to include a recognised body.

Mackay of Clashfern, C.

Dated 28th November 1991