EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Administration of Justice Act 1985 (c.61) (“the 1985 Act”) in order to make provision as to the regulation of sole solicitors’ practices. It also amends the provisions of the Solicitors Act 1974 (c.47) (“the 1974 Act”) relating to sole solicitors, and the provisions of the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000 No.1119) (“the 2000 Regulations”). Article 3, which implements those changes, comes into force on 1st November 2015 (other than for the purpose of making rules) (article 1). For the purpose of making rules, article 3 comes into force on 6th April 2015, together with the other provisions in this Order.
Article 3(1) and Part 2 of Schedule 1 to the Order amend section 9 of the 1985 Act (incorporated practices) to provide for the Law Society to make rules prescribing the circumstances in which a sole solicitor’s practice may be recognised as being suitable to undertake the provision of solicitor services or other relevant legal services, and makes further related amendments to the 1985 Act.
Article 3(1) of, and Part 1 of Schedule 1 to, the Order amend section 31 of the 1974 Act (rules as to professional practice, conduct and discipline) to require rules under that section to provide that a solicitor may not practise as a sole solicitor unless there is in force in relation to the sole solicitor’s practice a recognition under section 9 of the 1985 Act. It also repeals the provisions of the 1974 Act relating to sole solicitor endorsements on solicitors’ practising certificates and makes minor and consequential amendments to that Act. In addition paragraph 20(14) to (16) brings the arrangements for intervention in recognised bodies in which the sole solicitor manager dies or become incapacitated into line with the arrangements which will apply in comparable circumstances to recognised sole solicitors’ practices.
Article 3(2) of, and Schedule 2 to, the Order make consequential amendments to the 2000 Regulations (which regulate the practice of registered European lawyers).
The Order makes transitional provision in relation to sole solicitor endorsements (and, for registered European lawyers, sole practitioner endorsements) which are in force immediately before 1st November 2015. It provides for the practices of solicitors and registered European lawyers whose practising certificates are subject to such endorsements to be recognised under section 9 of the 1985 Act from 1st November 2015. It also provides for the Law Society to direct that recognition has effect subject to one or more conditions. By virtue of the Order such a condition is to be treated as having been imposed under section 9(2F) of the 1985 Act and so takes effect in accordance with Rules made by the Society under section 9(2I) of that Act. It also makes provision in relation to applications for such endorsements which have not been determined by the Law Society immediately before 1st November 2015 (articles 4 and 5).
An impact assessment has been prepared for this instrument and can be found at www.legislation.gov.uk or obtained from the Head of Legal Services Policy, Law and Access to Justice Group, Ministry of Justice, 102 Petty France, London, SW1H 9AJ.