The Solicitors Act 1974 and Administration of Justice Act 1985 (Amendment) Order 2022

Statutory Instruments

2022 No. 701

Legal Services, England And Wales

The Solicitors Act 1974 and Administration of Justice Act 1985 (Amendment) Order 2022

Made

23rd June 2022

Laid before Parliament

29th June 2022

Coming into force

20th July 2022

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 44D(10) of the Solicitors Act 1974(1) and paragraph 14B(10) of Schedule 2 to the Administration of Justice Act 1985(2).

In accordance with section 44D(11) of the Solicitors Act 1974 and paragraph 14B(11) of Schedule 2 to the Administration of Justice Act 1985, the Lord Chancellor has consulted the Society(3).

Citation, commencement and extent

1.—(1) This Order may be cited as the Solicitors Act 1974 and Administration of Justice Act 1985 (Amendment) Order 2022 and comes into force on 20th July 2022.

(2) This Order extends to England and Wales.

Amendment to the Solicitors Act 1974

2.  In section 44D(2)(b) of the Solicitors Act 1974 (disciplinary powers of the Society), for “£2,000” substitute “£25,000”.

Amendment to the Administration of Justice Act 1985

3.  In paragraph 14B(2)(b) of Schedule 2 to the Administration of Justice Act 1985 (disciplinary powers of the Society), for “£2,000” substitute “£25,000”.

Dominic Raab

Lord Chancellor

Ministry of Justice

23rd June 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends section 44D of the Solicitors Act 1974 (c. 47) (“the 1974 Act”) and paragraph 14B of Schedule 2 to the Administration of Justice Act 1985 (c. 61) (“the 1985 Act”) to increase the maximum penalty that the Law Society may direct a person to pay from £2,000 to £25,000. Under section 44D of the 1974 Act, the Law Society may impose a penalty on a solicitor or an employee of a solicitor where that person has failed to comply with requirements or rules, or there has been professional misconduct by a solicitor. Under paragraph 14B of Schedule 2 to the 1985 Act, the Law Society may impose a penalty on a recognised body, or a manager or employee of a recognised body, or on a sole solicitor, or any employee in a recognised sole solicitor’s practice, where they have failed to comply with requirements or rules applicable to them.

An impact assessment has not been produced for this instrument as no impact or no significant impact on the private, voluntary or public sectors is foreseen.

(1)

1974 c. 47, section 44D was inserted by paragraph 46 of Part 1 of Schedule 16 to the Legal Services Act 2007 (c. 29).

(2)

1985 c. 61, paragraph 14B was inserted by paragraph 103 of Part 2 of Schedule 16 to the Legal Services Act 2007 (c. 29).

(3)

“the Society” has the meaning given by section 87(1) of the Solicitors Act 1974 (c. 47).