Solicitors Act 1974 (c. 47)

Part I U.K. Right to Practise as Solicitor

Qualifications and training E+W

1 Qualifications for practising as solicitor. E+W

No person shall be qualified to act as a solicitor unless—

(a) he has been admitted as a solicitor, and

(b) his name is on the roll, and

(c) he has in force a certificate issued by the Society in accordance with the provisions of this Part authorising him to practise as a solicitor (in this Act referred to as a “practising certificate”).

[F1 1A Practising certificates: employed solicitors. E+W

A person who has been admitted as a solicitor and whose name is on the roll shall, if he would not otherwise be taken to be acting as a solicitor, be taken for the purposes of this Act to be so acting if he is employed in connection with the provision of any legal services—

(a) by any person who is qualified to act as a solicitor;

(b) by any partnership at least one member of which is so qualified; F2 . . .

(c) by a body recognised F3 . . . under section 9 of the Administration of Justice Act 1985 (incorporated practices).][F4 or

(d) by any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which is a reserved legal activity (within the meaning of that Act).]

Textual Amendments

F1 S. 1A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 85

F2 Word in s. 1A(b) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 2(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(ii)(aa) (with art. 9)

F3 Word in s. 1A(c) repealed (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 2(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)

F4 S. 1A(d) and preceding word inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 2(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

Modifications etc. (not altering text)

C1 S. 1A(d) modified (temp.) (prosp.) by Legal Services Act 2007 (c. 29), ss. 209, 211, Sch. 22 para. 12 (with ss. 29, 192, 193)

F6 [F5 1B] Restriction on practice as sole solicitor E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 1B inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 3 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(i)

F6 S. 1B omitted (1.11.2015) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 2

Modifications etc. (not altering text)

C2 S. 1B extended (with modifications) (1.7.2009) by S.I. 2000/1119, Sch. 4 para. 7(1) Table (as substituted by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(a))

2 Training regulations. E+W

(1) The Society F7 . . . may make regulations (in this Act referred to as “training regulations”) about education and training for persons seeking to be admitted or to practise as solicitors.

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Training regulations—

(a) may prescribe—

(i) the education and training F9 . . . to be undergone by persons seeking admission as solicitors;

(ii) any education or training to be undergone by persons who have been admitted as solicitors;

(iii) the examinations or other tests to be undergone by persons seeking admission as solicitors or who have been admitted;

(iv) the qualifications and reciprocal duties and responsibilities of persons undertaking to give education or training for the purposes of the regulations or undergoing such education or training; and

(v) the circumstances in which F10 . . . education or training under the regulations may be [F11 started or] terminated;

(b) may require persons who have been admitted as solicitors to hold practising certificates while they are undergoing education or training under the regulations;

(c) may include provision for the charging of fees by the Society and the application of fees which the Society receives;

(d) may make different provision for different classes of persons and different circumstances.

(4) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in s. 2(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 4(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)(i)

F8 S. 2(2) repealed (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/608, art. 2, Sch.

F9 Words in s. 2(3)(a)(i) repealed (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 4(b)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)(n)(i)

F10 Words in s. 2(3)(a)(v) repealed (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 4(b)(ii), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)(n)(i)

F11 Words in s. 2(3)(a)(v) inserted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 4(b)(iii) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)

F12 S. 2(4) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 4(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)(i)

F13 S. 2(5) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 4(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)(i)

Modifications etc. (not altering text)

C3 S. 2 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 1(1)