Solicitors Act 1974

Unqualified persons acting as solicitors E+W

[F1 20 Unqualified person not to act as solicitor. E+W

(1) No unqualified person is to act as a solicitor.

(2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to imprisonment for not more than 2 years or to a fine, or to both.]

Textual Amendments

F1 S. 20 substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 25 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9)

Modifications etc. (not altering text)

C1 S. 20 modified (22.5.2000) by S.I. 2000/1119, regs. 1, 37(1), Sch. 3 Pt. 2 (which amendment was omitted (1.1.2010) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 2(6)(a))

C2 S. 20 excluded by Administration of Justice Act 1985 (c. 61), s. 9(3) (as substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 81(6) (with ss. 29, 192, 193)); S.I. 2009/503, art. 2(b)(ii) (subject to art. 5)

21 Unqualified person not to pretend to be a solicitor. E+W

Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to [F2 a fine not exceeding the fourth level on the standard scale]

Textual Amendments

F2 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and Administration of Justice Act 1985 (c. 61, SIF 34), ss. 8, 69(5), Sch. 1 para. 6, Sch. 9 para. 17

Modifications etc. (not altering text)

C3 S. 21 amended by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 278(2)(3)

22 Unqualified person not to prepare certain instruments. E+W

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 22 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 26(a), Sch. 23 (with ss. 29, 192, 193)

22A Powers of entry etc. of local weights and measures authorities. E+W

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 22A repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. para. 16(26)(a), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(ii)(dd) (with art. 9)

23 Unqualified person not to prepare papers for probate etc. E+W

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 23 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 26(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(ii)(dd) (with art. 9)

24 Application of penal provisions to body corporate. E+W

(1) If any act is done by a body corporate, or by any director, officer or servant of a body corporate, and is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor—

(a) the body corporate shall be guilty of an offence and liable on summary conviction to [F6 a fine not exceeding the fourth level on the standard scale, and]

(b) in the case of an act done by a director, officer or servant of the body corporate, he also shall be guilty of an offence and liable on summary conviction to [F7 a fine not exceeding the fourth level on the standard scale.]

(2) For the avoidance of doubt it is hereby declared that in [F8 section 20 the reference to an unqualified person and the reference to a person both include a reference to a body corporate.]

Textual Amendments

F6 S. 24(1)(a): words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and Administration of Justice Act 1985 (c. 61, SIF 34), ss. 8, 69(5), Sch. 1 para. 7(a), Sch. 9 para. 17

F7 S. 24(1)(b): words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and Administration of Justice Act 1985 (c. 61, SIF 34), ss. 8, 69(5), Sch. 1 para. 7(b), Sch. 9 para. 17

F8 Words in s. 24(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 27 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii) (with art. 9 and subject to art. 5)

Modifications etc. (not altering text)

C4 S. 24(1) excluded (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9(3); S.I. 1991/2683, art. 2 (which excluding provision was substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 81(6) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii) (subject to art. 4))

C5 S. 24(2) excluded by Administration of Justice Act 1985 (c. 61, SIF 34), s. 32(4)

C6 S. 24(2) excluded by (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9(3); S.I. 1991/2683, art. 2 (which excluding provision was substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 81(6) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii) (subject to art. 4))

25 Costs where unqualified person acts as solicitor. E+W

(1) No costs in respect of anything done by any unqualified person acting as a solicitor shall be recoverable by him, or by any other person, in any action, suit or matter.

(2) Nothing in subsection (1) shall prevent the recovery of money paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force if that money would have been recoverable if he had held such a certificate when so acting.

Modifications etc. (not altering text)

C7 S. 25 excluded by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 27(10), 28(6), 59(1)

C8 S. 25(1) modified (22.5.2000) by S.I. 2000/1119, reg. 37(2), Sch. 3 Pt. 3 (which amendment was omitted (1.1.2010) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 2(6)(b))

C9 S. 25(1) excluded by S.I. 1978/1910, art. 18(2), Sch. Pt. III (as amended by The European Communities (Services of Laywers) (Amendment) Order 2004 (S.I. 2004/1117), {art. 5(3})

26 Time limit for commencement of certain proceedings. E+W

Notwithstanding anything in the [F9 M1 Magistrates’ Courts Act 1980], proceedings in respect of any offence under section 21 F10 . . . may be brought at any time before the expiration of two years from the commission of the offence or six months from its first discovery by the prosecutor, whichever period expires first.

Textual Amendments

F9 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 132

F10 Words in s. 26 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 28, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)(i)(ii)(ee) (with art. 9 and subject to art. 5)

Marginal Citations

M1 1980 c. 43.

27 Saving for persons authorised to conduct legal proceedings. E+W

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 27 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 29, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)(i)(ii)(ff) (with art. 9)