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Solicitors Act 1974

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This is the original version (as it was originally enacted).

The Society

76Non-practising solicitors eligible for membership of Society

(1)Notwithstanding anything in the Charter, the Council may appoint and elect to be a member of the Society any person whose name is for the time being on the roll, whether or not he has held a practising certificate.

(2)Where a person is appointed and elected under subsection (1), he shall, on payment of the annual subscription payable by him under section 77,—

(a)become a member of the Society;

(b)be subject to any byelaw or regulation for the time being affecting members of the Society ; and

(c)while he remains a member of the Society, be eligible for election as a member of the Council.

77Annual subscription to Society

(1)The amount of the annual subscription payable by members of the Society shall be fixed from time to time by the Council.

(2)In fixing the amount of the annual subscription, the Council shall be at liberty—

(a)to divide members into classes ;

(b)to provide that different amounts shall be paid by different classes and shall extend over different periods ; and

(c)generally to regulate, and from time to time vary, as they think fit, the amounts payable by members or by different classes of members.

78Cessation and suspension of membership of Society

(1)If the name of a solicitor who is a member of the Society is removed from or struck off the roll that solicitor shall thereupon cease to be a member of the Society.

(2)A member of the Society who is suspended from practising as a solicitor shall not be entitled during the period of his suspension to any of the rights or privileges of membership of the Society.

(3)Subject to subsection (4), the Council may suspend any member of the Society—

(a)from using the hall and library and any of the rooms belonging to the Society ; and

(b)from exercising all other rights and privileges of a member,

during such period as they may think fit for any cause which, in their opinion, renders such suspension necessary or expedient but is not of a nature to justify the making of a complaint to the Tribunal by or on behalf of the Society.

(4)A member shall not be suspended under subsection (3) unless—

(a)at least sixteen members of the Council are present at the meeting at which it is resolved to suspend him; and

(b)a least twelve of those members consent to his suspension.

(5)Any member of the Society who has been suspended under subsection (3) may, on giving the notice required by any byelaw or regulation of the Society, appeal against the suspension to the next available general meeting of members of the Society, and that meeting may confirm, rescind or vary the period of the suspension in any manner they think fit.

79Committees of the Council

(1)The Council may appoint a committee for any such general or special purpose as in the opinion of the Council may be better regulated, or managed by means of a committee, and may delegate to any committee so appointed, with or without restrictions or conditions, as they think fit, the exercise of any functions exercisable by the Council.

(2)The number and term of office of the members of a committee appointed under this section, and the number of those members necessary to form a quorum, shall be fixed by the Council.

(3)A committee appointed under this section may include persons who are not members of the Council; but at least half the members of any such committee (including the chairman) shall be members of the Council.

(4)If more than one-third of the members of any committee appointed under this section are not members of the Council, no resolution of that committee shall be duly passed unless the majority of the members of the Council present vote in favour of it.

80Powers to act on behalf of Society

(1)Anything authorised or required to be done by the Society under or in pursuance of this Act or of any instrument made under it may be done on behalf of the Society by the Council; and the power to delegate functions to committees conferred on the Council by section 79 shall include power to delegate functions exercisable by the Council by virtue of this subsection.

(2)Any document issued by the Society or the Council for any purpose whatsoever may be signed on behalf of the Society or the Council, as the case may be, by the Secretary of the Society or by such other officer of the Society, or by the person holding such office in the Society, as may from time to time be prescribed either generally or specially by resolution of the Council.

(3)In any proceedings a document purporting to be certified by the Secretary of the Society as a copy of a resolution passed by the Council or a committee of the Council on a specified date shall be evidence that that resolution was duly passed by the Council or the committee on that date.

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