Solicitors Act 1974

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Solicitors Act 1974. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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Commencement Orders yet to be applied to the Solicitors Act 1974:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1725 art. 2(1) commences (2002 c. 9)
S.I. 2005/910 art. 3(aa) art. 3(y) commences (2003 c. 39)
S.I. 2007/1897 art. 2 commences (2005 c. 9)
S.I. 2008/222 art. 2 3 commences (2007 c. 29)
S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/3250 art. 2(f)(ii) art. 2(i) commences (2007 c. 29)
S.I. 2010/2089 art. 1-8 commences (2007 c. 29)
S.I. 2011/2196 art. 2 commences (2007 c. 29)
S.I. 2011/2329 art. 3 commences (2011 c. 5)

[F113A Imposition of conditions while practising certificates are in force.E+W

(1)Subject to the provisions of this section, the Society may in the case of any solicitor direct that his practising certificate for the time being in force (his “current certificate”) shall have effect subject to such conditions as the Society may think fit.

[F2(2)The power conferred by subsection (1) is exercisable in relation to a solicitor at any time during the period for which the solicitor's current certificate is in force if—

(a)under section 13ZA the Society grants a sole solicitor endorsement, or

(b)it appears to the Society that the case is of a prescribed description.

(3)“Prescribed” means prescribed by regulations under section 28.]

(6)A solicitor in whose case a direction is given under this section may appeal to the [F3High Court against the decision of the Society.]

(7)On an appeal under subsection (6), the [F4High Court] may—

(a)affirm the decision of the Society; or

(b)direct that the appellant’s current certificate shall have effect subject to such conditions as the [F4High Court] thinks fit; or

by order revoke the direction; or

(d)make such other order as [F5it] thinks fit.

[F6(7A)The decision of the High Court on an appeal under subsection (6) shall be final.]

[F7(8)Subsections (4) and (5) of section 10 apply for the purposes of subsection (1) of this section as they apply for the purposes of that section.]

[F8(9)A solicitor who holds a practising certificate subject to a condition imposed under subsection (1) which prohibits that solicitor from taking any steps specified in the condition, except with the approval of the Society, may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition.

(10)On an appeal under subsection (9), the High Court may—

(a)affirm the decision of the Society,

(b)direct the Society to approve the taking of one or more steps for the purposes of the condition, or

(c)make such other order as the High Court thinks fit.

(11)The decision of the High Court on an appeal under subsection (9) shall be final.

(12)In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.]]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 13A added by Administration of Justice Act 1985 (c. 61, SIF 34), s. 5

F2S. 13A(2)(3) substituted (1.7.2009) for s. 13A(2)-(5) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 16(2) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(iii) (subject to art. 4)