Part I U.K. Right to Practise as Solicitor

Unqualified persons acting as solicitors E+W

[F1 23 Unqualified person not to prepare papers for probate etc. E+W

(1) Subject to subsections (2) and (3), any unqualified person who, directly or indirectly, draws or prepares any papers on which to found or oppose—

(a) a grant of probate, or

(b) a grant of letters of administration,

shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and liable on summary conviction to a fine not exceeding the first level on the standard scale.

(2) Subsection (1) does not apply to a barrister or duly certificated notary public.

(3) Subsection (1) also does not apply to any act done by a person at the direction and under the supervision of another person if—

(a) that other person was at the time his employer, a partner of his employer or a fellow employee; and

(b) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this section.]

Textual Amendments

F1 S. 23 substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 7

Modifications etc. (not altering text)

C1 S. 23 restricted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 69(5), Sch. 9 para. 6

C2 S. 23(1) excluded (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9(3)(4); S.I. 1991/2683, art. 2