Solicitors Act 1974

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s. 32(4) extended by SI 2000/1119 Sch. 4 para. 7(2) (as amended) by S.I. 2004/1628 reg. 7(1)

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

Commencement Orders

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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)

32 Accounts rules and trust accounts rules.E+W

(1)The [F1Society]F1 shall make rules , with the concurrence of the Master of the Rolls—

[F2(a)as to the opening and keeping by solicitors of accounts at banks or with building societies for money within subsection (1A);

(aa)as to the operation by solicitors of accounts kept by their clients or other persons at banks or with building societies or other financial institutions;

(b)as to the keeping by solicitors of accounts containing information as to money received, held or paid by them for or on account of their clients or other persons (including money received, held or paid under a trust); and]

F2(c)empowering the [F3Society]F3 to take such action as may be necessary to enable [F4it]F4 to ascertain whether or not the rules are being [F5, or have been,]F5 complied with;

F6...

[F7(1A)The money referred to in subsection (1) is money (including money held on trust) which is received, held or dealt with for clients or other persons.]

F7(2)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If any solicitor fails to comply with rules made under this section, any person may make a complaint in respect of that failure to the Tribunal.

(4)The [F9Society]F9 shall be at liberty to disclose a report on or information about a solicitor’s accounts obtained in the exercise of powers conferred by rules made under subsection (1) F10...F11. . . for use in investigating the possible commission of an offence by the solicitor [F12or any of his employees]F12 and F11. . . for use in connection with any prosecution of the solicitor [F12or any of his employees]F12 consequent on the investigation.

(5)Rules under this section may specify circumstances in which solicitors or any class of solicitors are exempt from the rules [F13or a part of the rules.]

(6)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1Word in s. 32(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)