- Latest available (Revised)
- Original (As enacted)
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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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.
[F2(1)Where a person who is or was involved in a legal practice but is not a solicitor—
(a)has been convicted of a criminal offence which is such that in the opinion of the Society it would be undesirable for the person to be involved in a legal practice in one or more of the ways mentioned in subsection (1A), or
(b)has, in the opinion of the Society, occasioned or been a party to, with or without the connivance of a solicitor, an act or default in relation to a legal practice which involved conduct on his part of such a nature that in the opinion of the Society it would be undesirable for him to be involved in a legal practice in one or more of the ways mentioned in subsection (1A),
the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to that person.
(1A)A person is involved in a legal practice for the purposes of this section if the person—
(a)is employed or remunerated by a solicitor in connection with the solicitor's practice;
(b)is undertaking work in the name of, or under the direction or supervision of, a solicitor;
(c)is employed or remunerated by a recognised body;
(d)is employed or remunerated by a manager or employee of a recognised body in connection with that body's business;
(e)is a manager of a recognised body;
(f)has or intends to acquire an interest in such a body.
(2)An order made by the Society or the Tribunal under this subsection is an order which states one or more of the following—
(a)that as from the specified date—
(i)no solicitor shall employ or remunerate, in connection with his practice as a solicitor, the person with respect to whom the order is made,
(ii)no employee of a solicitor shall employ or remunerate, in connection with the solicitor's practice, the person with respect to whom the order is made,
(iii)no recognised body shall employ or remunerate that person, and
(iv)no manager or employee of a recognised body shall employ or remunerate that person in connection with the business of that body,
except in accordance with a Society permission;
(b)that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to be a manager of the body;
(c)that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to have an interest in the body.
(2A)The Society may make regulations prescribing charges to be paid to the Society by persons who are the subject of an investigation by the Society as to whether there are grounds for the Society—
(a)to make an order under subsection (2), or
(b)to make an application to the Tribunal for it to make such an order.
(2B)Regulations under subsection (2A) may—
(a)make different provision for different cases or purposes;
(b)provide for the whole or part of a charge payable under the regulations to be repaid in such circumstances as may be prescribed by the regulations.
(2C)Any charge which a person is required to pay under regulations under subsection (2A) is recoverable by the Society as a debt due to the Society from the person.]
[F3(3)Where an order has been made under subsection (2) with respect to a person by the Society or the Tribunal—
(a)that person or the Society may make an application to the Tribunal for it to be reviewed, and
(b)whichever of the Society and the Tribunal made it may at any time revoke it.
(3A)On the review of an order under subsection (3) the Tribunal may order—
(a)the quashing of the order;
(b)the variation of the order; or
(c)the confirmation of the order;
and where in the opinion of the Tribunal no prima facie case for quashing or varying the order is shown, the Tribunal may order its confirmation without hearing the applicant.]
(4)The Tribunal, on the hearing of any application under this section, may make an order as to the payment of costs by any party to the application.
(5)Orders made under [F4subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society,] may be inspected F5. . . during office hours without payment F6. . . .
[F7(5A)In this section—
“manager”, in relation to a recognised body, has the same meaning as it has in relation to a body in the Legal Services Act 2007 (see section 207 of that Act);
“recognised body” means a body recognised under section 9 of the Administration of Justice Act 1985;
“specified date” means such date as may be specified in the order;
“Society permission” means permission in writing granted by the Society for such period and subject to such conditions as the Society may think fit to specify in the permission.
(5B)A person has an interest in a recognised body for the purposes of this section if the person has an interest in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).]
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)For the purposes of this section an order [F9discharging a person absolutely or conditionally in respect of an offence shall, notwithstanding anything in section 14 of the Powers of Criminal Courts (Sentencing) Act 2000,] be deemed to be a conviction of the offence for which the order was made.
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.
Modifications etc. (not altering text)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: