No person shall be qualified to act as a solicitor unless—
(a)he has been admitted as a solicitor, and
(b)his name is on the roll, and
(c)he has in force a certificate issued by the Society in accordance with the provisions of this Part authorising him to practise as a solicitor (in this Act referred to as a " practising certificate ").
(1)The Society, with the concurrence of the Lord Chancellor, the Lord Chief Justice and the Master of .the Rolls, may make regulations (in this Act referred to as " training regulations ") about education and training for persons seeking to be admitted or to practise as solicitors.
(2)It shall be the Society's duty, before submitting training regulations to the Lord Chancellor, the Lord Chief Justice and the Master of the Rolls for their concurrence under subsection (1), to consult the Secretary of State or, if he so directs, any person or body of persons specified in the direction.
(3)Training regulations—
(a)may prescribe—
(i)the education and training, whether by service under articles or otherwise, to be undergone by persons seeking admission as solicitors ;
(ii)any education or training to be undergone by persons who have been admitted as solicitors;
(iii)the examinations or other tests to be undergone by persons seeking admission as solicitors or who have been admitted ;
(iv)the qualifications and reciprocal duties and responsibilities of persons undertaking to give education or training for the purposes of the regulations or undergoing such education or training; and
(v)the circumstances in which articles may be discharged or education or training under the regulations may be terminated;
(b)may require persons who have been admitted as solicitors to hold practising certificates while they are undergoing education or training under the regulations ;
(c)may include provision for the charging of fees by the Society and the application of fees which the Society receives;
(d)may make different provision for different classes of persons and different circumstances.
(1)Subject to section 4 and to section 20(3) of the [1949 c. 101.] Justices of the Peace Act 1949 (which relates to the admission as solicitors of certain persons who have served as assistant to a justices' clerk), no person shall be admitted as a solicitor unless he has obtained a certificate from the Society that the Society—
(a)is satisfied that he has complied with training regulations, and
(b)is satisfied as to his character and his suitability to be a solicitor.
(2)Any person who has obtained a certificate that the Society is satisfied as mentioned in subsection (1) may apply to the Master of the Rolls to be admitted as a solicitor; and if any such person so applies, the Master of the Rolls, or a judge appointed under subsection (3) to act on his behalf for the time being, shall, unless cause to the contrary is shown to his satisfaction, in writing, and in such manner and form as the Master of the Rolls may from time to time think fit, admit that person to be a solicitor.
(3)The Master of the Rolls may in writing appoint any judge of the High Court to act on his behalf for the purpose of admitting persons to be solicitors under subsection (2).
(1)Subject to section 5(1), a solicitor of a superior court in any territory to which this subsection for the time being applies who has been in practice before that court for not less than three years may, and a solicitor of such a court who has for not less than three years served bona fide as a clerk to a solicitor in England and Wales may with the consent of the Council of the Society, be admitted as a solicitor of the Supreme Court—
(a)after giving due notice and the prescribed proof of his qualifications and good character; and
(b)after passing the prescribed examination or, in the prescribed cases, without examination ; and
(c)after service under articles during the prescribed period or, in the prescribed cases, without such service; and
(d)on payment of the prescribed amount in respect of fees.
(2)Where, as respects a superior court in any territory (including a part of a territory) which is part of the Commonwealth outside the United Kingdom, Her Majesty in Council is satisfied—
(a)that the regulations respecting the admission of solicitors of that court are such as to secure that those solicitors possess proper qualifications and competency; and
(b)that by the law of that territory solicitors of the Supreme Court will be admitted as solicitors of the superior court in that territory on terms as favourable as those on which it is proposed to admit solicitors of that superior court in pursuance of subsection (1) as solicitors of the Supreme Court,
Her Majesty may by Order in Council apply subsection (1) to that superior court and that territory subject to any exceptions, conditions and modifications specified in the Order, and by the same or any subsequent Order in Council may, as respects that court and territory, provide for all matters authorised by this section to be prescribed and for all matters appearing to Her Majesty to be necessary or proper for giving effect to the Order and to this section.
(3)Her Majesty may by Order in Council revoke or vary any Order previously made under this section.
(4)An Order in Council applying subsection (1) to any court and providing for the admission of solicitors of that court as solicitors of the Supreme Court, and an Order in Council applying the [1900 c. 14.] Colonial Solicitors Act 1900 to the same court and providing for the admission of solicitors of that court as solicitors in Scotland, may, if convenient, be made together as one Order.
(5)In this section, "superior court" and " solicitor " mean respectively, as respects any territory, such court in that territory and such solicitor, attorney, law agent or other person entitled to practise as agent in a court of law in that territory as may be prescribed.
(1)A person admitted under the Colonial Solicitors Act 1900, whether before or after the commencement of this Act, as a solicitor in Scotland or in Northern Ireland shall not, while remaining such a solicitor, be admitted under section 4(1) as a solicitor of the Supreme Court.
(2)For the purposes of subsection (1) a person who before 1st October 1921 was admitted under the said Act of 1900 as a solicitor in Ireland shall be deemed to have been admitted under that Act as a solicitor in Northern Ireland.
(3)For the purposes of section 6(2) of the said Act of 1900 (which makes for Scotland and Northern Ireland provision corresponding to subsection (1)) a person admitted as a solicitor of the Supreme Court under section 4(1) shall be deemed to have been admitted as a solicitor in England and Wales under that Act.
(1)The Society shall continue to keep a list of all solicitors of the Supreme Court, called " the roll".
(2)The roll may be kept by means of a computer.
(3)If the roll is kept by means of a computer, the Society shall make any entry available for inspection in legible form during office hours, without payment, by any person who applies to inspect it.
(4)If the roll is not kept by means of a computer, any person may inspect it during office hours without payment.
On production—
(a)of an admission of any person as a solicitor signed by the Master of the Rolls or a judge acting for him under section 3(2), or
(b)of an order for the restoration to the roll of the name of a person whose name has been struck off it,
and on payment to the Society of such fee not exceeding £15 as the Council may from time to time determine, the Society shall enter the name of that person on the roll.
(1)The Society, on the application of a solicitor, may remove his name from the roll.
(2)The Society, on the application of a former solicitor whose name is not on the roll because it has been removed from it, may enter his name on the roll, on payment to the Society of such fee not exceeding £15 as the Council may from time to time determine.
(3)The power to enter a name on the roll conferred on the Society by subsection (2) includes power to enter the name of a person whose name was removed from the roll before the coming into force of section 5 of the [1974 c. 26.] Solicitors (Amendment) Act 1974.
(1)On receipt of an application for a practising certificate, the Society shall cause to be entered in a register kept for that purpose the applicant's full name, his place or places of business and the date of his admission.
(2)The register may be kept by means of a computer.
(3)If the register is kept by means of a computer, the Society shall make any entry available for inspection in legible form during office hours, without payment, by any person who applies to inspect it.
(4)If the register is not kept by means of a computer, any person may inspect it during office hours without payment
(5)If in, or in relation to, an application for a practising certificate or a notice under section 84(1) any person makes any false statement material to the application or notice, a complaint in respect of that statement may be made to the Tribunal by or on behalf of the Society.
(1)Subject to sections 11 and 12, the Society shall issue a practising certificate to a person who applies for one, if it is satisfied, within 21 days of receipt of his application,—
(a)that his name is on the roll; and
(b)that he is not suspended from practice; and
(c)that his application complies with any regulations under section 28; and
(d)that he is complying with such training regulations (if any) as apply to him ; and
(e)that he is complying with any indemnity rules or is exempt from them.
(2)At any time when regulations under section 28 specify a training condition or training conditions, any practising certificate issued to an applicant by the Society shall be issued subject to that condition or one of those conditions if it appears to the Society that training regulations will apply to him at the end of 21 days from the Society's receipt of his application.
(3)At any time when regulations under section 28 specify an indemnity condition or indemnity conditions, any practising certificate issued to an applicant by the Society shall be issued subject to that condition or one of those conditions if it appears to the Society that he will be exempt from indemnity rules at the end of 21 days from the Society's receipt of his application.
(1)Subject to subsection (2), there shall be paid to the Society in respect of each practising certificate to be issued by it, before the certificate is issued, such fee as the Master of the Rolls, with the concurrence of the Lord Chancellor and the Lord Chief Justice, may from time to time by order determine.
(2)An order under subsection (1) may specify reduced fees for practising certificates which are issued to a solicitor subject to a training condition or training conditions during such period after his admission as may be specified in the order.
(3)All fees received by the Society under subsection (1) shall be applied in such manner as the Society may think fit for the purposes of the Society, including facilitating the acquisition of legal knowledge.
(4)The Society shall submit annually to the judges mentioned in subsection (1) an account of all such fees and of then-application and shall cause a copy of the account to be deposited at the Society's hall for inspection by any solicitor.
(1)Subject to subsections (2) and (3), this section shall have effect in any case where a solicitor applies for a practising certificate—
(a)for the first time; or
(b)not having held a practising certificate free of conditions since the date of his admission ; or
(c)when on the first day of the period to which the practising certificate would, if granted, relate, a period of twelve months or more will have elapsed since he held a practising certificate in force ; or
(d)after the Tribunal has ordered a penalty or costs to be paid by him or that he be reprimanded; or
(e)after he has been invited by the Society to give an explanation in respect of any matter affecting his conduct and has failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory, and has been notified in writing by the Society that he has so failed; or
(f)when, having been suspended from practice, the period of his suspension has expired ; or
(g)when, having had his name removed from or struck off the roll, his name has been restored to the roll; or
(h)while he is an undischarged bankrupt or while a receiving order in bankruptcy is in force against him; or
(i)after having been adjudged bankrupt and having obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or
(j)while he is a patient as denned by section 101 of the [1959 c. 72.] Mental Health Act 1959 (which relates to the judge's functions in relation to the patient), or while he is a person as to whom powers have been exercised under section 104 of that Act (which relates to the judge's powers in cases of emergency); or
(k)after having been committed to prison in civil or criminal proceedings; or
(l)after having had given against him any judgment which involves the payment of money, not being a judgment—
(i)limited to the payment of costs ; or
(ii)as to the whole effect of which upon him he is entitled to indemnity or relief from some other person; or
(iii)evidence of the satisfaction of which has been produced to the Society.
(2)Where a practising certificate free of conditions is issued by the Society under subsection (4) to a solicitor in relation to whom this section has effect by reason of any such circumstances as are mentioned in paragraph (d), (e), (f), (g), (i), (k) or (l) of subsection (1), this section shall not thereafter have effect in relation to that solicitor by reason of those circumstances.
(3)Where a solicitor's practising certificate is suspended by virtue of section 15(1) by reason of his suspension from practice and the suspension of his practising certificate is terminated unconditionally under section 16(4) or (5), then, notwithstanding subsection (1)(f), this section shall not thereafter have effect in relation to that solicitor by reason of that suspension from practice and the expiry of the period of that suspension.
(4)In any case where this section has effect, the applicant shall, unless the Society or the Master of the Rolls otherwise orders, give to the Society not less than six weeks before he applies for a practising certificate notice of his intention so to apply; and, subject to subsections (6) and (7), the Society may in its discretion—
(a)grant or refuse the application, or
(b)decide to issue a certificate to the applicant subject to such conditions as the Society may think fit.
(5)Where the Society decides to issue a certificate subject to conditions, it may, if it thinks fit, postpone the issue of the certificate pending the hearing and determination of any appeal under section 13(2)(b).
(6)The Society shall not refuse an application by a solicitor for a practising certificate in a case where this section has effect by reason only—
(a)that he is applying for the first time; or
(b)that he has not held a practising certificate free from conditions since the date of his admission;
and, in a case falling within paragraph (b), the certificate shall not be made subject to any conditions binding on the applicant in respect of any period more than three years after the date on which the first practising certificate issued to him had effect.
(7)Where a solicitor applies for a practising certificate in a case where this section has effect by reason only of any such circumstances as are mentioned in paragraph (h), (k) or (l) of subsection (1) and an appeal has been made to the appropriate court against the order or judgment in question, the Society shall not refuse the application before the determination of that appeal, unless in the opinion of the Society the proceedings on that appeal have been unduly protracted by the appellant or are unlikely to be successful.
(1)Where an application for a practising certificate is duly made to the Society otherwise than in a case where section 12 has effect and the Society refuses or neglects to issue a certificate, the applicant may apply to the High Court or to any judge of that court, or to the Master of the Rolls, who may make such order in the matter, including an order for the payment of costs by the Society to the applicant or by the applicant to the Society, as may be just.
(2)Where the Society—
(a)in the exercise of the powers conferred on it by section 10, issues a practising certificate subject to a training condition or an indemnity condition; or
(b)in the exercise of the powers conferred on it by section 12, refuses to issue a practising certificate or issues a certificate subject to a condition,
the applicant may appeal to the Master of the Rolls against the decision of the Society within one month of being notified of it.
(3)On an appeal to the Master of the Rolls under subsection (2)(a), he may—
(a)affirm the decision of the Society; or
(b)direct the Society to issue a certificate to the applicant free from conditions ; or
(c)if regulations under section 28 specify a number of training conditions or indemnity conditions, direct the Society to issue a certificate to the applicant subject to a training condition or, as the case may be, an indemnity condition, different from that subject to which it was originally issued.
(4)On an appeal to the Master of the Rolls under subsection (2)(b), he may—
(a)affirm the decision of the Society; or
(b)direct the Society to issue a certificate to the applicant free from conditions or subject to such conditions other than training conditions or indemnity conditions as the Master of the Rolls may think fit; or
(c)direct the Society not to issue a certificate; or
(d)if a certificate has been issued, by order suspend it; or
(e)make such other order as he thinks fit.
(1)Every practising certificate issued in November or December in any year shall bear the date of 1st November in that year, and every other practising certificate shall bear the date of the day on which it is issued.
(2)Every practising certificate shall have effect from the beginning of the day of which it bears the date, and that date shall be entered by the Society in the register kept under section 9 and on the roll.
(3)Subject to subsection (4), every practising certificate shall expire at the end of 31st October next after it is issued.
(4)Where the name of a solicitor is removed from or struck off the roll, any practising certificate of that solicitor for the time being in force shall expire forthwith and the date of such expiration shall be entered in the register kept under section 9.
(1)The making by the Tribunal or by the court of an order suspending a solicitor from practice shall operate, and an adjudication in bankruptcy of a solicitor shall operate immediately, to suspend any practising certificate of that solicitor for the time being in force.
(2)For the purposes of this Act, a practising certificate shall be deemed not to be in force at any time while it is suspended.
(1)Subject to the provisions of this section, the suspension of a practising certificate shall continue until the certificate expires.
(2)The suspension of a practising certificate by virtue of section 15(1) by reason of an adjudication in bankruptcy shall terminate if the adjudication is annulled and an office copy of the order annulling the adjudication is served on the Society.
(3)Where a solicitor's practising certificate is suspended—
(a)by an order under section 13(4); or
(b)by virtue of section 15(1) by reason of his adjudication in bankruptcy; or
(c)by virtue of section 15(1) by reason of his suspension from practice and the period of his suspension from practice expires before the date of expiry of the certificate,
the solicitor may at any time before the certificate expires (and, in the case of adjudication in bankruptcy, while the adjudication remains unannulled) apply to the Society to terminate the suspension.
(4)On an application under subsection (3), the Society may in its discretion—
(a)by order terminate the suspension either unconditionally or subject to such conditions as the Society may think fit; or
(b)refuse the application.
(5)If on an application by a solicitor under subsection (3) the Society refuses the application or terminates the suspension subject to conditions, the solicitor may appeal against the decision of the Society to the Master of the Rolls, who may—
(a)affirm the decision; or
(b)terminate the suspension either unconditionally or subject to such conditions as he may think fit.
(1)Where a solicitor's practising certificate is suspended by an order under section 13(4), or by virtue of section 15(1) by reason of his adjudication in bankruptcy, the Society shall forthwith cause notice of that suspension to be published in the London Gazette and a note of it to be entered against the name of the solicitor on the roll.
(2)Where any such suspension of a practising certificate as is mentioned in subsection (1) is terminated under section 16(2), (4) or (5), the Society shall forthwith cause a note of that termination to be entered against the name of the solicitor on the roll and, if so requested in writing by the solicitor, a notice of it to be published in the London Gazette.
(1)Any list purporting to be published by authority of the Society and to contain the names of solicitors who have obtained practising certificates for the current year before 2nd January in that year shall, until the contrary is proved, be evidence that the persons so named as solicitors holding practising certificates for the current year are solicitors holding such certificates.
(2)The absence from any such list of the name of any person shall, until the contrary is proved, be evidence that that person is not qualified to practise as a solicitor under a certificate for the current year, but in the case of any such person an extract from the roll certified as correct by the Society shall be evidence of the facts appearing in the extract.
(1)Subject to subsection (2), every person qualified in accordance with section 1 may practise as a solicitor—
(a)in the Supreme Court;
(b)in any county court;
(c)in all courts and before all persons having jurisdiction in ecclesiastical matters ; and
(d)in all matters relating to applications to obtain notarial faculties,
and shall be entitled to all the rights and privileges, and may exercise and perform all the powers and duties, formerly appertaining to the office or profession of a proctor in the provincial, diocesan or other jurisdictions in England and Wales.
(2)Nothing in subsection (1) shall affect the provisions of section 120 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925, section 29 or 89 of the [1959 c. 22.] County Courts Act 1959 or any other enactment in force at the commencement of this Act which restricts the right of any solicitor to practice as such in any court.
(3)Nothing in subsection (1) or (2) shall prejudice or affect any right of practising or being heard in, before or by any court, tribunal or other body which immediately before the commencement of this Act was enjoyed by virtue of any enactment, rule, order or regulation or by custom or otherwise by persons qualified to act as solicitors.
(1)No unqualified person shall—
(a)act as a solicitor, or as such issue any writ or process, or commence, prosecute or defend any action, suit or other proceeding, in his own name or in the name of any other person, in any court of civil or criminal jurisdiction; or
(b)act as a solicitor in any cause or matter, civil or criminal, to be heard or determined before any justice or justices or any commissioners of Her Majesty's revenue.
(2)Any person who contravenes the provisions of subsection (1)—
(a)shall be guilty of an offence and liable on conviction on indictment to imprisonment for not more than two years or to a fine or to both; and
(b)shall be guilty of contempt of the court in which the action, suit, cause, matter or proceeding in relation to which he so acts is brought or taken and may be punished accordingly; and
(c)in addition to any other penalty or forfeiture and any disability to which he may be subject, shall be liable to a penalty of £50 to be recovered, with the full costs of the action, by an action brought by the Society with the consent of the Attorney General in the High Court or in any county court, and to be applied to the use of Her Majesty.
Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
(1)Subject to subsection (2), any unqualified person who directly or indirectly—
(a)draws or prepares any instrument of transfer or charge for the purposes of the [1925 c. 21.] Land Registration Act 1925, or makes any application or lodges any document for registration under that Act at the registry, or
(b)draws or prepares any other instrument relating to real or personal estate, or any legal proceeding,
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 £50.
(2)Subsection (1) does not apply to—
(a)a barrister or duly certificated notary public;
(b)any public officer drawing or preparing instruments or applications in the course of his duty;
(c)any person employed merely to engross any instrument, application or proceeding;
and paragraph (b) of that subsection does not apply to a duly certificated solicitor in Scotland.
(3)For the purposes of subsection (1)(b), "instrument" does not include—
(a)a will or other testamentary instrument;
(b)an agreement not under seal;
(c)a letter or power of attorney; or
(d)a transfer of stock containing no trust or limitation thereof.
(1)If any person to whom this subsection applies, directly or as an agent of any other person, whether or not that other person is a person to whom this subsection applies—
(a)takes instructions for a grant of probate or of letters of administration, or
(b)draws or prepares any papers on which to found or oppose any such grant,
he shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, and without prejudice to any other liability or disability to which he may be subject under this or any other Act, be guilty of an offence and liable on summary conviction to a fine not exceeding £10.
(2)Subsection (1) applies to any unqualified person who is not a barrister or duly certificated notary public.
(1)If any act is done by a body corporate, or by any director, officer or servant of a body corporate, and is of such a nature or is done in such a manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified to act as a solicitor—
(a)the body corporate shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100, and
(b)in the case of an act done by a director, officer or servant of the body corporate, he also shall be guilty of an offence and liable on summary conviction to a fine not exceeding £10.
(2)For the avoidance of doubt it is hereby declared that in sections 20, 22 and 23 references to unqualified persons and to persons include references to bodies corporate.
(1)No costs in respect of anything done by any unqualified person acting as a solicitor shall be recoverable by him, or by any other person, in any action, suit or matter.
(2)Nothing in subsection (1) shall prevent the recovery of money paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force if that money would have been recoverable if he had held such a certificate when so acting.
Notwithstanding anything in the [1952 c. 55.] Magistrates' Courts Act 1952, proceedings in respect of any offence under section 21, 22 or 23 may be brought at any time before the expiration of two years from the commission of the offence or six months from its first discovery by the prosecutor, whichever period expires first.
Nothing in this Part shall affect any enactment empowering an unqualified person to conduct, defend, or otherwise act in relation to any legal proceedings.
(1)The Master of the Rolls may make regulations, with the concurrence of the Lord Chancellor and the Lord Chief Justice, about the following matters, namely—
(a)admission as a solicitor ;
(b)the keeping of the roll;
(c)practising certificates and applications for them ;
(d)the keeping of the register under section 9.
(2)The power conferred by subsection (1) includes power to specify—
(a)one or more conditions (in this Act referred to as "training conditions ") to be imposed on the issue of practising certificates to solicitors to whom training regulations apply; and
(b)one or more conditions (in this Act referred to as " indemnity conditions ") to be imposed on the issue of practising certificates to solicitors who are exempt from indemnity rules.
(3)Regulations about the keeping of the roll and of the register under section 9 may provide for the manner in which entries are to be made, altered and removed.
(4)The regulations may provide for rights of appeal to the Master of the Rolls in connection with the making and alteration of entries on the roll and the removal of entries from it.
(5)The Master of the Rolls may make regulations about the procedure for any appeals to him authorised by this Part or regulations under this section.
Nothing in section 3 of the [12 & 13 Will. 3. c. 2.] Act of Settlement (which provides among other things that aliens are incapable of enjoying certain offices or places of trust) shall be taken to disqualify a person from becoming or practising as a solicitor of the Supreme Court or of the Supreme Court of Northern Ireland.
For the purposes of this Part, a letter purporting to be signed by or on behalf of the registrar of solicitors in Scotland—
(a)stating that a person specified in the letter is or is not a solicitor in Scotland shall be evidence that that person is or, as the case may be, is not a solicitor in Scotland ;
(b)stating that a person specified in the letter did not at any time during a period so specified have in force a practising certificate as a solicitor in Scotland shall be evidence that that person was not during any part of that period a duly certificated solicitor in Scotland.