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Part IVU.K. Miscellaneous and General

The SocietyE+W

76 Non–practising solicitors eligible for membership of Society.E+W

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77 Annual subscription to Society.E+W

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78 Cessation and suspension of membership of Society.E+W

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F479Discharge of the Council's functionsE+W

(1)The Council may arrange for any function of the Council (including any function exercisable by the Council by virtue of section 80) to be exercised by—

(a)a committee of the Council,

(b)a sub-committee of such a committee,

(c)a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society, or

(d)an individual (whether or not a member of the Society's staff).

(2)Where by virtue of subsection (1) any function may be discharged by a committee, the committee may arrange for the discharge of the function by—

(a)a sub-committee of that committee,

(b)a body corporate which is established for the purpose of providing services to the Council (or any committee of the Council) and is a wholly-owned subsidiary of the Society, or

(c)an individual (whether or not a member of the Society's staff).

(3)Where, by virtue of subsection (1) or (2), any function may be discharged by a sub-committee, that sub-committee may arrange for the discharge of the function by an individual (whether or not a member of the Society's staff).

(4)Arrangements made under this section in respect of a function may provide that the function is to be exercised in accordance with the arrangements only (and not by the delegating body).

(5)In subsection (4) “the delegating body” means—

(a)in the case of arrangements under subsection (1), the Council;

(b)in the case of arrangements under subsection (2), the committee;

(c)in the case of arrangements under subsection (3), the sub-committee.

(6)Subsections (2) and (3) have effect subject to any contrary direction given by the Council.

(7)Where arrangements under subsection (3) relate to a function delegated by a committee under subsection (2), subsection (3) also has effect subject to any contrary direction given by that committee.

(8)Any power given by subsection (1), (2) or (3) may be exercised so as to impose restrictions or conditions on the body or individual by whom the function is to be discharged.

(9)A committee or sub-committee may include or consist of individuals other than—

(a)members of the Council;

(b)members of the Society;

(c)solicitors.

(10)A sub-committee of a committee may also include or consist of individuals other than members of the committee.

(11)The Council may make arrangements for the appointment and removal of members of any committee to be made other than by the Council.

(12)A committee or sub-committee may regulate its own procedure, including quorum.

(13)The validity of any proceedings of a committee or sub-committee is not affected by any vacancy among its members.

(14)In this section “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

(15)This section is subject to any provision to the contrary made by or under any enactment.]

Textual Amendments

Modifications etc. (not altering text)

80 Powers to act on behalf of Society.E+W

(1)Anything authorised or required to be done by the Society under or in pursuance of this Act or [F5any other enactment (or of any instrument made under this Act or any other enactment)] may be done on behalf of the Society by the Council; and the power to delegate functions [F6conferred] by section 79 shall include power to delegate functions exercisable by the Council by virtue of this subsection.

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

(3)In any proceedings a document purporting to be certified by the Secretary of the Society as a copy of a resolution passed by the Council or a committee of the Council [F8or sub–committee] on a specified date shall be evidence that that resolution was duly passed by the Council [F9, committee or sub–committee] on that date.

MiscellaneousU.K.

81 Administration of oaths and taking of affidavits.E+W

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81A Fees for administering oaths and taking affidavits.E+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

83 Power of Society to inspect file of proceedings in bankruptcy of solicitor.E+W

Where proceedings in bankruptcy have been taken against any solicitor, the Society shall be entitled—

(a)to inspect the file of those proceedings without payment of any fee; and

(b)to be supplied with office copies of those proceedings on payment of the usual charge.

84 Service of documents at solicitor’s place of business.E+W

(1)For the purpose of facilitating the service of notices and other documents, every solicitor who has in force, or has applied for, a practising certificate shall give notice to the Society of any change in his place or places of business before the expiration of 14 days from the date on which the change takes effect.

(2)Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him by delivering it to him, by leaving it at his proper address or by sending it by post.

(3)Any such notice or document may be served on a practising solicitor, without prejudice to any other method of service, by sending it in a registered letter addressed to him at any place specified as his place of business, or one of his places of business, in his latest application for a practising certificate or in any subsequent notice under subsection (1).

Modifications etc. (not altering text)

85 Bank accounts.E+W

Where a solicitor keeps an account with a bank [F13or a building society] in pursuance of rules under section 32—

(a)the bank [F14or society] shall not incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it; and

(b)the bank [F14or society] shall not have any recourse or right against money standing to the credit of the account, in respect of any liability of the solicitor to the bank, other than a liability in connection with the account.

Textual Amendments

F13Words inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18 Pt. I para. 11(4)(a)

F14Words inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18 Pt. I para. 11(4)(b)

Modifications etc. (not altering text)

F1586 Bankers’ books.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SupplementaryE+W

[F1686ARulesE+W

(1)Rules made by the Society under this Act may —

(a)make provision generally or subject to exceptions or only in relation to specified cases;

(b)make different provision for different cases or circumstances or for different purposes.

(2)Without prejudice to the generality of subsection (1), any rules prescribing a fee may provide for that fee to be reduced or waived in such circumstances as may be specified in the rules.]

Textual Amendments

Modifications etc. (not altering text)

87 Interpretation.E+W

(1)In this Act, except where the context otherwise requires,—

[F38(1A)In this Act “authorised insurer” means—

(a)a person who has permission under [F39Part 4A] of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance of a relevant class;

(b)a person who carries on an insurance market activity, within the meaning of section 316(3) of that Act;

F40(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B)A contract of insurance is of a relevant class for the purposes of subsection (1A) if it insures against risks arising from—

(a)accident;

(b)credit;

(c)legal expenses;

(d)general liability to third parties;

(e)sickness;

(f)suretyship;

(g)miscellaneous financial loss.

(1C)The definition of “bank” in subsection (1) and subsections (1A) and (1B) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(2)In this Act—

(a)references to the removal of a solicitor’s name from the roll are references to its removal at his own request [F41or in pursuance of regulations under section 28(3A);]

(b)references to striking a solicitor’s name off the roll are references to striking it off [F42as a disciplinary sanction]; and

(c)references to removal or striking off include references to deleting an entry made by means of a computer by whatever means are appropriate.

(3)In this Act, except where otherwise indicated—

(a)a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered;

(b)a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered;

(c)a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and

(d)a reference in a paragraph to a numbered sub–paragraph is a reference to the sub–paragraph of that paragraph so numbered.

(4)Except where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended or applied by or under any other enactment, including this Act.]]

Textual Amendments

F17S. 87(1): definitions of "articles" and "employee" repealed (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 75(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/222, art. 2(j)(i)(n)(i)

F18S. 87(1): definition of "authorised insurer" repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 286(2)

F19S. 87(1): definition of "bank" substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 286(3)

F21Words in s. 87(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 38 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F23Definition of “building society” inserted by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 120, Sch. 18, para. 11(5)

F24S. 87(1): words in definition of "building society" repealed (27.9.1999) by 1999 c. 22, ss. 48, 106, Sch. 7 para. 4, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(a)(d)(ii)(a), Sch. 2 Pt. I

F25S. 87(1): words in definition of "client account" substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 75(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F26Words in s. 87(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4(with s. 81(2));S.I. 1996/3146, art. 3

F29S. 87(1): definition of "controlled trust" repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 75(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)

F30S. 87(1): definition of "duly certificated notary public" repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 75(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)

F31S. 87(1): definitions of "indemnity conditions", "replacement date" and "training conditions" repealed (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 75(c), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)(i)(c)(i)

F32Definitions in s. 87(1) omitted (19.11.1992) by virtue of S.I. 1992/2890, regs. 1(1), 12(1).

F33S. 87(1): definition of "office" inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 5

F36S. 87(1): definition of "sole solicitor endorsement" inserted (1.7.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 75(b) (with ss. 29, 192, 193); S.I. 2009/1365, art. 2(a)

F37Definition in s. 87(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

F38S. 87(1A)-(1C) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 286(4)

F39Words in s. 87(1A)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 38 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Modifications etc. (not altering text)

C10S. 87(1) amended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 8(2).

Marginal Citations

88 Saving for solicitors to public departments and City of London.E+W

(1)Nothing in this Act shall prejudice or affect any rights or privileges of the solicitor to the Treasury, any other public department, the Church Commissioners or the Duchy of Cornwall, or require any such officer or any clerk or officer appointed to act for him to be admitted or enrolled or to hold a practising certificate in any case where it would not have been necessary for him to be admitted or enrolled or to hold such a certificate if this Act had not been passed.

[F43(1A)The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.]

(2)Sections 31 and 32(1) shall not apply to, and nothing in this Act shall prejudice or affect any rights or privileges which immediately before the commencement of this Act attached to the office of, the Solicitor of the City of London.

89 Consequential amendments, repeals, savings, etc.E+W

X1(1)The enactments specified in Schedule 3 shall have effect subject to the amendments there specified, being amendments consequential upon the provisions of this Act.

X1(2)The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.

(3)In so far as any instrument or other document made, issued, served or kept or treated as having been or having effect as if made, issued, served or kept, or other thing done or treated as having been or having effect as if done, under or for the purposes of any of the enactments repealed by this Act (in this section referred to as “the repealed enactments”) could have been made, issued, served, kept or done under or for the purposes of a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made, issued, served, kept or done under or for the purposes of that corresponding provision; and anything begun under any of the repealed enactments may be continued under any corresponding provision of this Act as if begun under that provision.

(4)Any enactment or other document referring to any of the repealed enactments shall, so far as may be necessary for preserving its effect, be construed as referring to this Act or to the corresponding provision of this Act.

(5)References in any enactment or instrument to the disciplinary committee constituted under section 46 of the M3Solicitors Act 1957 shall be construed as references to the Tribunal.

(6)References in any enactment to solicitors, attorneys or proctors, or to the registrar of attorneys and solicitors or the registrar of solicitors, shall be construed as references to solicitors and to the Society respectively.

(7)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Nothing in this Act shall be taken as prejudicing the operation of [F45sections 16(1) and 17(2)(a) of the M4Interpretation Act 1978] (which relates to the effect of repeals).

Editorial Information

X1The text of ss. 86, 89(1)(2), Sch. 3 paras. 4, 6, 8, and 9, and Sch. 4, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F45Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

90 Short title, commencement and extent.E+W

(1)This Act may be cited as the Solicitors Act 1974.

(2)This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, not being earlier than the first day on which all the provisions of the M5Solicitors (Amendment) Act 1974 are in force.

(3)If any order made under section 19(7) of the M6Solicitors (Amendment) Act 1974 makes any savings from the effect of any provision of that Act which it brings into force, the order under subsection (2) may make corresponding savings from the effect of the corresponding provision of this Act.

(4)The provisions of this Act extend to England and Wales only, with the exception of—

(a)section 4(4) and the repeal of section 5(3) of the M7Solicitors Act 1957, which extend to Scotland;

(b)section 29 and the repeal of section I of the M8Solicitors (Amendment) Act 1974, which extend to Northern Ireland;

(c)sections 5(3) and 86, F46. . . and the repeals of section 5(2) of the Solicitors Act 1957 and paragraphs 1 and 5 of Schedule 2 to the M9Solicitors (Amendment) Act 1974, all of which extend both to Scotland and to Northern Ireland.

Textual Amendments

Modifications etc. (not altering text)

C111.5.1975 appointed under s. 90(2) by S.I. 1975/534

Marginal Citations