Solicitors Act 1974

43 Control of [F1solicitors’ employees and consultants].E+W

(1)Where a person who is or was [F2employed or remunerated by a solicitor in connection with his practice] but is not himself a solicitor—

(a)has been convicted of a criminal offence which discloses such dishonesty that in the opinion of the Society it would be undesirable for him to be employed [F3or remunerated] by a solicitor in connection with his practice; or

(b)has, in the opinion of the Society, occasioned or been a party to, with or without the connivance of the solicitor [F4by whom he is or was employed or remunerated], an act or default in relation to that solicitor’s practice [F5which involved conduct on his part of such a nature that in the opinion of the Society it would be undesirable for him to be employed [F3or remunerated] by a solicitor in connection with his practice,]

[F6the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to him.]

[F7(1A)Where the Society investigates whether there are grounds for making, or making an application to the Tribunal for it to make, an order under subsection (2) with respect to a person, the Council may direct him to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of investigating the matter; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.]

(2)[F8An order under this subsection made by the Society or the Tribunal shall state] that as from such date as may be specified in the order no solicitor shall, except in accordance with 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, employ or remunerate, in connection with his practice as a solicitor, the person with respect to whom the [F9order is] made.

[F10(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 [F11subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society,] may be inspected by any solicitor during office hours without payment but shall not be open to the inspection of any person other than a solicitor.

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purposes of this section an order [F13discharging 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.

Textual Amendments

F1Words in s. 43 sidenote substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(7) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F2Words in s. 43(1) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(2)(a) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F3Words in s. 43(1) inserted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(2)(b) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F4Words in s. 43(1) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(2)(c) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F5S. 43(1)(b): words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 8, Sch. 1 para. 10(a)

F6Words in s. 43(1) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(2)(d) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F7S. 43(1A) inserted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(3) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F8Words in s. 43(2) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(4)(a) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F9Words in s. 43(2) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(4)(b) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F10S. 43(3)(3A) substituted (27.9.1999) for s. 43(3) by 1999 c. 22, s. 48, Sch. 7 para. 7(5) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F11Words in s. 43(5) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 7(6) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)