Statutory Instruments
LEGAL PROFESSION
Made
28th November 1991
Laid before Parliament
11th December 1991
Coming into force
1st January 1992
The Lord Chancellor, in exercise of the powers conferred on him by section 9(7) of the Administration of Justice Act 1985 (1)hereby makes the following Order:–
1. This Order may be cited as the Solicitors' Incorporated Practices Order 1991 and shall come into force on 1st January 1992.
2. –
(1) Article 4 of this Order shall apply to the enactments and instruments specified in Schedule 1 to this Order to the extent specified in that Schedule and subject to the provisions of the Administration of Justice Act 1985, Schedule 2, paragraphs 36 and 37.
(2) Article 4 of this Order shall apply to the enactments and instruments specified in Schedule 2 to this Order to the extent specified in that schedule and subject to the additions, omissions and other modifications set out in that Schedule.
3. In this Order:–
“recognised body” means a body corporate recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985;
“member” means a person whose name is entered on the register of members of a recognised body;
“beneficial owner” means a person on whose behalf a member holds any share in a recognised body as his nominee;
“holding company” and
“subsidiary” have the meanings assigned to them by Section 786 of the Companies Act 1985(2) and “associated” in relation to two or more companies means two or more companies that are subsidiaries of the same holding company.
4. In any enactment or instrument to which this article applies:–
(a)any reference to a solicitor or solicitors shall be construed as including a reference to a recognised body;
(b)any reference to a firm of solicitors shall be construed as including a reference to a recognised body;
(c)any reference to a solicitor’s firm shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as a reference to that recognised body;
(d)any reference to a solicitor’s partner shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as a reference to that recognised body or to any other solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to a recognised body which is itself a member of or a beneficial owner of any share in that recognised body;
(e)any reference to a solicitor’s partner shall be construed, in relation to a recognised body which is itself a partner of that solicitor, as including a reference to any other solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to another recognised body which is itself a member of or a beneficial owner of any share in that recognised body;
(f)any reference to a partner in or of a firm of solicitors shall be construed, in relation to a recognised body, as a reference to a solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to another recognised body which is itself a member of or a beneficial owner of any share in that recognised body;
(g)any reference to the employee or clerk of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as including a reference to a director, employee or clerk of that recognised body or any other recognised body which is its holding, associated or subsidiary company;
(h)any reference to a solicitor’s employee or clerk shall be construed, in relation to a solicitor who is a director or employee of a recognised body, as including a reference to a director, employee or clerk of that recognised body or any other recognised body which is its holding, associated or subsidiary company;
(i)any reference to the agent or client of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as including a reference to an agent or client of that recognised body;
(j)any reference to a solicitor’s agent or client shall be construed, in relation to a solicitor who is a director or employee of a recognised body, as including a reference to an agent or client of that recognised body;
(k)any reference to a person’s solicitor shall be construed as including a reference to a recognised body which is acting for that person;
(l)any reference to a solicitor’s practice or to the business of a solicitor shall be construed as including a reference to the practice or business of a recognised body;
(m)any reference to a solicitor carrying on the business of a solicitor shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as including a reference to his participation in the business of that recognised body;
(n)any reference to the address, place of business, business address, office or offices of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as a reference to the address specified by the recognised body as its address in the matter in question, or, in the absence of a specified address, to its registered office and any reference to notices or other documents being sent or delivered to or served on a solicitor, solicitors or firm of solicitors shall be construed accordingly;
(o)“he”, “him” or “his” shall be construed in relation to a recognised body as meaning “it” or “its”.
5. Wherever in one of the enactments to which this Order applies, the word “solicitor” is replaced by virtue of Section 125 of the Courts and Legal Services Act 1990(3) by “authorised litigator” or “legal representative” that term shall be construed to include a recognised body.
Mackay of Clashfern, C.
Dated 28th November 1991
| Chapter | Short title | Extent |
|---|---|---|
| 1809 c. 126 | Sale of Offices Act | Section 6 |
| 1837 c. 37 | Chartered Companies act | Section 27 |
| 1845 c. 18 | Land Clauses Consolidation Act | Section 134 |
| 1847 c. 69 | House of Commons Costs Taxation Act | The whole Act |
| 1849 c. 78 | House of Lords Costs Taxation Act | The whole Act except Section 2 |
| 1862 c. 53 | Land Registry Act | Section 15 |
| Section 131 | ||
| 1865 c. 27 | Parliamentary Costs Act | Section 3 |
| 1867 c. 48 | Sale of Land by Auction Act | Section 3 |
| 1874 c. 81 | Great Seal (Offices) Act | Section 5 |
| 1879 c. 17 | House of Commons Costs Taxation Act | Section 1 |
| 1891 c. 8 | Tithe Act | Section 5(2) |
| 1906 c. 55 | Public Trustee Act | The whole Act |
| 1914 c. 47 | Deeds of Arrangement Act | Section 15(1) |
| 1922 c. 16 | Law of Property Act | The whole Act |
| 1925 c. 18 | Settled Land Act | The whole Act |
| 1925 c. 19 | Trustee Act | Section 23(1) & (3)(a),(b) & (c) Section 59 |
| 1925 c. 20 | Law of Property Act | The whole Act except Section 75 |
| 1925 c. 21 | Land Registration Act | Section 144(1)(iii) |
| 1925 c. 24 | Universities and College Estates Act | Section 26(viii) |
| 1928 c. 43 | Agricultural Credits Act | Schedule para. 7 |
| 1931 c. 33 | Architects (Registration) Act | Section 7(5) |
| 1933 c. 1 | Benefices (Purchase of Rights of Patronage) Measure | Section 3(xiii) |
| 1943 c. 25 | Settled Land and Trustee Acts (Court’s General Powers) Act | Section 1(5) |
| 1947 c. 2 | Church Commissioners Measure | Section 6(2)(d) |
| 1947 c. 44 | Crown Proceedings Act | The whole Act |
| 1953 c. 23 | Accommodation Agencies Act | Section 1(3) |
| 1957 c. 52 | Geneva Conventions Act | Section 3(3),& (5) |
| 1958 c. 52 | Costs of Leases Act | Section 1 |
| 1959 c. 49 | Chevening Estate Act | Schedule para. 36 |
| 1960 c. 58 | Charities Act | Section 26(1),(2) & (3) |
| 1962 c. 37 | Building Societies Act | Section 34(4) |
| 1964 c. 26 | Licensing Act | Section 28(3) |
| 1964 – | Faculty Jurisdiction Measure | Section 1(3) |
| 1965 c. 36 | Gas Act | Section 5(9) |
| 1967 c. 80 | Criminal Justice Act | The whole Act |
| 1969 c. 59 | Law of Property Act | The whole Act |
| 1970 c. 9 | Taxes Management Act | Section 20B(3) Section 50(5) |
| 1970 c. 31 | Administration of Justice Act Schedule 3 para. 7(2) | |
| 1971 c. 27 | Powers of Attorney Act | Section 3(1)(b) |
| 1973 c. 41 | Fair Trading Act | Schedule 4 para. 1 |
| 1947 c. 39 | Consumer Credit Act | Section 146(2) & (4) |
| 1975 c. 14 | Social Security Act | Section 152 |
| 1975 c. 65 | Sex Discrimination Act | Section 75(2)(c) & (d) |
| 1976 c. 30 | Fatal Accidents Act | Section 2(4) |
| 1976 c. 74 | Race Relations Act | Section 66(2)(c) & (d) |
| 1977 – | Incumbents (Variation of Benefices) Measure | Section 15(2) |
| 1977 c. 37 | Patents Act | Section 103 Section 114(5) |
| 1979 c. 2 | Customs and Excise Management Act | Schedule 3 paras. 4(1) & (2) & 9(b) |
| 1979 c. 55 | Justices of the Peace Act | Section 51 |
| 1980 c. 43 | Magistrates' Courts Act | Section 12(2) |
| 1983 – Pastoral Measure (No. 1) | Schedule 2 para. 11 | |
| 1984 c. 12 | Telecommunications Act | Section 52(3)(c) & (d) |
| 1984 c. 28 | County Courts Act | The whole Act except Sections 9,10,13(1) & 13(2), 60(1), 61,75(7) & 147 |
| 1984 c. 39 | Video Recordings Act | Section 19(5)(a)(b) & (c) |
| 1984 c. 60 | Police and Criminal Evidence Act | Section 40(13) Section 42(7) |
| 1985 c. 6 | Companies Act | Section 434(4) |
| 1985 c. 68 | Housing Act | Section 170(4)(c) & (d) |
| 1986 c. 45 | Insolvency Act | The whole Act except Section 413 and Schedule 7 |
| 1986 c. 53 | Building Societies Act | Section 55(6)(a) Section 57(1) Section 67(1) & (7) Section 69(3)(a) & (17) |
| 1986 c. 60 | Financial Services Act | The whole Act except Section 45 Section 180 & Schedule 6 |
| 1988 c. 1 | Income and Corporation Taxes Act | The whole Act except Sections 201 & 684 |
| 1988 c. 34 | Legal Aid Act | The whole Act |
| 1988 c. 42 | Employment Act Section 20(3)(a) & (b) | |
| 1988 c. 48 | Copyright, Designs and Patents Act | Section 276(7)(b) Section 288(4) |
| 1988 c. 50 | Housing Act | Section 82(3)(c) & (d) Section 107(3)(c) & (d) |
| 1988 c. 53 | Road Traffic Offenders Act | Section 24(4)(a) |
| 1989 c. 26 | Finance Act | Schedule 5(3)(c) |
| 1989 c. 41 | Children Act | The whole Act except Section 41(8) |
| Reference | Title | Extent |
|---|---|---|
| S.I. 1898/496 | Light Railways (Costs) Rules | Scale No. 3 |
| S.I. 1899/141 | Benefices Rules | The whole instrument except Schedule 2 Form 50 |
| S.I. 1904/256 | Rules with Respect to Applications under The Railways (Electrical Power) Act 1903 | Rule 6 |
| S.I. 1912/348 | Public Trustee Rules | The whole instrument except Rule 30 |
| S.I. 1925/779 | Statutory Form of Conditions of Sale | The whole instrument |
| S.I. 1925/795 | Deeds of Arrangement Rules | The whole instrument |
| S.I. 1925/857 | Renewable Leasehold Regulations | Regulation 2(1)(b) |
| S.I. 1925/1093 | Land Registration Rules | The whole instrument except Rules 38, 189 & 300 and the Schedule |
| S.I. 1925/1128 | Filing of Leases Rules | The whole instrument except the Schedule |
| S.I. 1926/448 | Workmen’s Compensation Rules | The whole instrument except Rule 35 |
| S.I. 1926/461 | Supreme Courts Documents (Production) Rules | Appendix No. 1 |
| S.I. 1927/196 | Ministry of Transport (Light Railways Procedure) Rules | The whole instrument |
| S. I. 1939/1466 | Prize Court Rules | The whole instrument exceptOrder XII, Rule 6, Order XV, Rule 18, Order XIX, Rule 1 Appendix A |
| S.I. 1951/153 | Trading With The Enemy (Custodian) (No. 5) Order | Article 4(c) |
| S.I. 1951/1401 | Reserve and Auxiliary Forces (Protection of Civil Interests) Rules | Rule 17(3) Appendix Form 3 |
| S.I. 1954/796 | Non-Contentious Probate Rules | Rule 2(2) Rule 3(1) & (2) |
| S.I. 1954/796 | Non-Contentious Probate Rules | Rule 4(3)(b) Rule 5(4) Rule 44(3) Rule 59(1) |
| 1S.I. 956/552 | Rules of the Supreme Court (Non-Contentious Probate Costs) Rule 1(2),(5) & (7)(a) & (b) | |
| S.I. 1959/640 | Foreign Compensation Commission | Rule 31 |
| (Egyptian Claims) Rules Rule 33(2) | ||
| S.I. 1959/1301 | Geneva Conventions Act (Colonial Territories) Order in Council | Schedule 2 para. 3(2),(3),(5a) |
| S.I. 1960/543 | Election Petition Rules | The whole instrument except Rule 5 and the Schedule |
| S.I. 1964/388 | Prison Rules | Rule 37A |
| S.I. 1964/1755 | Ecclesiastical Jurisdiction (Discipline) Rules | The whole instrument except Rule 50 |
| S.I. 1965/251 | Ecclesiastical Jurisdiction (Faculty Appeals) | Rules Rule 11(3) |
| S.I. 1965/1101 | Industrial Tribunals (England and Wales) | Schedule 1 |
| Regulations | Schedule 2 | |
| S.I. 1965/1500 | County Courts Funds Rules | Rule 8(4) |
| S.I. 1965/1506 | Performing Right Tribunal Rules | Rule 26(4) |
| S.I. 1965/1687 | Transport Tribunal Rules | The whole instrument except Rule 27 & Schedule 1 |
| S.I. 1965/1776 | Rules of the Supreme Court (Revision) | The whole instrument except Order 75 Rule 16, Order 81 Rule 3(2)(b) & Order 106 Rule 7(a) & (e) |
| S.I. 1966/1471 | Commons Registration (General) Regulations | Regulation 32 paras. (2) & (3) |
| S.I. 1967/1002 | Faculty Jurisdiction Rules | The whole instrument except Rule 11A |
| S.I. 1967/1310 | Industrial and Provident Societies Regulations | Regulation 4 |
| S.I. 1967/1879 | Leasehold Reform (Enfranchisement and Extension) Regulations Schedule Part I para. (2),8(b),9(2) & 12 Schedule Part II, para 4(2) + 7 | |
| S.I. 1969/842 | Foreign Compensation Commission (USSR) Rules Approval Instrument | The whole instrument except Rule 37(1)(a),(d) & (2) |
| S.I. 1969/1347 | Air Navigation (Investigation of Combined Military and Civil Air Accidents) Regulations | Regulation 13(3) |
| S.I. 1969/1843 | Commons Registration (New Land) Regulations | Regulation 2(6) |
| S.I. 1970/376 | National Insurance (Industrial Injuries) (Colliery Workers Supplementary Scheme) Amendment and Consolidation Order | Schedule 1, Article 12(6) |
| S.I. 1970/1696 | Restriction on Agreements (Estate Agents) Order | Article 2(1) |
| S.I. 1971/1991 | Magistrates' Courts (Blood Tests) Rules | The whole instrument except the Schedule |
| S.I. 1971/2084 | Indictments (Procedure) Rules | Rule 7 |
| S.I. 1972/219 | Foreign Compensation Commission (Egypt) | Rule 35 |
| Rules Approval Instrument | Rule 37(2) | |
| S.I. 1972/1139 | Solicitors' Remuneration Order | The whole instrument |
| S.I. 1973/1958 | Isles of Scilly (Sale of Intoxicating Liquour) Order | Article 15(1) |
| S.I. 1974/85 | Misuse of Drugs Tribunal (England and Wales) Rules | Rule 18(1) & (2) |
| S.I. 1974/455 | National Health Service (Service Committees and Tribunal) Regulations | Regulation 50(2) |
| S.I. 1974/1286 | Land Changes Rules | Rule 13(2) |
| S.I. 1974/1837 | Legal Officers Fees Order | Schedule |
| S.I. 1975/299 | Lands Tribunal Rules | The whole instrument except Rule 44 |
| S.I. 1975/1803 | Supreme Court Funds Rules | Rule 43(1) |
| S.I. 1975/1993 | Sex Discrimination (Formal Investigation) Regulations | Regulation 3(d) |
| S.I. 1975/2048 | Sex Discrimination (Questions and Replies) Order | Article 6(d) |
| S.I. 1976/1646 | Foreign Compensation Commission (Roumania) Rules Approval Instrument | The whole instrument except Rule 37(1)(d) & Rule 37(3) |
| S.I. 1976/1897 | Restrictive Practices Court Rules | Rule 7 |
| S.I. 1976/1899 | Restrictive Practices Court (Resale Prices) Rules | Rule 6(c) Rule 12 |
| S.I. 1977/344 | Matrimonial Causes Rules | The whole instrument except Rules 69, 113 & 115 & Appendix 1 |
| S.I. 1977/577 | Police (Withdrawn, Anonymous, etc, Complaints) Regulations | Regulation 3(1) Schedule para. 4(b)(ii) |
| S.I. 1977/841 | Race Relations (Formal Investigations) Regulations | Regulation 3(d) |
| S.I. 1977/842 | Race Relations (Questions and Replies) Order | Article 6(d) |
| S.I. 1978/20 | Pharmaceutical Society (Statutory Committee) Order of Council | Appendix Regulation 17 Appendix Regulation 19 |
| S.I. 1978/951 | Vacation of Benefices (Legal Aid) Rules | Rule 2(2) |
| S.I. 1978/1910 | European Communities (Services of Lawyers) Order | Article 5 Article 6(c) |
| S.I. 1979/236 | Control, of Off-Street Parking Outside Greater London (Appeals Procedure) (England and Wales) Regulations | Schedule 1 para. 2 |
| S.I. 1979/399 | Matrimonial Causes (Costs) Rules | The whole instrument except Rules 10 & 13 |
| S.I. 1979/521 | [European Parliamentary] Election Petition Rules | The whole instrument except Rule 5 and the Schedule |
| S.I. 1979/937 | Industrial and Provident Societies (Credit Unions) Regulations | Regulation 13 |
| S.I. 1979/1456 | Imprisonment and Detention (Army) Rules | Rule 2 |
| S.I. 1979/1644 | National Health Service (Vocational Training) Regulations | Regulation 12(b) |
| S.I. 1980/821 | Supreme Court Fees Order | The whole instrument |
| S.I. 1981/552 | Magistrates' Courts Rules | The whole instrument except Rule 4, Rule 7, Rule 25, Rule 33, & Rule 107 |
| S.I. 1981/1123 | County Courts Jurisdiction Order | Article 2 |
| S.I. 1981/1687 | County Court Rules | The whole instrument except Order 10, Rule 2 Order 14, Rule 10(4) Order 14, Rule 11(5) Order 29, Order 35 Order 38, Rule 1 Order 38, Rule 8 Order 38, Rule 19A Order 38, Rule 25 Order 49, Rule 17 Order 49, Rule 18 |
| S.I. 1982/1109 | Crown Court Rules | Schedule 4 |
| S.I. 1982/1110 | Foreign Compensation Commission (Czechoslovakia) Rules Approval Instrument | Rule 35 Rule 37(2) |
| S.I. 1982/1706 | County Court Fees Order | Schedule I |
| S.I. 1983/569 | Detention Centre Rules | The whole instrument |
| S.I. 1983/570 | Youth Custody Centre Rules | The whole instrument |
| S.I. 1983/585 | Licensed Dealers (Conduct of Business) Rules | Rule 9(1)(c) |
| S.I.1983/587 | Dealers in Securities (Licensing) Regulations | Schedule 1 Part I para. 1(a) |
| S.I. 1983/942 | Mental Health Review Tribunal Rules | Rule 12(3)(a) |
| S.I. 1984/176 | Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations | Regulation 18(b) |
| S.I. 1984/2035 | Court of Protection Rules | Rule 13(4)(b) Rule 20 Rule 30(2) Rule 47(2)(a) Rule 48(2) |
| S.I. 1985/520 | Police (Complaints) (General) Regulations | Regulation 11(1) |
| S.I. 1985/1807 | Register of County Court Judgements Regulations | Regulation 5(5) |
| S.I. 1985/1846 | Crown Prosecution Service (Transfer of Staff) Regulations | Schedule 1 |
| S.I. 1986/127 | Court of Protection (Enduring Powers of Attorney) Rules. | The whole instrument except Schedule 1 |
| S.I. 1986/262 | Control of Off-Street Parking In Greater London (Appeals Procedure) Regulations | Schedule 1 para. 2 |
| S.I. 1986/264 | Control of Off-Street Parking (Appeals Procedure)(England and Wales Metropolitan Districts) Regulations | Schedule 1 para. 2 |
| S.I. 1986/1046 | Occupationsl Pension Schemes (Disclosure of Information) Regulations | Schedule 5 para. 3 |
| S.I. 1986/1335 | Costs In Criminal Cases (General) Regulations | Regulation 6(3)(a) |
| S.I. 1986/1399 | Land Registration Fee Order | The whole instrument |
| S.I. 1986/1925 | Insolvency Rules | The whole instrument except Rules 4.12, 4.215, 6.12, 6.175, 6.235, 7.53, 7.54, 7.57 & 9.4 & Schedule 4 |
| S.I. 1986/1953 | Air Navigation (Investigation of Air Accidents involving Civil and Military Aircraft or Installations) Regulations | Regulation 12(3) |
| S.I. 1987/143 | Foreign Compensation Commission (USSR) Rules Approval Instrument | Rule 26 |
| S.I. 1987/516 | Stamp Duty (Exempt Instruments) Regulations | Regulation 3(c)(i) & (ii) |
| S.I. 1987/821 | Court Funds Rules | The whole instrument |
| S.I. 1987/851 | Police Regulations | Regulation 53(10)(b) |
| S.I. 1987/1496 | Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) Rules Approvals Order | The whole instrument except the Schedule Part II |
| S.I. 1987/2024 | Non-Contentious Probate Rules | The whole instrument except and Rules 20, 22, 38 & 46 & Schedule 1 |
| S.I. 1988/153 | Foreign Compensation Commission (People’s Republic of China) Rules Approval Instrument | Rule 26 |
| S.I. 1988/629 | Land Registration (Official Searches) Rules | Rule 8(1) |
| S.I. 1988/665 | Land Registration Fee Order | Article 3(2), Article 4 |
| S.I. 1988/913 | Magistrates' Courts (Children and Young Persons) Rules | The whole instrument |
| S.I. 1988/1695 | Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules | Rule 6(2) |
| S.I. 1988/1699 | Criminal Justice Act 1987 (Preparatory Hearings) Rules | Rule 9(2) |
| S.I. 1988/1700 | Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals)Rules | Rule 11(2) |
| S.I. 1988/1980 | Patronage (Appeals) Rules | The whole instrument except Rule 23 & the Appendix |
| S.I. 1989/19 | Criminal Appeal (Reviews of Sentencing) Rules | Rule 5(1)(e) |
| S.I. 1989/28 | Financial Services Act 1986 (Single Property Schemes) (Exemption) Regulations | Regulation 3(2)(b) Regulation 5(b) |
| S.I. 1989/339 | Civil Legal Aid (General) Regulations | The whole instrument |
| S.I. 1989/340 | Legal Advice and Assistance Regulations | The whole instrument |
| S.I.1989/341 | Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations | The whole instrument |
| S.I. 1989/342 | Legal Advice and Assistance at Police Stations Remuneration) Regulations | The whole instrument |
| S.I. 1989/343 | Legal Aid in Criminal and Care Proceedings(Costs) Regulations | The whole instrument except Regulation 6(4) & Schedule 1 Part I |
| S.I. 1989/344 | Legal Aid in Criminal and Care Proceedings (General) Regulations | The whole instrument |
| S.I. 1989/550 | Legal Advice and Assistance (Scope) Regulations | The whole instrument |
| S.I. 1989/1597 | Magistrates' Courts (Extradition) Rules | Rule 4(4) |
| S.I. 1990/172 | Land Registration Fee Order | Article 3(2), Article 4(2) |
| S.I. 1990/3011 | Common Land (Rectification of Registers) Regulations | Schedule 1 |
| S.I. 1990/314 | Land Registration Rules | The whole instrument |
| Chapter | Short Title | Extent and modifications |
|---|---|---|
| 1849 c. 78 | House of Lords Costs Taxation Act | Section 2 – the reference to the bill or accompanying letter being subscribed with proper hand of the “solicitor, or in the case of a partnership by any of the partners, either with his own name or with the name of such partnership” shall be construed, in relation to a recognised body, as a reference to the bill or accompanying letter being subscribed by a director of that recognised body. |
| 1974 c. 23 | Juries Act | Schedule 1 Part 1 Group B – The first reference to “solicitors” shall not be construed as applying to recognised bodies. |
| 1979 c. 38 | Estate Agents Act | Section 1(2)(a) & 1(5)(a) – “practising solicitor” includes a recognised body practising as such. |
| 1981 c. 54 | Supreme Court Act | Sections 100(5), 101(2) & 102(6) – the references to the partner of a deputy district registrar or time registrar shall be construed as if they were references to a solicitor’s partner. |
| 1984 c. 28 | County Courts Act | Sections 10(5), 13(1) & 13(2) – the reference to the partner of an officer of the court, deputy registrar and part-time registrar shall be construed as if they were references to a solicitor’s partner. |
| Section 60(1) – the reference to the name of the firm of which the solicitor is a director or employee of a recognised body, as a reference to the name of that recognised body. | ||
| Section 60(1)(d) – the first reference to “solicitor” does not include a recognised body. The reference to “a solicitor on therecord”includes a recognised body acting generally in the proceedings for a party to them. | ||
| Section 60(1)(e) – the first reference to “solicitor” does not include a recognised body. The reference to “a solicitor on the record”includes a recognised body acting generally in the proceedings for a party to them. | ||
| Section 60(1)(f) – the first reference to “solicitor” does not include a recognised body. The reference to “a solicitor so engaged” includes a recognised body engaged as an agent by a solicitor on the record as defined in Section 60(1)(c) or by a recognised body acting generally in the proceedings for a party to them. | ||
| 1988 c. 48 | Copyright, Designs and Patents Act | Section 278(1) – the reference to “a solicitor” does not include a recognised body. The reference to “a firm of solicitors” being described as “a firm of patent attorneys” shall be construed as including a recognised body being described as “patent attorneys”. |
| Reference | Title | Extent and modifications |
|---|---|---|
| S.I. 1939/1466 | Prize Court Rules | Order XII, Rule 6 – the reference to a “person in partnership” with a commissioner shall be construed as if it were a reference to a solicitor’s partner. |
| S.I. 1956/962 | Foreign Compensation Commission Rules | In Rule 33(1)(d), the first, second and fourth references to “solicitor” shall include a recognised body acting generally in the proceedings. |
| S.I. 1959/640 | Foreign Compensation Commission (Egyptian Claims) Rules | In Rule 33(1)(d) the first, second and fourth reference to “solicitor” shall not be construed as referring to a recognised body. “That solicitor” shall include a recognised body acting generally in the proceedings. |
| S.I. 1964/388 | Prison Rules | Rule 99(1) – in the definition of “legal adviser”, in relation to visits to a prisoner, “solicitor” shall not include a recognised body but “a clerk acting on behalf of his solicitor” shall include a clerk acting on behalf of a recognised body. In relation to correspondence, “solicitor” shall include a recognised body. |
| S.I. 1965/1776 | Rules of the Supreme Court Revision | Order 75 Rule 16 – the first and second references to “solicitor” in paragraph (1) shall not apply to a recognised body. |
| Order 81 Rule 3(2)(b) – the reference in sub-paragraph (i) to “the plaintiff’s solicitor” does not apply to a recognised body. The reference to “that solicitor” shall be construed as including a recognised body acting for the plaintiff. | ||
| Order 106 Rule 7(a) & (e) – the references to “every member of the firm” shall not apply in the case of a recognised body. | ||
| S.I. 1969/842 | Foreign Compensation Commission (USSR) Rules Approval Instrument | Rule 37(1)(d) – the first, second & fourth references to “solicitor” shall not be construed as referring to a recognised body. “That solicitor” shall include a recognised body acting generally in the proceedings. |
| S.I. 1970/596 | General Medical Council Disciplinary Committee (Procedure) Rules Order of Council “The Solicitor” has the meaning assigned to it by Rule 2(1) of the Order as hereby applied and modified; “any Solicitor”refers to an individual solicitor only; and the reference to any member of a firm of solicitors shall be construed in relation to a recognised body as meaning a solicitor who is a director or employee of that body. | |
| S.I. 1972/219 | Foreign Compensation Commission (Egypt) Rules Approval Instrument | Rule 37(1)(d) – the first, second & fourth reference to “solicitor” shall not be construed as referring to a recognised body. “That solicitor” shall include a recognised body acting generally in the proceedings. |
| S.I. 1974/1286 | Land Charges Rules | Rule 6 – the reference to “a practising solicitor” shall be construed as including a reference to a recognised body practising as such. |
| S.I. 1976/1646 | Foreign Compensation Commission (Roumania) Rules Approval Instrument | Rule 37(1)(d) – the first, third, fifth & seventh references to “solicitor” do not refer to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant. |
| S.I. 1976/1777 | Hong Kong Supreme Court (Admiralty Procedure) Rules Order | Schedule – in para. 9, the first reference to “solicitor” does not apply to a recognised body. |
| S.I. 1980/860 | General Medical Council (Fraud or Error in relation to Registration) Rules, Order of Council | “The Solicitor” has the meaning assigned to it by Appendix, Rule 2 of the Order as hereby applied and modified; “any Solicitor” refers to an individual solicitor only; and the reference to any member of a firm of solicitors shall be construed in in relation to a recognised body as meaning a solicitor who is a director or employee of that body. |
| S.I. 1982/1110 | Foreign Compensation Commission (Czechoslavakia) Rules Approval Instrument | Rule 37(1)(d) – the first, third, fifth & seventh references to “solicitor” do not refer to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant. |
| S.I. 1987/143 | Foreign Compensation Commission (USSR) Rules Approval Instrument | Rule 28(d) – the first, third, fifth & seventh references to solicitor do not refer Instrument to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant. |
| S.I. 1987/2174 | General Medical Council Health Committee (Procedure) Rules, Order of Council | “The solicitor” has the meaning assigned to it by Appendix, Rule 2(1) of the Order as hereby applied and modified; the reference to “any Solicitor” refers to an individual solicitor only; and the reference to any partner of a firm of solicitors shall be construed in relation to a recognised body as meaning a solicitor who is a director or employee of that body. |
| S.I. 1988/153 | Foreign Compensation Commission (People’s Republic of China) Rules Approval Instrument | Rule 28(d) – the first, third, fifth & seventh references to “solicitor” do not refer to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant. |
| S.I. 1988/646 | Banking Act 1987 (Exempt Transactions) Regulations | Regulation 8(1) – the reference to “a practising solicitor in the course of his profession” shall be construed as including a recognised body in the course of providing professional services such as are provided by individuals practising as solicitors or by multi-national partnerships as defined in section 89 of the Courts and Legal Services Act 1990. |
| Regulation 8(2) – the definition “practising solicitor” shall also include a recognised body; but the words “a firm of practising solicitors” shall have no reference to a recognised body or recognised bodies. | ||
| S.I. 1988/2255 | General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council | “The Solicitor” has the meaning assigned to it by Appendix, Rule 2(1) of the Order as hereby applied and modified; “any solicitor” refers to an individual solicitor Council only; and the reference to any partner of a firm of solicitors shall be construed in relation to a recognised body as meaning a solicitor who is a director or employee of that body. |
| S.I. 1989/1837 | General Medical Council Professional Conduct Committee (EC Practitioners) (Procedure) Rules Order of Council “The Solicitor” has the meaning assigned to it by Appendix, Rule 2(1) of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 (S.I. 2255) as applied and modified by this Schedule. |
(This note is not part of the Order)
Section 9 of the Administration of Justice Act 1985 empowers the Council of the Law Society (with the concurrence of the Master of the Rolls) to make rules to regulate the formation of bodies corporate (referred to as “recognised bodies”) for the purpose of providing legal services. This Order provides for certain enactments passed or made before the commencement of section 9 which have effect in relation to solicitors to apply to recognised bodies, in some cases with amendments. £0.00 net