Solicitors Act 1974

Part I — Right to Practise as Solicitor

Qualifications and training

Provision of information and documents by other persons

1

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”).

Training regulations

2

• (1) The Society . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Training regulations—

• (a) may prescribe—

• (i) the education and training . . . 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 . . . education or training under the regulations may be started or 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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission

Admission as solicitor

3

• (1) ... 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 Society to be admitted as a solicitor; and if any such person so applies, the Society , . . ., shall, unless cause to the contrary is shown to its satifaction, in writing, and in such manner and form as the Society may from time to time think fit, admit that person to be a solicitor.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission of certain overseas solicitors

4

Restrictions on admission of overseas solicitors

5

The roll

Keeping of the roll

6

• (1) The Society shall continue to keep a list of all solicitors of the Senior Courts, called “the roll”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry of name and restoration of name struck off

7

On production—

• (a) of written evidence of admission of any person as a solicitor by the Society,

• (b) of an order for the restoration to the roll of the name of a person whose name has been struck off it, or

• (c) of an order under section 47(2)(h) for the restoration of a person’s name to the roll,

and on payment to the Society of such fee . . . as the Society may from time to time determine, the Society shall enter the name of that person on the roll.

Removal or restoration of name at solicitor's request

8

• (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 . . . as the Society may from time to time determine.

• (2A) Subsection (2) does not apply to a former solicitor with respect to whom a direction has been given under section 47(2)(g).

• (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 Solicitors (Amendment) Act 1974.

• (4) An appeal from any decision of the Society under subsection (2) shall lie to the High Court.

• (4A) In relation to an appeal under subsection (4) the High Court may make such order as it thinks fit as to payment of costs.

• (4B) The decision of the High Court on an appeal under subsection (4) shall be final.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Practising certificates

Applications for practising certificates

9

• (1) A person whose name is on the roll may apply to the Society to be issued with a practising certificate.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An application under this section must be—

• (a) made in accordance with regulations under section 28, and

• (b) accompanied by the appropriate fee.

• (4) “The appropriate fee”, in relation to an application, means—

• (a) any fee payable under subsection (1) of section 11 in respect of the practising certificate applied for, and

• (b) any additional fee payable under subsection (4) of that section in respect of the application.

Issue of practising certificates

10

• (1) Subject to the following provisions of this section, where an application is made in accordance with section 9, the Society must issue a practising certificate to the applicant if it is satisfied that the applicant—

• (a) is not suspended from practice, and

• (b) is complying with any prescribed requirements imposed on the applicant.

• (2) A practising certificate issued to an applicant of a prescribed description must be issued subject to any conditions prescribed in relation to applicants of that description.

• (3) In such circumstances as may be prescribed, the Society must, if it considers it is in the public interest to do so—

• (a) refuse to issue a practising certificate under this section, or

• (b) where it decides to issue a practising certificate, issue it subject to one or more conditions.

• (4) The conditions which may be imposed include—

• (a) conditions requiring the person to whom the certificate is issued to take specified steps that will, in the opinion of the Society, be conducive to the carrying on by that person of an efficient practice as a solicitor ...;

• (b) conditions which prohibit that person from taking any specified steps, except with the approval of the Society.

• (5) In this section —

• “prescribed” means prescribed by regulations under section 28;

• “specified”, in relation to a condition imposed on a practising certificate, means specified in the condition.

Fees payable on issue of practising certificates

11

• (1) Before a practising certificate is issued, there must be paid to the Society in respect of the certificate a fee of such amount as the Society may from time to time determine.

• (2) Different fees may be specified for different categories of applicant and in respect of different circumstances.

• (3) Subsection (4) applies where a solicitor makes an application for a practising certificate if—

• (a) the solicitor has failed to deliver an accountant's report required by rules under section 34(1) by such time or in such circumstances as may be prescribed by those rules, and

• (b) a practising certificate has not been issued by the Society to the solicitor since the Society became aware of the failure.

• (4) Where this subsection applies, the solicitor's application must be accompanied by an additional fee of such amount as the Society from time to time determines.

Discretion of Society with respect to issue of practising certificates in special cases

12

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

Appeals in connection with issue of practising certificates

13

• (1) A person who makes an application under section 9 may appeal to the High Court against—

• (a) a decision to refuse the application for a practising certificate,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

• (c) a decision to impose a condition on a practising certificate issued in consequence of the application.

• (2) A person who holds a practising certificate subject to a condition within section 10(4)(b) may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition.

• (3) The Society may make rules which provide, as respects any application under section 9 that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this section in relation to the application as if it had been refused by the Society.

• (4) On an appeal under subsection (1), the High Court may—

• (a) affirm the decision of the Society,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) direct the Society to issue a certificate to the applicant free from conditions or subject to such conditions as the High Court may think fit,

• (d) direct the Society not to issue a certificate,

• (e) if a certificate has been issued, by order suspend it,

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

• (g) make such other order as the High Court thinks fit.

• (5) On an appeal under subsection (2), the High Court may—

• (a) affirm the decision of the Society,

• (b) direct the Society to approve the taking of one or more steps for the purposes of a condition within section 10(4)(b), or

• (c) make such other order as the High Court thinks fit.

• (6) In relation to an appeal under this section the High Court may make such order as it thinks fit as to payment of costs.

• (7) The decision of the High Court on an appeal under subsection (1) or (2) shall be final.

Date and expiry of practising certificates

14

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

Suspension of practising certificates

15

• (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 solicitoror the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a solicitor shall operate immediately, to suspend any practising certificate of that solicitor for the time being in force.

• (1A) Where the power conferred by paragraph 6(1) , 6A(1) or 9(1) of Schedule 1 has been exercised in relation to a solicitor by virtue of paragraph 1(1)(a)(i), (aa),(c) (so far as it applies to rules made by virtue of section 31 or 32) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any practising certificate of that solicitor for the time being in force.

• (1B) Subsection (1A) does not apply if, at the time when the power referred to there is exercised, the Society directs that subsection (1A) is not to apply in relation to the solicitor concerned.

• (1C) If, at the time when the power referred to in subsection (1A) is exercised, the Society gives a direction to that effect, the solicitor concerned may continue to act in relation to any matter specified in the direction as if his practising certificate had not been suspended by virtue of subsection (1A), but subject to such conditions (if any) as the Society sees fit to impose.

• (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.

Duration of suspension of practising certificates

16

• (1) Where a practising certificate is suspended, it expires on such date as may be prescribed by regulations under section 28.

• (1) Where, on the replacement date for a practising certificate, the certificate is suspended it shall expire on that date.

• (2) The suspension of a practising certificate by virtue of section 15(1) by reason of an adjudication in bankrupty shall terminate if the adjudication is annulled and an office copy of the order annulling the adjudication is served on the Society.

• (2A) The suspension of a practising certificate by virtue of section 15(1) by reason of the making of a debt relief order shall terminate—

• (a) if the debt relief order is revoked on the ground mentioned in section 251L(2)(c) or (d) of the Insolvency Act 1986 and a copy of the notice provided to the debtor under Rule 9.18 of the Insolvency (England and Wales) Rules 2016 is served on the Society or the debt relief order is revoked by the court under section 251M(6)(e) of that Act and a copy of the court order is served on the Society;

• (b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of that order.

• (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 bankruptcyor the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of him; 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 on which his certificate will expire,

• (d) by virtue of section 15(1A)

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 High Court, which may—

• (a) affirm the decision; or

• (b) terminate the suspension either unconditionally or subject to such conditions as it may think fit.

• (6) In relation to an appeal under subsection (5) the High Court may make such order as it thinks fit as to payment of costs.

• (7) The decision of the High Court on an appeal under subsection (5) shall be final.

Publicity in relation to suspension of practising certificates

17

• (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 . . . 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 . . . .

Evidence as to holding of practising certificates

18

• (1) An extract from the roll, or an extract from the register kept under section 10A, which is certified as correct by the Society is evidence of the matters mentioned in it.

• (2) A certificate from the Society stating that—

• (a) a person's name is or was on the roll, or

• (b) a person is or was registered in the register kept under section 10A,

is evidence of the matters stated.

Rights and privileges of solicitors

Rights of practising and rights of audience

19

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

Unqualified persons acting as solicitors

Unqualified person not to act as solicitor

20

• (1) No unqualified person is to act as a solicitor.

• (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to imprisonment for not more than 2 years or to a fine, or to both.

Unqualified person not to pretend to be a solicitor

21

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 the fourth level on the standard scale

Unqualified person not to prepare certain instruments

22

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

Unqualified person not to act in preparation of papers for probate, etc.

23

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

Application of penal provisions to body corporate

24

• (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 the fourth level on the standard scale, and