An Act to repeal the enactments requiring certain legal practitioners in Great Britain to take out stamped practising certificates, and to make consequential provision as to their right to practise and other matters.
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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Abolition of stamp duty and consequential amendments.1 Abolition of stamp duty and consequential amendments.
(1) The following enactments shall cease to have effect, namely:—
(a ) in the Stamp Act, 1891 , sections forty-three and forty-five to forty-eight and the heading in the First Schedule relating to the practising certificates of solicitors and others;
(b ) any other enactment in so far as it either—
(i) requires a solicitor's practising certificate to be stamped; or
(ii) confers any right, privilege or exemption by reference to a person's being a conveyancer, special pleader or draftsman in equity.
(2) Every practising certificate issued under the Solicitors Act, 1932 , after the commencement of this Act shall have effect from the beginning of the day of which it bears the date, and that date shall be entered by the registrar on the roll, and any such certificate in force on the fifteenth day of November in any year shall expire at the end of that day.
(3) A reference in any enactment to a duly certificated notary public shall, as respects things done after the commencement of this Act, be taken as a reference to a notary public who either—
(a ) has in force a practising certificate as a solicitor issued under the Solicitors Act, 1932, and duly entered in the court of faculties of the Archbishop of Canterbury in accordance with rules made by the master of faculties; or
(b ) has in force a practising certificate as a public notary issued by the said court of faculties in accordance with rules made as aforesaid
(4) In the enactments specified in the First Schedule to this Act, there shall be made the amendments specified in the second column of Part I of the Schedule, being amendments consequential on the foregoing provisions of this section; and those enactments (as amended by subsequent enactments) shall accordingly have effect as set out in Part II of that Schedule.
(5) The enactments specified in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
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Short title, commencement and extent.2 Short title, commencement and extent.
(1) This Act may be cited as the Solicitors, Public Notaries, &c. Act, 1949 .
(2) This Act shall come into force on the first day of November, 1949:
Provided that it shall not affect the law relating to Scottish solicitors unless or until they are required to take out practising certificates by some Act other than the Stamp Act, 1891.
(3) This Act shall not extend to Northern Ireland.
S C H E D U L E S
FIRST SCHEDULE
Consequential Amendments
I
Enactments Amended and AmendmentsPart I
Enactments Amended and Amendments
| Enactment |
Amendment |
The Revenue (No. 1) Act, 1861,— |
|
Section thirteen |
For the words ‘attorney, solicitor, proctor, writer to the signet, agent or procurator admitted in any court of law, or any conveyancer, who shall as such have taken out his annual certificate’ there shall be substituted the words ‘duly certificated solicitor’. |
The Solicitors Act, 1932,— |
|
Subsection (1) of section forty-two. |
For the words ‘Commissioners of Inland Revenue’ there shall be substituted the word ‘Society’, and the words ‘and conveyancers’ and the word ‘stamped’ shall be omitted. |
Subsection (1) of section forty-seven. |
For the words ‘law agent, writer to the signet, notary public, conveyancer, special pleader, or draftsman in equity’ in the subsection as originally enacted there shall be substituted the words ‘solicitor in Scotland, or notary public’. |
Section forty-eight |
For the words ‘notary public or conveyancer’ there shall be substituted the words ‘or notary public’. |
Section forty-nine |
For the words ‘notary public, conveyancer, special pleader, or draftsman in equity’ there shall be substituted the... |
