Solicitors Act 1974

Cited authorities (3)

Cited in

Amendments (750)

Jurisdiction	UK Non-devolved
Citation	1974 c. 47
Year	1974

Contenidos

Solicitors Act 1974
Part I: Right to Practise as Solicitor

Qualifications and training

1: Qualifications for practising as solicitor
^F1 1A: Practising certificates: employed solicitors
^F6^F5 1B: Restriction on practice as sole solicitor
2: Training regulations

Admission

3: Admission as solicitor
^F19 4: … … … … … … … … … …
^F20 5: … … … … … … … … … …

The roll

6: Keeping of the roll
7: Entry of name and restoration of name struck off
8: Removal or restoration of name at solicitor’s request

Practising certificates

^F36 9: Applications for practising certificates
^F38 10: Issue of practising certificates
^F40 10A: Register of holders of practising certificates
^F42 11: Fees payable on issue of practising certificates
12: Discretion of Society with respect to issue of practising certificates in special cases
^F44 12A: Additional fee payable by certain solicitors on applying for practising certificates
^F46 13: Appeals etc in connection with the issue of practising certificates
^F51^F50 13ZA: Application to practise as sole practitioner while practising certificate in force
^F51 13ZB: Fee payable on making of sole solicitor endorsement
^F52 13A: Imposition of conditions while practising certificates are in force
^F61 13B: Suspension of practising certificates where solicitors convicted of fraud or serious crime
14: Commencement, expiry and replacement of practising certificates
15: Suspension of practising certificates
16: Duration of suspension of practising certificates
17: Publicity in relation to suspension of practising certificates
^F89^F88 17A: Suspension of sole solicitor endorsement
^F89 17B: Duration and publicity of suspension of sole solicitor endorsement
^F90 18: Extracts from the roll or register etc as evidence

Rights and privileges of solicitors

19: Rights of practising and rights of audience

Unqualified persons acting as solicitors

^F92 20: Unqualified person not to act as solicitor
21: Unqualified person not to pretend to be a solicitor
22: Unqualified person not to prepare certain instruments
22A: Powers of entry etc of local weights and measures authorities
23: Unqualified person not to prepare papers for probate etc
24: Application of penal provisions to body corporate
25: Costs where unqualified person acts as solicitor
26: Time limit for commencement of certain proceedings
27: Saving for persons authorised to conduct legal proceedings

Supplementary

28: Regulations
29: Non–British subjects as solicitors 12 & 13 Will 3 c 2
30: Evidence as to solicitors in Scotland

Part II: Professional Practice, Conduct and Discipline of Solicitors and Clerks

Practice rules

31: Rules as to professional practice, conduct and discipline

Accounts etc

32: Accounts rules and trust accounts rules
33: Interest on clients’ money
^F147 33A: Inspection of practice bank accounts etc
34: Accountants’ reports

^F155 Sole solicitors

34A: Employees of solicitors
34B: Employees of solicitors: accounts rules etc

Intervention in solicitor’s practice, Compensation Fund and professional indemnity

35: Intervention in solicitor’s practice
^F156 36: Compensation grants
^F157 36A: Compensation funds
37: Professional indemnity

^F162 Inadequate professional services

^F163^F164 37A: Redress for inadequate professional services

Restrictions on practice as solicitor

38: Solicitor who is justice of the peace not to act in certain proceedings
^F171 39: … … … … … … … … … …
40: Solicitor not to commence or defend actions while in prison

Restrictions on employment of certain persons

41: Employment by solicitor of person struck off or suspended
42: Failure to disclose fact of having been struck off or suspended
^F183 43: Control of solicitors’ employees and consultants
44: Offences in connection with orders under section 43(2)

^F198 Imposition by Council of disciplinary sanctions for inadequate professional services

^F199 44A: … … … … … … … … … …

^F200 Examination of files

^F201 44B: Provision of information and documents by solicitors etc
^F202 44BA: Power to require explanation of document or information
44BB: Provision of information and documents by other persons
44BC: Information offences

^F206 Costs of investigations

^F207^F208

44C: Power to charge for costs of investigations

^F209 45: … … … … … … … … … …

^F210 Disciplinary powers of the Society

44D: Disciplinary powers of the Society
44E: Appeals against disciplinary action under section 44D

Disciplinary proceedings before Solicitors Disciplinary Tribunal

46: Solicitors Disciplinary Tribunal
^F219 46A: Funding of the Tribunal
47: Jurisdiction and powers of Tribunal
^F241 47A: … … … … … … … … … …
48: Orders of Tribunal
49: Appeals from Tribunal
^F257 49A: Appeals to the Tribunal instead of the High Court

Disciplinary proceedings before Supreme Court

^F259 50: Jurisdiction of Senior Courts over solicitors
51: Procedure upon certain applications to High Court
52: Power of Society to draw up order of court
53: Production of order of court to Society

Disciplinary proceedings—general

54: Restrictions on powers to strike names off roll
55: Applications to require solicitor to answer allegations

Part III: Remuneration of Solicitors

Non–contentious business

56: Orders as to remuneration for non–contentious business
57: Non–contentious business agreements
58: Remuneration of a solicitor who is a mortgagee

Contentious business

59: Contentious business agreements
60: Effect of contentious business agreements
61: Enforcement of contentious business agreements
62: Contentious business agreements by certain representatives
63: Effect on contentious business agreement of death, incapability or change of solicitor
64: Form of bill of costs for contentious business
65: Security for costs and termination of retainer
^F318 66: Assessments with respect to contentious business

Remuneration—general

67: Inclusion of disbursements in bill of costs
68: Power of court to order solicitor to deliver bill, etc
69: Action to recover solicitor’s costs
^F337 70: Assessment on application of party chargeable or solicitor
^F359 71: Assessment on application of third parties
^F367 72: Supplementary provisions as to assessments
73: Charging orders
74: Special provisions as to contentious business done in county courts
75: Saving for certain enactments

Part IV: Miscellaneous and General

The Society

76: Non–practising solicitors eligible for membership of Society
77: Annual subscription to Society
78: Cessation and suspension of membership of Society
^F389 79: Discharge of the Council's functions
80: Powers to act on behalf of Society

Miscellaneous

81: Administration of oaths and taking of affidavits
81A: Fees for administering oaths and taking affidavits
^F397 82: … … … … … … … … … …
83: Power of Society to inspect file of proceedings in bankruptcy of solicitor
84: Service of documents at solicitor’s place of business
85: Bank accounts
^F400 86: Bankers’ books

Supplementary

^F401 86A: Rules
87: Interpretation
88: Saving for solicitors to public departments and City of London
89: Consequential amendments, repeals, savings, etc
90: Short title, commencement and extent

SCHEDULES

SCHEDULE 1: (Section 35) Intervention in Solicitor’s Practice

Part I: Circumstances in which Society may Intervene
Part II: Powers Exercisable on Intervention

Money
Documents
^F488 Mail and other forms of communication
Trusts
General

^F494 SCHEDULE 1A: INADEQUATE PROFESSIONAL SERVICES

Circumstances in which Council’s powers may be exercised
Directions which may be given
Compensation
Taxation of costs
Failure to comply with direction
Fees
Costs
Duty of Tribunal
Interpretation

^F495^F495 SCHEDULE 2

SCHEDULES 3: (Section 89) CONSEQUENTIAL AMENDMENTS
^X5 Schedule 4: (Section 89) ENACTMENTS REPEALED

Solicitors Act 1974

1974 CHAPTER 47

An Act to consolidate the Solicitors Acts 1957 to 1974 and certain other enactments relating to solicitors.

[31st July 1974]

Commencement Information

Act not in force at Royal Assent see s. 90(2); Act wholly in force 1.5.1975

Modifications etc. (not altering text)

Act excluded by S.I. 1978/1910, art. 18(2)

Act extended by Trustee Savings Banks Act 1985 (c. 58, SIF 110), ss. 3(9), 7(2), Sch. 1 para. 11(2)(b)

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Act: functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor...

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