Solicitors (Emergency Provisions) Act 1940

JurisdictionUK Non-devolved
Citation1940 c. 15


Solicitors (Emergency Provisions) Act, 1940

(3 & 4 Geo. 6.) CHAPTER 15.

An Act to make special provision on account of circumstances arising out of the present emergency as to examinations and service under articles in the ease of persons desirous of being admitted as solicitors, as to the awarding of prizes, medals and scholarships by law societies, and as to the delegation of the powers of the Master of the Rolls under the enactments relating to solicitors; and for purposes connected with the matters aforesaid.

[25th April 1940]

B E 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:—

S-1 Power to grant exemption from passing intermediate examination.

1 Power to grant exemption from passing intermediate examination.

1. The Council may at their discretion grant to any articled clerk exemption from the passing of an intermediate examination or any separate part of or subject comprised in that examination on account of circumstances connected with or arising out of the present emergency, and any articled clerk to whom such exemption has been granted may, notwithstanding anything in section fourteen of the principal Act, be admitted as a solicitor although he has not passed and therefore has not obtained a certificate of having passed such examination or such part or subject as the case may be.

S-2 Power to allow earlier presentation for final examination.

2 Power to allow earlier presentation for final examination.

(1) Notwithstanding anything contained in section thirty-one of the principal Act, a person who has entered into articles for the required term and has duly served thereunder and complied with the provisions of Part II of that Act applying to him up to the time for his presenting himself for final examination may with the permission of the Council, which they may grant or withhold at their discretion, present himself during the period of the present emergency for final examination at an examination earlier than the one next preceding the expiration of the term of his articles.

(2) This section shall be deemed to have come into operation on the first day of February nineteen hundred and forty.

S-3 Power to reckon national service as service under articles in certain cases.

3 Power to reckon national service as service under articles in certain cases.

3. The Council at their discretion—

a ) in the case of any articled clerk who after the commencement of his articles has been engaged in national service, may permit the whole or any part of the period of such national service to be reckoned as a period of good service under articles for the purposes of sections fourteen and fifteen of the principal Act; and
b ) in the case of any person desirous of being admitted as a solicitor who has been engaged in national service before the commencement of his articles, may permit the term of service under articles for which section fifteen of the principal Act requires him to be bound to be reduced by the whole or any part of the period of such national service

Provided that in any such case the clerk or person shall not be admitted as a solicitor unless he has during an aggregate period of not less than two years been actually employed as an articled clerk in the proper business practice and employment of a solicitor by the solicitor to whom he has been articled or in such employment as is mentioned in paragraph (a ) of section twenty of the principal Act with...

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