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Solicitors' Incorporated Practices Order 1991

As Enacted Cited authorities 198 Cited in Amendments 13 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1991/2684
Year1991

1991 No. 2684

LEGAL PROFESSION

The Solicitors' Incorporated Practices Order 1991

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 19851hereby makes the following Order:–

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Solicitors' Incorporated Practices Order 1991 and shall come into force on 1st January 1992.

S-2 Scope

Scope

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.

S-3 Interpretation

Interpretation

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 19852and “associated” in relation to two or more companies means two or more companies that are subsidiaries of the same holding company.

S-4 Modifications of existing legislation

Modifications of existing legislation

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”.

S-5 Effects of Courts and Legal Services Act 1990

Effects of Courts and Legal Services Act 1990

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 19903by “authorised litigator” or “legal representative” that term shall be construed to include a recognised body.

Mackay of Clashfern, C.

Dated 28th November 1991

SCHEDULE 1

SCHEDULE 1

1 STATUTES WHICH APPLY TO RECOGNISED BODIES

STATUTES WHICH APPLY TO RECOGNISED BODIES

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

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