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Revised Statute from The UK Statute Law Database

Solicitors Act 1974 (c.47)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Solicitors Act 1974

1974 CHAPTER 47

Contents

Go to Preamble

  1. Part I

    Right to Practise as Solicitor

    1. Qualifications and training

      1. 1. Qualifications for practising as solicitor

      2. 1A. Practising certificates: employed solicitors

      3. 2. Training regulations

    2. Admission

      1. 3. Admission as solicitor

      2. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. The roll

      1. 6. Keeping of the roll

      2. 7. Entry of name and restoration of name struck off

      3. 8. Removal or restoration of name at solicitor’s request

    4. Practising certificates

      1. 9. Applications for practising certificates

      2. 10.Issue of practising certificates

      3. 11. Fees payable on issue of practising certificates

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

      5. 12A. Additional fee payable by certain solicitors on applying for practising certificates

      6. 13. Appeals in connection with issue of practising certificates

      7. 13A. Imposition of conditions while practising certificates are in force

      8. 13B. Suspension of practising certificates where solicitors convicted of fraud or serious crime

      9. 14. Commencement, expiry and replacement of practising certificates

      10. 15. Suspension of practising certificates

      11. 16. Duration of suspension of practising certificates

      12. 17. Publicity in relation to suspension of practising certificates

      13. 18. Evidence as to holding of practising certificates

    5. Rights and privileges of solicitors

      1. 19. Rights of practising and rights of audience

    6. Unqualified persons acting as solicitors

      1. 20. Unqualified person not to act as solicitor

      2. 21. Unqualified person not to pretend to be a solicitor

      3. 22. Unqualified person not to prepare certain instruments

      4. 22A. Powers of entry etc. of local weights and measures authorities

      5. 23. Unqualified person not to prepare papers for probate etc

      6. 24. Application of penal provisions to body corporate

      7. 25. Costs where unqualified person acts as solicitor

      8. 26. Time limit for commencement of certain proceedings

      9. 27. Saving for persons authorised to conduct legal proceedings

    7. Supplementary

      1. 28. Regulations

      2. 29. Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2

      3. 30. Evidence as to solicitors in Scotland

  2. Part II

    Professional Practice, Conduct and Discipline of Solicitors and Clerks

    1. Practice rules

      1. 31. Rules as to professional practice, conduct and discipline

    2. Accounts etc

      1. 32. Accounts rules and trust accounts rules

      2. 33. Interest on clients’ money

      3. 33A. Inspection of practice bank accounts etc

      4. 34. Accountants’ reports

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

      1. 35. Intervention in solicitor’s practice

      2. 36. Compensation Fund

      3. 37. Professional indemnity

    4. Inadequate professional services

      1. 37A. Redress for inadequate professional services

    5. Restrictions on practice as solicitor

      1. 38. Solicitor who is justice of the peace not to act in certain proceedings

      2. 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 40. Solicitor not to commence or defend actions while in prison

    6. Restrictions on employment of certain persons

      1. 41. Employment by solicitor of person struck off or suspended

      2. 42. Failure to disclose fact of having been struck off or suspended

      3. 43. Control of solicitors’ employees and consultants

      4. 44. Offences in connection with orders under section 43(2)

    7. Imposition by Council of disciplinary sanctions for inadequate professional services

      1. 44A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. Examination of files

      1. 44B.Examination of files

    9. Costs of investigations

      1. 44C. Payment of costs of investigations

      2. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. Disciplinary proceedings before Solicitors Disciplinary Tribunal

      1. 46. Solicitors Disciplinary Tribunal

      2. 47. Jurisdiction and powers of Tribunal

      3. 47A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 48. Orders of Tribunal

      5. 49. Appeals from Tribunal

    11. Disciplinary proceedings before Supreme Court

      1. 50. Jurisdiction of Supreme Court over solicitors

      2. 51. Procedure upon certain applications to High Court

      3. 52. Power of Society to draw up order of court

      4. 53. Production of order of court to Society

    12. Disciplinary proceedings—general

      1. 54. Restrictions on powers to strike names off roll

      2. 55. Applications to require solicitor to answer allegations

  3. Part III

    Remuneration of Solicitors

    1. Non–contentious business

      1. 56. Orders as to remuneration for non–contentious business

      2. 57. Non–contentious business agreements

      3. 58. Remuneration of a solicitor who is a mortgagee

    2. Contentious business

      1. 59. Contentious business agreements

      2. 60. Effect of contentious business agreements

      3. 61. Enforcement of contentious business agreements

      4. 62. Contentious business agreements by certain representatives

      5. 63. Effect on contentious business agreement of death, incapability or change of solicitor

      6. 64. Form of bill of costs for contentious business

      7. 65. Security for costs and termination of retainer

      8. 66. Taxations with respect to contentious business

    3. Remuneration—general

      1. 67. Inclusion of disbursements in bill of costs

      2. 68. Power of court to order solicitor to deliver bill, etc

      3. 69. Action to recover solicitor’s costs

      4. 70. Taxation on application of party chargeable or solicitor

      5. 71. Taxation on application of third parties

      6. 72. Supplementary provisions as to taxations

      7. 73. Charging orders

      8. 74. Special provisions as to contentious business done in county courts

      9. 75. Saving for certain enactments

  4. Part IV

    Miscellaneous and General

    1. The Society

      1. 76. Non–practising solicitors eligible for membership of Society

      2. 77. Annual subscription to Society

      3. 78. Cessation and suspension of membership of Society

      4. 79. Committees and Sub–Committees of the Council

      5. 80. Powers to act on behalf of Society

    2. Miscellaneous

      1. 81. Administration of oaths and taking of affidavits

      2. 81A. Fees for administering oaths and taking affidavits

      3. 82.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 83. Power of Society to inspect file of proceedings in bankruptcy of solicitor

      5. 84. Service of documents at solicitor’s place of business

      6. 85. Bank accounts

      7. 86. Bankers’ books

    3. Supplementary

      1. 87. Interpretation

      2. 88. Saving for solicitors to public departments and City of London

      3. 89. Consequential amendments, repeals, savings, etc

      4. 90. Short title, commencement and extent

  5. SCHEDULE 1

    Intervention in Solicitor’s Practice

  6. SCHEDULE 1A

    INADEQUATE PROFESSIONAL SERVICES

  7. SCHEDULE 2

    The Compensation Fund

  8. SCHEDULES 3

    CONSEQUENTIAL AMENDMENTS

  9. Schedule 4

    ENACTMENTS REPEALED

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

[31st July 1974]

Annotations:

Modifications etc. (not altering text)

C1Act excluded by S.I. 1978/1910, art. 18(2)

C2Act extended by Trustee Savings Banks Act 1985 (c. 58, SIF 110), ss. 3(9), 7(2), Sch. 1 para. 11(2)(b)

C3By 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.

C4Act: functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 4, 5 Sch. 1 (with art. 6)

C5Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]

Commencement Information

I1Act not in force at Royal Assent see s. 90(2); Act wholly in force 1.5.1975

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