OpenLegislation

Paragraph 2

England and Wales

C1(1)

Subject to F1sub–paragraphs (2) and (2A), every solicitor—

C2(a)

shall on each occasion on which he applies for a practising certificate pay to the Society with the fee payable in respect of that certificate under section 11 a contribution (in this Schedule referred to as an “annual contribution”) of such amount as the Council may from time to time determine; and

(b)

where it appears from his application for a practising certificate that he has held or received clients’ money at any time during the period specified in the application, shall also, if so required by the Society, pay to the Society, before the issue of the certificate, a further contribution (in this Schedule referred to as a “special levy”) of such amount . . . F2as the Council may from time to time determine.

(2)

An annual contribution and a special levy—

(a)

shall not be payable in respect of the first three practising certificates to be issued to a solicitor after his admission; and

(b)

shall be payable in the reduced amount mentioned in sub–paragraph (3) in respect of the next three certificates to be so issued.

F3(2A)

Sub–paragraph (1) above shall not apply to any solicitor who is a Crown Prosecutor.

(3)

The reduced amount referred to in sub–paragraph (2)(b) is one–half of the amount which would otherwise be payable.

F4(3A)

The Council may require a solicitor to pay an annual contribution of a reduced amount where that payment is made with respect to a practising certificate which has a replacement date which is less than 12 months after the replacement date of the solicitor’s previous practising certificate.

(3B)

Where it appears from his application for a practising certificate that a solicitor has not held or received clients’ money at any time during the period specified in the application, the Council may require him—

(a)

to pay an annual contribution of a specified reduced amount on that application, or

(b)

to pay no annual contribution on that application.

(4)

All annual contributions and special levies received by the Society under this paragraph shall be paid into the fund.

Annotations

Textual amendments

F1

Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 4(6)

F2

Words repealed by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 8, 67(2), Sch. 1 para. 14, Sch. 8 Pt. II

F3

Sch. 2 para. 2(2A) inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 4(6)

F4

Sch. 2 para. 2(3A)(3B) inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 18; S.I. 1991/1364, art. 2, Sch.

Modifications

C1

Sch. 2 para. 2(1) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 6(1) (as amended (1.1.91) by Courts and Legal Services Act 1990 (c. 40, SIF 76:1), s. 90); S.I. 1991/2683, art. 2

Sch. 2 para. 2(1)(2)(2A)(3)(3A)(3B) excluded (22.5.2000) by S.I. 2000/1119, reg. 37(3), Sch. 4 para. 6(3)

C2

Sch. 2 para. 2(1)(a) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 6(1) (as amended (1.1.91) by Courts and Legal Services Act 1990 (c. 40, SIF 76:1), s. 90); S.I. 1991/2683, art. 2

Notes on Schedule 2

Textual amendments

F1

Sch. 2 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 79, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)(cc)

Modifications

C1

Sch. 2 extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 6(1); S.I. 1991/2683, art.2

C2

Sch. 2 applied by Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 9, Sch. 2 para. 6(1D) (as substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 90)