OpenLegislation

Section 32 Accounts rules and trust accounts rules.C1C2C3

England and Wales

(1)

The F1Society shall make rules F2. . . —

F3(a)

as to the opening and keeping by solicitors of accounts at banks or with building societies for money within subsection (1A);

(aa)

as to the operation by solicitors of accounts kept by their clients or other persons at banks or with building societies or other financial institutions;

(b)

as to the keeping by solicitors of accounts containing information as to money received, held or paid by them for or on account of their clients or other persons (including money received, held or paid under a trust); and

(c)

empowering the F4Society to take such action as may be necessary to enable F5it to ascertain whether or not the rules are being F6, or have been, complied with;

F7. . .

F8(1A)

The money referred to in subsection (1) is money (including money held on trust) which is received, held or dealt with for clients or other persons.

(2)

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C4(3)

If any solicitor fails to comply with rules made under this section, any person may make a complaint in respect of that failure to the Tribunal.

C5C6(4)

The F10Society shall be at liberty to disclose a report on or information about a solicitor’s accounts obtained in the exercise of powers conferred by rules made under subsection (1) F11. . . F12. . . for use in investigating the possible commission of an offence by the solicitor F13or any of his employees and . . . for use in connection with any prosecution of the solicitor or any of his employees consequent on the investigation.

(5)

Rules under this section may specify circumstances in which solicitors or any class of solicitors are exempt from the rules F14or a part of the rules.

(6)

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in s. 32(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F2

Words in s. 32(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211(2), Sch. 16 para. 32(2)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(ii)

F3

S. 32(1)(a)(aa)(b) substituted (31.3.2009) for s. 32(1)(a)(b) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F4

Word in s. 32(1)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(d)(i) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F5

Word in s. 32(1)(c) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(d)(ii) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F6

Words in s. 32(1)(c) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(2)(d)(iii) (ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F7

Words in s. 32(1) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(2)(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)(aa)

F8

S. 32(1A) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), (c. 29), ss. 177, 211, {Sch. 16 para. 32(3)} (ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F9

S. 32(2) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(4), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)

F10

Word in s. 32(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(5)(a) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F11

Words in s. 32(4) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(5)(b), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)(f)(ii)(aa)

F12

Words in s. 32(4) repealed (27.9.1999) by 1999 c. 22, ss. 48, 106, Sch. 7 para. 2(a), Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(a)(d)(ii)(a), Sch. 2 Pt. I

F13

Words in s. 32(4) inserted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(5)(c) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F14

Words in s. 32(5) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 32(6) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

F15

S. 32(6) repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 210, 211, Sch. 16 para. 32(7), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i)

Modifications

C1

S. 32 extended (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 89(3)(a)(ii)(4); S.I. 1991/1883, art. 3, Sch.

C2

S. 32 extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 1(3) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(4))

C3

S. 32 applied (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 25

C4

S. 32(3)(4) extended (with modifications) (1.7.2009) by S.I. 2000/1119, Sch. 4 para. 7(2) Table (as amended by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(c))

C5

S. 32(4) extended (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), art. 3(2)(f), Sch.

C6

S. 32(3) extended by S.I. 2000/1119, reg. 37(2), Sch. 4 para. 7(2) (as amended (16.9.2004) by The European Communities (Lawyer's Practice) (Amendment) Regulations 2004 (S.I. 2004/1628), reg. 7(1))