OpenLegislation

Solicitors Act 1974 in Wales

1974 c. 47 · Enacted 31 July 1974 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 January 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 48(2)words substitutedAdministration of Justice Act 1985 Sch. 7 para. 5
s. 49(3)words addedAdministration of Justice Act 1985 Sch. 7 para. 6
s. 1A(d)modifiedLegal Services Act 2007 Sch. 22 para. 12

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

[31st July 1974]I1C1C2C3C4C5

Annotations to the whole text

Modifications

C1

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

C2

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

C3

By 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.

C4

Act: 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)

C5

Act: 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

I1

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

Contents

  1. Part I: Right to Practise as Solicitor
  2. Qualifications and training
  3. 1Qualifications for practising as solicitor.
  4. 1APractising certificates: employed solicitors.
  5. 1BRestriction on practice as sole solicitor Repealed
  6. 2Training regulations.
  7. Admission
  8. 3Admission as solicitor.
  9. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  11. The roll
  12. 6Keeping of the roll.
  13. 7Entry of name and restoration of name struck off.
  14. 8Removal or restoration of name at solicitor’s request.
  15. Practising certificates
  16. 9Applications for practising certificates.
  17. 10Issue of practising certificates.
  18. 10ARegister of holders of practising certificates
  19. 11Fees payable on issue of practising certificates.
  20. 12Discretion of Society with respect to issue of practising certificates in special cases. Repealed
  21. 12AAdditional fee payable by certain solicitors on applying for practising certificates. Repealed
  22. 13Appeals etc in connection with the issue of practising certificates.
  23. 13ZAApplication to practise as sole practitioner while practising certificate in force Repealed
  24. 13ZBFee payable on making of sole solicitor endorsement Repealed
  25. 13AImposition of conditions while practising certificates are in force.
  26. 13BSuspension of practising certificates where solicitors convicted of fraud or serious crime.
  27. 14Commencement, expiry and replacement of practising certificates. Repealed
  28. 15Suspension of practising certificates.
  29. 16Duration of suspension of practising certificates.
  30. 17Publicity in relation to suspension of practising certificates.
  31. 17ASuspension of sole solicitor endorsement Repealed
  32. 17BDuration and publicity of suspension of sole solicitor endorsement Repealed
  33. 18Extracts from the roll or register etc as evidence.
  34. Rights and privileges of solicitors
  35. 19Rights of practising and rights of audience. Repealed
  36. Unqualified persons acting as solicitors
  37. 20Unqualified person not to act as solicitor.
  38. 21Unqualified person not to pretend to be a solicitor.
  39. 22Unqualified person not to prepare certain instruments. Repealed
  40. 22APowers of entry etc. of local weights and measures authorities. Repealed
  41. 23Unqualified person not to prepare papers for probate etc. Repealed
  42. 24Application of penal provisions to body corporate.
  43. 25Costs where unqualified person acts as solicitor.
  44. 26Time limit for commencement of certain proceedings.
  45. 27Saving for persons authorised to conduct legal proceedings. Repealed
  46. Supplementary
  47. 28Regulations.
  48. 29Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2.
  49. 30Evidence as to solicitors in Scotland.
  50. Part II: Professional Practice, Conduct and Discipline of Solicitors and Clerks
  51. Practice rules
  52. 31Rules as to professional practice, conduct and discipline.
  53. Accounts etc.
  54. 32Accounts rules and trust accounts rules.
  55. 33Interest on clients’ money.
  56. 33AInspection of practice bank accounts etc.
  57. 34Accountants’ reports.
  58. Sole solicitors
  59. 34AEmployees of solicitors
  60. 34BEmployees of solicitors: accounts rules etc
  61. Intervention in solicitor’s practice, Compensation Fund and professional indemnity
  62. 35Intervention in solicitor’s practice.
  63. 36Compensation grants.
  64. 36ACompensation funds
  65. 37Professional indemnity.
  66. Inadequate professional services
  67. 37ARedress for inadequate professional services. Repealed
  68. Restrictions on practice as solicitor
  69. 38Solicitor who is justice of the peace not to act in certain proceedings.
  70. 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  71. 40Solicitor not to commence or defend actions while in prison. Repealed
  72. Restrictions on employment of certain persons
  73. 41Employment by solicitor of person struck off or suspended.
  74. 42Failure to disclose fact of having been struck off or suspended.
  75. 43Control of solicitors’ employees and consultants.
  76. 44Offences in connection with orders under section 43(2).
  77. Imposition by Council of disciplinary sanctions for inadequate professional services
  78. 44A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  79. Examination of files
  80. 44BProvision of information and documents by solicitors etc
  81. 44BAPower to require explanation of document or information
  82. 44BBProvision of information and documents by other persons
  83. 44BCInformation offences
  84. Costs of investigations
  85. 44CPower to charge for costs of investigations.
  86. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  87. Disciplinary powers of the Society
  88. 44DDisciplinary powers of the Society
  89. 44EAppeals against disciplinary action under section 44D
  90. Disciplinary proceedings before Solicitors Disciplinary Tribunal
  91. 46Solicitors Disciplinary Tribunal.
  92. 46AFunding of the Tribunal
  93. 47Jurisdiction and powers of Tribunal.
  94. 47A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  95. 48Orders of Tribunal.
  96. 49Appeals from Tribunal.
  97. 49AAppeals to the Tribunal instead of the High Court
  98. Disciplinary proceedings before Supreme Court
  99. 50Jurisdiction of Senior Courts over solicitors.
  100. 51Procedure upon certain applications to High Court.
  101. 52Power of Society to draw up order of court.
  102. 53Production of order of court to Society.
  103. Disciplinary proceedings—general
  104. 54Restrictions on powers to strike names off roll.
  105. 55Applications to require solicitor to answer allegations.
  106. Part III: Remuneration of Solicitors
  107. Non–contentious business
  108. 56Orders as to remuneration for non–contentious business.
  109. 57Non–contentious business agreements.
  110. 58Remuneration of a solicitor who is a mortgagee.
  111. Contentious business
  112. 59Contentious business agreements.
  113. 60Effect of contentious business agreements.
  114. 61Enforcement of contentious business agreements.
  115. 62Contentious business agreements by certain representatives.
  116. 63Effect on contentious business agreement of death, incapability or change of solicitor.
  117. 64Form of bill of costs for contentious business.
  118. 65Security for costs and termination of retainer.
  119. 66Assessments with respect to contentious business.
  120. Remuneration—general
  121. 67Inclusion of disbursements in bill of costs.
  122. 68Power of court to order solicitor to deliver bill, etc.
  123. 69Action to recover solicitor’s costs.
  124. 70Assessment on application of party chargeable or solicitor.
  125. 71Assessment on application of third parties.
  126. 72Supplementary provisions as to assessments.
  127. 73Charging orders.
  128. 74Special provisions as to contentious business done in county courts.
  129. 75Saving for certain enactments.
  130. Part IV: Miscellaneous and General
  131. The Society
  132. 76Non–practising solicitors eligible for membership of Society. Repealed
  133. 77Annual subscription to Society. Repealed
  134. 78Cessation and suspension of membership of Society. Repealed
  135. 79Discharge of the Council's functions
  136. 80Powers to act on behalf of Society.
  137. Miscellaneous
  138. 81Administration of oaths and taking of affidavits. Repealed
  139. 81AFees for administering oaths and taking affidavits. Repealed
  140. 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  141. 83Power of Society to inspect file of proceedings in bankruptcy of solicitor.
  142. 84Service of documents at solicitor’s place of business.
  143. 85Bank accounts.
  144. 86Bankers’ books. Repealed
  145. Supplementary
  146. 86ARules
  147. 87Interpretation.
  148. 88Saving for solicitors to public departments and City of London.
  149. 89Consequential amendments, repeals, savings, etc.
  150. 90Short title, commencement and extent.
  151. Schedule 1: Intervention in Solicitor’s Practice
  152. Part I: Circumstances in which Society may Intervene
  153. 1Paragraph 1
  154. 2Paragraph 2
  155. 3Paragraph 3
  156. 4Paragraph 4
  157. Part II: Powers Exercisable on Intervention
  158. Money
  159. 5Paragraph 5
  160. 6Paragraph 6
  161. 6AParagraph 6A
  162. 6BParagraph 6B
  163. 7Paragraph 7
  164. 8Paragraph 8
  165. Documents
  166. 9Paragraph 9
  167. Mail and other forms of communication
  168. 10Paragraph 10
  169. Trusts
  170. 11Paragraph 11
  171. General
  172. 12Paragraph 12
  173. 13Paragraph 13
  174. 13AParagraph 13A
  175. 14Paragraph 14
  176. 15Paragraph 15
  177. 16Paragraph 16
  178. Schedule 1A: INADEQUATE PROFESSIONAL SERVICES
  179. 1Circumstances in which Council’s powers may be exercised Repealed
  180. 2Directions which may be given Repealed
  181. 3Compensation Repealed
  182. 4Taxation of costs Repealed
  183. 5Failure to comply with direction Repealed
  184. 6Fees Repealed
  185. 7Costs Repealed
  186. 8Duty of Tribunal Repealed
  187. 9Interpretation Repealed
  188. Schedule 2
  189. 1Paragraph 1
  190. 2Paragraph 2
  191. 3Paragraph 3
  192. 4Paragraph 4
  193. 5Paragraph 5
  194. 6Paragraph 6
  195. 7Paragraph 7
  196. Schedule S 3: CONSEQUENTIAL AMENDMENTS
  197. 1Paragraph 1 Repealed
  198. 2Paragraph 2 Repealed
  199. 3Paragraph 3 Repealed
  200. 4Paragraph 4 Repealed
  201. 5Paragraph 5 Repealed
  202. 6Paragraph 6
  203. 7Paragraph 7 Repealed
  204. 8Paragraph 8
  205. 9Paragraph 9 Repealed
  206. 10Paragraph 10 Repealed
  207. Schedule 4ENACTMENTS REPEALED