Section 37 Accountant’s certificates.C1C2

This section shall have effect for the purpose of securing satisfactory evidence of compliance with the accounts rules.

Subject to the following provisions of this section, every solicitor F1and F2incorporated practice authorised legal business to whom the accounts rules apply shall, in accordance with the rules made under subsection (3), deliver to the Council a certificate by an accountant (in this section referred to as an “accountant’s certificate”).

The Council shall make rules (in this Act referred to as “accountant’s certificate rules”) prescribing—

The accountant’s certificate rules must include rules providing for a particular solicitor (or solicitors) to be responsible for ensuring compliance with the rules on behalf of an authorised legal business.

The accountant’s certificate rules may include such other provisions as the Council consider necessary or proper for the purpose of giving effect to the foregoing provisions of this section and for regulating any incidental, consequential or supplementary matters.

The delivery of an accountant’s certificate in pursuance of subsection (2) shall not be required in the case of—

If the Council are of the opinion that satisfactory evidence of compliance with the accounts rules for the time being in force will be secured by some method other than by delivery of an accountant’s certificate under subsection (2), they may make rules—

and F15a solicitor who satisfies the Council that he or, as the case may be, an F16incorporated practice authorised legal business which satisfies the Council that it is complying with rules made under this subsection shall not be required to deliver an accountant’s certificate in pursuance of subsection (2).

A certificate under the hand of the secretary of the Society certifying that a specified F17solicitor F18or incorporated practice authorised legal business has or has not, as the case may be, delivered to the Council an accountant’s certificate, or supplied any evidence required from F19him or, as the case may be, it under this section or under the accountant’s certificate rules or, as the case may be, under any rules made under subsection (6), shall, unless the contrary is proved, be evidence of the fact so certified.

Failure by a solicitor to comply with any provision of this section or of the accountant’s certificate rules or of any rules made under subsection (6), so far as applicable to him, may be treated as professional misconduct F20or as unsatisfactory professional conduct.