Solicitors Act 1974

12 Discretion of Society with respect to issue of practising certificates in special cases.E+W

(1)Subject to subsections (2) and (3), this section shall have effect in any case where a solicitor applies for a practising certificate—

(a)for the first time; or

(b)not having held a practising certificate free of conditions since the date of his admission; or

(c)[F1when, on what would be the commencement date for the certificate, if it were granted], a period of twelve months or more will have elapsed since he held a practising certificate in force; or

(d)after the Tribunal has ordered a penalty or costs to be paid by him or that he be reprimanded; or

(e)after he has been invited by the Society to give an explanation in respect of any matter [F2relating to]his conduct and has failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory, and has been notified in writing by the Society that he has so failed; or

[F3(ee)when, having been required by section 34(1) to deliver an accountant’s report to the Society, he has not delivered that report within the period allowed by section 34(2); or]

(f)when, having been suspended from practice, the period of his suspension has expired; or

(g)when, having had his name removed from or struck off the roll, his name has been restored to the roll; or

(h)while he is an undischarged bankrupt . . . F4; or

(i)after having been adjudged bankrupt [F5and discharged]or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or

(j)while he is a patient as defined by [F6section 9 of the Mental Health Act 1983](which relates to the judge’s functions in relation to the patient), or while he is a person as to whom powers have been exercised under [F6section 104 of the Mental Health Act 1959 or section 98 of the said Act of 1983](which relates to the judge’s powers in cases of emergency); or

(k)after having been committed to prison in civil or criminal proceedings; or

(l)after having had given against him any judgment which involves the payment of money, not being a judgment—

(i)limited to the payment of costs; or

(ii)as to the whole effect of which upon him he is entitled to indemnity or relief from some other person; or

(iii)evidence of the satisfaction of which has been produced to the Society.

(2)Where a practising certificate free of conditions is issued by the Society under subsection (4) to a solicitor in relation to whom this section has effect by reason of any such circumstances as are mentioned in paragraph (d), (e) [F7(ee)], (f), (g), (i), (k), or (l) of subsection (1) [F7then, except in the case of any circumstances of whose existence the Society is unaware at the time the certificate is issued,], this section shall not thereafter have effect in relation to that solicitor by reason of those circumstances.

(3)Where a solicitor’s practising certificate is suspended by virtue of section 15(1) by reason of his suspension from practice and the suspension of his practising certificate is terminated unconditionally under section 16(4) or (5), then, notwithstanding subsection (1)(f), this section shall not thereafter have effect in relation to that solicitor by reason of that suspension from practice and the expiry of the period of that suspension.

(4)In any case where this section has effect, the applicant shall, unless the Society or the Master of the Rolls otherwise orders, give to the Society not less than six weeks before he applies for a practising certificate notice of his intention so to apply; and, subject to subsections (6) and (7), the Society may in its discretion—

(a)grant or refuse the application, or

(b)decide to issue a certificate to the applicant subject to such conditions as the Society may think fit.

[F8(4A)Without prejudice to the generality of subsection (4)(b)—

(a)conditions may be imposed under that provision for requiring the applicant to take any specified steps that will, in the opinion of the Society, be conducive to his carrying on an efficient practice as a solicitor; and

(b)conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.]

(5)Where the Society decides to issue a certificate subject to conditions, it may, if it thinks fit, postpone the issue of the certificate pending the hearing and determination of any appeal under section 13(2)(b).

(6)The Society shall not refuse an application by a solicitor for a practising certificate in a case where this section has effect by reason only—

(a)that he is applying for the first time; or

(b)that he has not held a practising certificate free from conditions since the date of his admission;

and, in a case falling within paragraph (b), the certificate shall not be made subject to any conditions binding on the applicant in respect of any period more than three years after the date on which the first practising certificate issued to him had effect.

(7)Where a solicitor applies for a practising certificate in a case where this section has effect by reason only of any such circumstances as are mentioned in paragraph (h), (k) or (l) of subsection (1) and an appeal has been made to the appropriate court against the order or judgment in question, the Society shall not refuse the application before the determination of that appeal, unless in the opinion of the Society the proceedings on that appeal have been unduly protracted by the appellant or are unlikely to be successful.