1991 No. 2684

LEGAL PROFESSION

The Solicitors' Incorporated Practices Order 1991

Made

Laid before Parliament

Coming into force

The Lord Chancellor, in exercise of the powers conferred on him by section 9(7) of the Administration of Justice Act 1985 1hereby makes the following Order:–

Citation and commencement1

This Order may be cited as the Solicitors' Incorporated Practices Order 1991 and shall come into force on 1st January 1992.

Scope2

1

Article 4 of this Order shall apply to the enactments and instruments specified in Schedule 1 to this Order to the extent specified in that Schedule and subject to the provisions of the Administration of Justice Act 1985, Schedule 2, paragraphs 36 and 37.

2

Article 4 of this Order shall apply to the enactments and instruments specified in Schedule 2 to this Order to the extent specified in that schedule and subject to the additions, omissions and other modifications set out in that Schedule.

Interpretation3

In this Order:–

  • “recognised body” means a body corporate recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985;

  • “member” means a person whose name is entered on the register of members of a recognised body;

  • “beneficial owner” means a person on whose behalf a member holds any share in a recognised body as his nominee;

  • “holding company” and

  • “subsidiary” have the meanings assigned to them by Section 786 of the Companies Act 19852 and “associated” in relation to two or more companies means two or more companies that are subsidiaries of the same holding company.

Modifications of existing legislation4

In any enactment or instrument to which this article applies:–

a

any reference to a solicitor or solicitors shall be construed as including a reference to a recognised body;

b

any reference to a firm of solicitors shall be construed as including a reference to a recognised body;

c

any reference to a solicitor’s firm shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as a reference to that recognised body;

d

any reference to a solicitor’s partner shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as a reference to that recognised body or to any other solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to a recognised body which is itself a member of or a beneficial owner of any share in that recognised body;

e

any reference to a solicitor’s partner shall be construed, in relation to a recognised body which is itself a partner of that solicitor, as including a reference to any other solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to another recognised body which is itself a member of or a beneficial owner of any share in that recognised body;

f

any reference to a partner in or of a firm of solicitors shall be construed, in relation to a recognised body, as a reference to a solicitor who is a director or member of or a beneficial owner of any share in that recognised body or to another recognised body which is itself a member of or a beneficial owner of any share in that recognised body;

g

any reference to the employee or clerk of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as including a reference to a director, employee or clerk of that recognised body or any other recognised body which is its holding, associated or subsidiary company;

h

any reference to a solicitor’s employee or clerk shall be construed, in relation to a solicitor who is a director or employee of a recognised body, as including a reference to a director, employee or clerk of that recognised body or any other recognised body which is its holding, associated or subsidiary company;

i

any reference to the agent or client of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as including a reference to an agent or client of that recognised body;

j

any reference to a solicitor’s agent or client shall be construed, in relation to a solicitor who is a director or employee of a recognised body, as including a reference to an agent or client of that recognised body;

k

any reference to a person’s solicitor shall be construed as including a reference to a recognised body which is acting for that person;

l

any reference to a solicitor’s practice or to the business of a solicitor shall be construed as including a reference to the practice or business of a recognised body;

m

any reference to a solicitor carrying on the business of a solicitor shall be construed, in relation to a solicitor who is a director or member of or a beneficial owner of any share in a recognised body, as including a reference to his participation in the business of that recognised body;

n

any reference to the address, place of business, business address, office or offices of a solicitor, solicitors or a firm of solicitors shall be construed, in relation to a recognised body, as a reference to the address specified by the recognised body as its address in the matter in question, or, in the absence of a specified address, to its registered office and any reference to notices or other documents being sent or delivered to or served on a solicitor, solicitors or firm of solicitors shall be construed accordingly;

o

“he”, “him” or “his” shall be construed in relation to a recognised body as meaning “it” or “its”.

Effects of Courts and Legal Services Act 19905

Wherever in one of the enactments to which this Order applies, the word “solicitor” is replaced by virtue of Section 125 of the Courts and Legal Services Act 19903 by “authorised litigator” or “legal representative” that term shall be construed to include a recognised body.

Mackay of Clashfern, C.

SCHEDULE 1

STATUTES WHICH APPLY TO RECOGNISED BODIES

Chapter

Short title

Extent

1809 c. 126

Sale of Offices Act

Section 6

1837 c. 37

Chartered Companies act

Section 27

1845 c. 18

Land Clauses Consolidation Act

Section 134

1847 c. 69

House of Commons Costs Taxation Act

The whole Act

1849 c. 78

House of Lords Costs Taxation Act

The whole Act except Section 2

1862 c. 53

Land Registry Act

Section 15

Section 131

1865 c. 27

Parliamentary Costs Act

Section 3

1867 c. 48

Sale of Land by Auction Act

Section 3

1874 c. 81

Great Seal (Offices) Act

Section 5

1879 c. 17

House of Commons Costs Taxation Act

Section 1

1891 c. 8

Tithe Act

Section 5(2)

1906 c. 55

Public Trustee Act

The whole Act

1914 c. 47

Deeds of Arrangement Act

Section 15(1)

1922 c. 16

Law of Property Act

The whole Act

1925 c. 18

Settled Land Act

The whole Act

1925 c. 19

Trustee Act

Section 23(1) & (3)(a),(b) & (c) Section 59

1925 c. 20

Law of Property Act

The whole Act except Section 75

1925 c. 21

Land Registration Act

Section 144(1)(iii)

1925 c. 24

Universities and College Estates Act

Section 26(viii)

1928 c. 43

Agricultural Credits Act

Schedule para. 7

1931 c. 33

Architects (Registration) Act

Section 7(5)

1933 c. 1

Benefices (Purchase of Rights of Patronage) Measure

Section 3(xiii)

1943 c. 25

Settled Land and Trustee Acts (Court’s General Powers) Act

Section 1(5)

1947 c. 2

Church Commissioners Measure

Section 6(2)(d)

1947 c. 44

Crown Proceedings Act

The whole Act

1953 c. 23

Accommodation Agencies Act

Section 1(3)

1957 c. 52

Geneva Conventions Act

Section 3(3),& (5)

1958 c. 52

Costs of Leases Act

Section 1

1959 c. 49

Chevening Estate Act

Schedule para. 36

1960 c. 58

Charities Act

Section 26(1),(2) & (3)

1962 c. 37

Building Societies Act

Section 34(4)

1964 c. 26

Licensing Act

Section 28(3)

1964 –

Faculty Jurisdiction Measure

Section 1(3)

1965 c. 36

Gas Act

Section 5(9)

1967 c. 80

Criminal Justice Act

The whole Act

1969 c. 59

Law of Property Act

The whole Act

1970 c. 9

Taxes Management Act

Section 20B(3) Section 50(5)

1970 c. 31

Administration of Justice Act Schedule 3 para. 7(2)

1971 c. 27

Powers of Attorney Act

Section 3(1)(b)

1973 c. 41

Fair Trading Act

Schedule 4 para. 1

1947 c. 39

Consumer Credit Act

Section 146(2) & (4)

1975 c. 14

Social Security Act

Section 152

1975 c. 65

Sex Discrimination Act

Section 75(2)(c) & (d)

1976 c. 30

Fatal Accidents Act

Section 2(4)

1976 c. 74

Race Relations Act

Section 66(2)(c) & (d)

1977 –

Incumbents (Variation of Benefices) Measure

Section 15(2)

1977 c. 37

Patents Act

Section 103 Section 114(5)

1979 c. 2

Customs and Excise Management Act

Schedule 3 paras. 4(1) & (2) & 9(b)

1979 c. 55

Justices of the Peace Act

Section 51

1980 c. 43

Magistrates' Courts Act

Section 12(2)

1983 – Pastoral Measure (No. 1)

Schedule 2 para. 11

1984 c. 12

Telecommunications Act

Section 52(3)(c) & (d)

1984 c. 28

County Courts Act

The whole Act except Sections 9,10,13(1) & 13(2), 60(1), 61,75(7) & 147

1984 c. 39

Video Recordings Act

Section 19(5)(a)(b) & (c)

1984 c. 60

Police and Criminal Evidence Act

Section 40(13) Section 42(7)

1985 c. 6

Companies Act

Section 434(4)

1985 c. 68

Housing Act

Section 170(4)(c) & (d)

1986 c. 45

Insolvency Act

The whole Act except Section 413 and Schedule 7

1986 c. 53

Building Societies Act

Section 55(6)(a) Section 57(1) Section 67(1) & (7) Section 69(3)(a) & (17)

1986 c. 60

Financial Services Act

The whole Act except Section 45 Section 180 & Schedule 6

1988 c. 1

Income and Corporation Taxes Act

The whole Act except Sections 201 & 684

1988 c. 34

Legal Aid Act

The whole Act

1988 c. 42

Employment Act Section 20(3)(a) & (b)

1988 c. 48

Copyright, Designs and Patents Act

Section 276(7)(b) Section 288(4)

1988 c. 50

Housing Act

Section 82(3)(c) & (d) Section 107(3)(c) & (d)

1988 c. 53

Road Traffic Offenders Act

Section 24(4)(a)

1989 c. 26

Finance Act

Schedule 5(3)(c)

1989 c. 41

Children Act

The whole Act except Section 41(8)

STATUTORY INSTRUMENTS WHICH APPLY TO RECOGNISED BODIES

Reference

Title

Extent

S.I. 1898/496

Light Railways (Costs) Rules

Scale No. 3

S.I. 1899/141

Benefices Rules

The whole instrument except Schedule 2 Form 50

S.I. 1904/256

Rules with Respect to Applications under The Railways (Electrical Power) Act 1903

Rule 6

S.I. 1912/348

Public Trustee Rules

The whole instrument except Rule 30

S.I. 1925/779

Statutory Form of Conditions of Sale

The whole instrument

S.I. 1925/795

Deeds of Arrangement Rules

The whole instrument

S.I. 1925/857

Renewable Leasehold Regulations

Regulation 2(1)(b)

S.I. 1925/1093

Land Registration Rules

The whole instrument except Rules 38, 189 & 300 and the Schedule

S.I. 1925/1128

Filing of Leases Rules

The whole instrument except the Schedule

S.I. 1926/448

Workmen’s Compensation Rules

The whole instrument except Rule 35

S.I. 1926/461

Supreme Courts Documents (Production) Rules

Appendix No. 1

S.I. 1927/196

Ministry of Transport (Light Railways Procedure) Rules

The whole instrument

S. I. 1939/1466

Prize Court Rules

The whole instrument exceptOrder XII, Rule 6, Order XV, Rule 18, Order XIX, Rule 1 Appendix A

S.I. 1951/153

Trading With The Enemy (Custodian) (No. 5) Order

Article 4(c)

S.I. 1951/1401

Reserve and Auxiliary Forces (Protection of Civil Interests) Rules

Rule 17(3) Appendix Form 3

S.I. 1954/796

Non-Contentious Probate Rules

Rule 2(2) Rule 3(1) & (2)

S.I. 1954/796

Non-Contentious Probate Rules

Rule 4(3)(b) Rule 5(4) Rule 44(3) Rule 59(1)

1S.I. 956/552

Rules of the Supreme Court (Non-Contentious Probate Costs) Rule 1(2),(5) & (7)(a) & (b)

S.I. 1959/640

Foreign Compensation Commission

Rule 31

(Egyptian Claims) Rules Rule 33(2)

S.I. 1959/1301

Geneva Conventions Act (Colonial Territories) Order in Council

Schedule 2 para. 3(2),(3),(5a)

S.I. 1960/543

Election Petition Rules

The whole instrument except Rule 5 and the Schedule

S.I. 1964/388

Prison Rules

Rule 37A

S.I. 1964/1755

Ecclesiastical Jurisdiction (Discipline) Rules

The whole instrument except Rule 50

S.I. 1965/251

Ecclesiastical Jurisdiction (Faculty Appeals)

Rules Rule 11(3)

S.I. 1965/1101

Industrial Tribunals (England and Wales)

Schedule 1

Regulations

Schedule 2

S.I. 1965/1500

County Courts Funds Rules

Rule 8(4)

S.I. 1965/1506

Performing Right Tribunal Rules

Rule 26(4)

S.I. 1965/1687

Transport Tribunal Rules

The whole instrument except Rule 27 & Schedule 1

S.I. 1965/1776

Rules of the Supreme Court (Revision)

The whole instrument except Order 75 Rule 16, Order 81 Rule 3(2)(b) & Order 106 Rule 7(a) & (e)

S.I. 1966/1471

Commons Registration (General) Regulations

Regulation 32 paras. (2) & (3)

S.I. 1967/1002

Faculty Jurisdiction Rules

The whole instrument except Rule 11A

S.I. 1967/1310

Industrial and Provident Societies Regulations

Regulation 4

S.I. 1967/1879

Leasehold Reform (Enfranchisement and Extension) Regulations Schedule Part I para. (2),8(b),9(2) & 12 Schedule Part II, para 4(2) + 7

S.I. 1969/842

Foreign Compensation Commission (USSR) Rules Approval Instrument

The whole instrument except Rule 37(1)(a),(d) & (2)

S.I. 1969/1347

Air Navigation (Investigation of Combined Military and Civil Air Accidents) Regulations

Regulation 13(3)

S.I. 1969/1843

Commons Registration (New Land) Regulations

Regulation 2(6)

S.I. 1970/376

National Insurance (Industrial Injuries) (Colliery Workers Supplementary Scheme) Amendment and Consolidation Order

Schedule 1, Article 12(6)

S.I. 1970/1696

Restriction on Agreements (Estate Agents) Order

Article 2(1)

S.I. 1971/1991

Magistrates' Courts (Blood Tests) Rules

The whole instrument except the Schedule

S.I. 1971/2084

Indictments (Procedure) Rules

Rule 7

S.I. 1972/219

Foreign Compensation Commission (Egypt)

Rule 35

Rules Approval Instrument

Rule 37(2)

S.I. 1972/1139

Solicitors' Remuneration Order

The whole instrument

S.I. 1973/1958

Isles of Scilly (Sale of Intoxicating Liquour) Order

Article 15(1)

S.I. 1974/85

Misuse of Drugs Tribunal (England and Wales) Rules

Rule 18(1) & (2)

S.I. 1974/455

National Health Service (Service Committees and Tribunal) Regulations

Regulation 50(2)

S.I. 1974/1286

Land Changes Rules

Rule 13(2)

S.I. 1974/1837

Legal Officers Fees Order

Schedule

S.I. 1975/299

Lands Tribunal Rules

The whole instrument except Rule 44

S.I. 1975/1803

Supreme Court Funds Rules

Rule 43(1)

S.I. 1975/1993

Sex Discrimination (Formal Investigation) Regulations

Regulation 3(d)

S.I. 1975/2048

Sex Discrimination (Questions and Replies) Order

Article 6(d)

S.I. 1976/1646

Foreign Compensation Commission (Roumania) Rules Approval Instrument

The whole instrument except Rule 37(1)(d) & Rule 37(3)

S.I. 1976/1897

Restrictive Practices Court Rules

Rule 7

S.I. 1976/1899

Restrictive Practices Court (Resale Prices) Rules

Rule 6(c) Rule 12

S.I. 1977/344

Matrimonial Causes Rules

The whole instrument except Rules 69, 113 & 115 & Appendix 1

S.I. 1977/577

Police (Withdrawn, Anonymous, etc, Complaints) Regulations

Regulation 3(1) Schedule para. 4(b)(ii)

S.I. 1977/841

Race Relations (Formal Investigations) Regulations

Regulation 3(d)

S.I. 1977/842

Race Relations (Questions and Replies) Order

Article 6(d)

S.I. 1978/20

Pharmaceutical Society (Statutory Committee) Order of Council

Appendix Regulation 17 Appendix Regulation 19

S.I. 1978/951

Vacation of Benefices (Legal Aid) Rules

Rule 2(2)

S.I. 1978/1910

European Communities (Services of Lawyers) Order

Article 5 Article 6(c)

S.I. 1979/236

Control, of Off-Street Parking Outside Greater London (Appeals Procedure) (England and Wales) Regulations

Schedule 1 para. 2

S.I. 1979/399

Matrimonial Causes (Costs) Rules

The whole instrument except Rules 10 & 13

S.I. 1979/521

[European Parliamentary] Election Petition Rules

The whole instrument except Rule 5 and the Schedule

S.I. 1979/937

Industrial and Provident Societies (Credit Unions) Regulations

Regulation 13

S.I. 1979/1456

Imprisonment and Detention (Army) Rules

Rule 2

S.I. 1979/1644

National Health Service (Vocational Training) Regulations

Regulation 12(b)

S.I. 1980/821

Supreme Court Fees Order

The whole instrument

S.I. 1981/552

Magistrates' Courts Rules

The whole instrument except Rule 4, Rule 7, Rule 25, Rule 33, & Rule 107

S.I. 1981/1123

County Courts Jurisdiction Order

Article 2

S.I. 1981/1687

County Court Rules

The whole instrument except Order 10, Rule 2 Order 14, Rule 10(4) Order 14, Rule 11(5) Order 29, Order 35 Order 38, Rule 1 Order 38, Rule 8 Order 38, Rule 19A Order 38, Rule 25 Order 49, Rule 17 Order 49, Rule 18

S.I. 1982/1109

Crown Court Rules

Schedule 4

S.I. 1982/1110

Foreign Compensation Commission (Czechoslovakia) Rules Approval Instrument

Rule 35 Rule 37(2)

S.I. 1982/1706

County Court Fees Order

Schedule I

S.I. 1983/569

Detention Centre Rules

The whole instrument

S.I. 1983/570

Youth Custody Centre Rules

The whole instrument

S.I. 1983/585

Licensed Dealers (Conduct of Business) Rules

Rule 9(1)(c)

S.I.1983/587

Dealers in Securities (Licensing) Regulations

Schedule 1 Part I para. 1(a)

S.I. 1983/942

Mental Health Review Tribunal Rules

Rule 12(3)(a)

S.I. 1984/176

Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations

Regulation 18(b)

S.I. 1984/2035

Court of Protection Rules

Rule 13(4)(b) Rule 20 Rule 30(2) Rule 47(2)(a) Rule 48(2)

S.I. 1985/520

Police (Complaints) (General) Regulations

Regulation 11(1)

S.I. 1985/1807

Register of County Court Judgements Regulations

Regulation 5(5)

S.I. 1985/1846

Crown Prosecution Service (Transfer of Staff) Regulations

Schedule 1

S.I. 1986/127

Court of Protection (Enduring Powers of Attorney) Rules.

The whole instrument except Schedule 1

S.I. 1986/262

Control of Off-Street Parking In Greater London (Appeals Procedure) Regulations

Schedule 1 para. 2

S.I. 1986/264

Control of Off-Street Parking (Appeals Procedure)(England and Wales Metropolitan Districts) Regulations

Schedule 1 para. 2

S.I. 1986/1046

Occupationsl Pension Schemes (Disclosure of Information) Regulations

Schedule 5 para. 3

S.I. 1986/1335

Costs In Criminal Cases (General) Regulations

Regulation 6(3)(a)

S.I. 1986/1399

Land Registration Fee Order

The whole instrument

S.I. 1986/1925

Insolvency Rules

The whole instrument except Rules 4.12, 4.215, 6.12, 6.175, 6.235, 7.53, 7.54, 7.57 & 9.4 & Schedule 4

S.I. 1986/1953

Air Navigation (Investigation of Air Accidents involving Civil and Military Aircraft or Installations) Regulations

Regulation 12(3)

S.I. 1987/143

Foreign Compensation Commission (USSR) Rules Approval Instrument

Rule 26

S.I. 1987/516

Stamp Duty (Exempt Instruments) Regulations

Regulation 3(c)(i) & (ii)

S.I. 1987/821

Court Funds Rules

The whole instrument

S.I. 1987/851

Police Regulations

Regulation 53(10)(b)

S.I. 1987/1496

Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) Rules Approvals Order

The whole instrument except the Schedule Part II

S.I. 1987/2024

Non-Contentious Probate Rules

The whole instrument except and Rules 20, 22, 38 & 46 & Schedule 1

S.I. 1988/153

Foreign Compensation Commission (People’s Republic of China) Rules Approval Instrument

Rule 26

S.I. 1988/629

Land Registration (Official Searches) Rules

Rule 8(1)

S.I. 1988/665

Land Registration Fee Order

Article 3(2), Article 4

S.I. 1988/913

Magistrates' Courts (Children and Young Persons) Rules

The whole instrument

S.I. 1988/1695

Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules

Rule 6(2)

S.I. 1988/1699

Criminal Justice Act 1987 (Preparatory Hearings) Rules

Rule 9(2)

S.I. 1988/1700

Criminal Justice Act 1987 (Preparatory Hearings) (Interlocutory Appeals)Rules

Rule 11(2)

S.I. 1988/1980

Patronage (Appeals) Rules

The whole instrument except Rule 23 & the Appendix

S.I. 1989/19

Criminal Appeal (Reviews of Sentencing) Rules

Rule 5(1)(e)

S.I. 1989/28

Financial Services Act 1986 (Single Property Schemes) (Exemption) Regulations

Regulation 3(2)(b) Regulation 5(b)

S.I. 1989/339

Civil Legal Aid (General) Regulations

The whole instrument

S.I. 1989/340

Legal Advice and Assistance Regulations

The whole instrument

S.I.1989/341

Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations

The whole instrument

S.I. 1989/342

Legal Advice and Assistance at Police Stations Remuneration) Regulations

The whole instrument

S.I. 1989/343

Legal Aid in Criminal and Care Proceedings(Costs) Regulations

The whole instrument except Regulation 6(4) & Schedule 1 Part I

S.I. 1989/344

Legal Aid in Criminal and Care Proceedings (General) Regulations

The whole instrument

S.I. 1989/550

Legal Advice and Assistance (Scope) Regulations

The whole instrument

S.I. 1989/1597

Magistrates' Courts (Extradition) Rules

Rule 4(4)

S.I. 1990/172

Land Registration Fee Order

Article 3(2), Article 4(2)

S.I. 1990/3011

Common Land (Rectification of Registers) Regulations

Schedule 1

S.I. 1990/314

Land Registration Rules

The whole instrument

SCHEDULE 2

STATUTES WHICH APPLY TO RECOGNISED BODIES WITH ADDITIONS, OMMISSIONS AND MODIFICATIONS

Chapter

Short Title

Extent and modifications

1849 c. 78

House of Lords Costs Taxation Act

Section 2 – the reference to the bill or accompanying letter being subscribed with proper hand of the “solicitor, or in the case of a partnership by any of the partners, either with his own name or with the name of such partnership” shall be construed, in relation to a recognised body, as a reference to the bill or accompanying letter being subscribed by a director of that recognised body.

1974 c. 23

Juries Act

Schedule 1 Part 1 Group B – The first reference to “solicitors” shall not be construed as applying to recognised bodies.

1979 c. 38

Estate Agents Act

Section 1(2)(a) & 1(5)(a) – “practising solicitor” includes a recognised body practising as such.

1981 c. 54

Supreme Court Act

Sections 100(5), 101(2) & 102(6) – the references to the partner of a deputy district registrar or time registrar shall be construed as if they were references to a solicitor’s partner.

1984 c. 28

County Courts Act

Sections 10(5), 13(1) & 13(2) – the reference to the partner of an officer of the court, deputy registrar and part-time registrar shall be construed as if they were references to a solicitor’s partner.

Section 60(1) – the reference to the name of the firm of which the solicitor is a director or employee of a recognised body, as a reference to the name of that recognised body.

Section 60(1)(d) – the first reference to “solicitor” does not include a recognised body. The reference to “a solicitor on therecord”includes a recognised body acting generally in the proceedings for a party to them.

Section 60(1)(e) – the first reference to “solicitor” does not include a recognised body. The reference to “a solicitor on the record”includes a recognised body acting generally in the proceedings for a party to them.

Section 60(1)(f) – the first reference to “solicitor” does not include a recognised body. The reference to “a solicitor so engaged” includes a recognised body engaged as an agent by a solicitor on the record as defined in Section 60(1)(c) or by a recognised body acting generally in the proceedings for a party to them.

1988 c. 48

Copyright, Designs and Patents Act

Section 278(1) – the reference to “a solicitor” does not include a recognised body. The reference to “a firm of solicitors” being described as “a firm of patent attorneys” shall be construed as including a recognised body being described as “patent attorneys”.

STATUTORY INSTRUMENTS WHICH APPLY TO RECOGNISED BODIES WITH ADDITIONS, OMISSIONS AND MODIFICATIONS

Reference

Title

Extent and modifications

S.I. 1939/1466

Prize Court Rules

Order XII, Rule 6 – the reference to a “person in partnership” with a commissioner shall be construed as if it were a reference to a solicitor’s partner.

S.I. 1956/962

Foreign Compensation Commission Rules

In Rule 33(1)(d), the first, second and fourth references to “solicitor” shall include a recognised body acting generally in the proceedings.

S.I. 1959/640

Foreign Compensation Commission (Egyptian Claims) Rules

In Rule 33(1)(d) the first, second and fourth reference to “solicitor” shall not be construed as referring to a recognised body. “That solicitor” shall include a recognised body acting generally in the proceedings.

S.I. 1964/388

Prison Rules

Rule 99(1) – in the definition of “legal adviser”, in relation to visits to a prisoner, “solicitor” shall not include a recognised body but “a clerk acting on behalf of his solicitor” shall include a clerk acting on behalf of a recognised body. In relation to correspondence, “solicitor” shall include a recognised body.

S.I. 1965/1776

Rules of the Supreme Court Revision

Order 75 Rule 16 – the first and second references to “solicitor” in paragraph (1) shall not apply to a recognised body.

Order 81 Rule 3(2)(b) – the reference in sub-paragraph (i) to “the plaintiff’s solicitor” does not apply to a recognised body. The reference to “that solicitor” shall be construed as including a recognised body acting for the plaintiff.

Order 106 Rule 7(a) & (e) – the references to “every member of the firm” shall not apply in the case of a recognised body.

S.I. 1969/842

Foreign Compensation Commission (USSR) Rules Approval Instrument

Rule 37(1)(d) – the first, second & fourth references to “solicitor” shall not be construed as referring to a recognised body. “That solicitor” shall include a recognised body acting generally in the proceedings.

S.I. 1970/596

General Medical Council Disciplinary Committee (Procedure) Rules Order of Council “The Solicitor” has the meaning assigned to it by Rule 2(1) of the Order as hereby applied and modified; “any Solicitor”refers to an individual solicitor only; and the reference to any member of a firm of solicitors shall be construed in relation to a recognised body as meaning a solicitor who is a director or employee of that body.

S.I. 1972/219

Foreign Compensation Commission (Egypt) Rules Approval Instrument

Rule 37(1)(d) – the first, second & fourth reference to “solicitor” shall not be construed as referring to a recognised body. “That solicitor” shall include a recognised body acting generally in the proceedings.

S.I. 1974/1286

Land Charges Rules

Rule 6 – the reference to “a practising solicitor” shall be construed as including a reference to a recognised body practising as such.

S.I. 1976/1646

Foreign Compensation Commission (Roumania) Rules Approval Instrument

Rule 37(1)(d) – the first, third, fifth & seventh references to “solicitor” do not refer to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant.

S.I. 1976/1777

Hong Kong Supreme Court (Admiralty Procedure) Rules Order

Schedule – in para. 9, the first reference to “solicitor” does not apply to a recognised body.

S.I. 1980/860

General Medical Council (Fraud or Error in relation to Registration) Rules, Order of Council

“The Solicitor” has the meaning assigned to it by Appendix, Rule 2 of the Order as hereby applied and modified; “any Solicitor” refers to an individual solicitor only; and the reference to any member of a firm of solicitors shall be construed in in relation to a recognised body as meaning a solicitor who is a director or employee of that body.

S.I. 1982/1110

Foreign Compensation Commission (Czechoslavakia) Rules Approval Instrument

Rule 37(1)(d) – the first, third, fifth & seventh references to “solicitor” do not refer to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant.

S.I. 1987/143

Foreign Compensation Commission (USSR) Rules Approval Instrument

Rule 28(d) – the first, third, fifth & seventh references to solicitor do not refer Instrument to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant.

S.I. 1987/2174

General Medical Council Health Committee (Procedure) Rules, Order of Council

“The solicitor” has the meaning assigned to it by Appendix, Rule 2(1) of the Order as hereby applied and modified; the reference to “any Solicitor” refers to an individual solicitor only; and the reference to any partner of a firm of solicitors shall be construed in relation to a recognised body as meaning a solicitor who is a director or employee of that body.

S.I. 1988/153

Foreign Compensation Commission (People’s Republic of China) Rules Approval Instrument

Rule 28(d) – the first, third, fifth & seventh references to “solicitor” do not refer to a recognised body. The references to “a solicitor on the record” shall be construed as including a recognised body acting generally in the proceedings for an applicant. The reference to “a solicitor so engaged” shall be construed as including a recognised body engaged as an agent by a solicitor or recognised body acting generally in the proceedings for an applicant.

S.I. 1988/646

Banking Act 1987 (Exempt Transactions) Regulations

Regulation 8(1) – the reference to “a practising solicitor in the course of his profession” shall be construed as including a recognised body in the course of providing professional services such as are provided by individuals practising as solicitors or by multi-national partnerships as defined in section 89 of the Courts and Legal Services Act 1990.

Regulation 8(2) – the definition “practising solicitor” shall also include a recognised body; but the words “a firm of practising solicitors” shall have no reference to a recognised body or recognised bodies.

S.I. 1988/2255

General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council

“The Solicitor” has the meaning assigned to it by Appendix, Rule 2(1) of the Order as hereby applied and modified; “any solicitor” refers to an individual solicitor Council only; and the reference to any partner of a firm of solicitors shall be construed in relation to a recognised body as meaning a solicitor who is a director or employee of that body.

S.I. 1989/1837

General Medical Council Professional Conduct Committee (EC Practitioners) (Procedure) Rules Order of Council “The Solicitor” has the meaning assigned to it by Appendix, Rule 2(1) of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 (S.I. 2255) as applied and modified by this Schedule.

(This note is not part of the Order)

Section 9 of the Administration of Justice Act 1985 empowers the Council of the Law Society (with the concurrence of the Master of the Rolls) to make rules to regulate the formation of bodies corporate (referred to as “recognised bodies”) for the purpose of providing legal services. This Order provides for certain enactments passed or made before the commencement of section 9 which have effect in relation to solicitors to apply to recognised bodies, in some cases with amendments. £0.00 net