HC Deb 17 July 1985 vol 83 cc347-8

'For section 23 of the Solicitors Act 1974 there shall be substituted—

"(1) Subject to subsections (2) and (3), any unqualified person who, directly or indirectly, draws or prepares any paperson which to found or oppose—

  1. (a) a grant of probate, or
  2. (b) a grant of letters of administration, shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and liable on summary conviction to a fine not exceeding the first level on the standard scale.

(2) Subsection (1) does not apply to a banister or duly certified notary public.

(3) Subsection (1) also does not apply to any act done by a person at the direction and under the supervision of another person if—

  1. (a) that other person was at the time his employer, a partner of his employer or a fellow employee; and
  2. (b) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this section.".'.—[The Attorney-General.]

Brought up, and read the First time.

5.18 pm
The Attorney-General (Sir Michael Havers)

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Harold Walker)

With this it will be convenient to take the following: New clause 7—Probate work by qualified persons—

'(1) Section 23 of the Solicitors Act 1974 (restriction on persons acting in probate matters when not qualified to act as a solicitor) shall be amended as follows.

(2) After subsection (2) there shall be inserted— (3) Subsection (1) also does not apply to any act done by a person who holds such qualifications as may be specified by the Lord Chancellor in an order made by statutory instrument under this section; (4) An order made by statutory instrument under this section may be varied or revoked by a subsequent order and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

Government amendments Nos. 5, 6 and 27.

The Attorney-General

In Committee an amendment was moved by my hon. Friend the Member for Stafford (Mr. Cash) to clarify the position of unqualified staff who undertake probate work at the direction and under the supervision of a solicitor. I undertook to table a Government amendment on Report to deal with the matter.

The new clause puts beyond doubt the legality of unqualified staff preparing probate papers in those circumstances. As the concept of supervision is not apt for the taking of instruction, we have decided to abolish the statutory restriction in this respect so as to enable solicitors' employees to continue to take instruction in probate matters without the risk of committing an offence.

We have also taken the opportunity to modernise and improve the existing drafting of section 23 of the Solicitors Act 1974.

The other amendments provide for appropriate transitional arrangements, and consequential amendments to clause 8, which relates to incorporated practices.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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