HC Deb 28 October 1985 vol 84 cc731-3

1. In section 16(1) (appeal to Court of Session against decisions of Council in relation to practising certificates)—

  1. (a) after the word "where" there shall be inserted "(a)"; and
  2. (b) after the word "applicant" there shall be inserted ";
    1. (b) the Council refuse to recognise a body corporate as being suitable in terms of section 34(1A)(b), the body corporate".

2. In section 18 (suspension of practising certificates)— (a) after subsection (1) there shall be inserted the following subsection— (1A) If—

  1. (a) an administration or winding up order, or an appointment of a provisional liquidator, liquidator, receiver or judicial factor has been made in relation to the incorporated practice; or
  2. (b) a resolution has been passed for the voluntary winding up of an incorporated practice (other than a resolution passed solely for the purposes of reconstruction or amalgamation of the incorporated practice with another incorporated practice),
the recognition under section 34(1A) of the incorporated practice shall be thereby revoked."; (b) after subsection (3) there shall be inserted the following subsection'— (3A) On the occurrence of the circumstances mentioned in—
  1. (a) paragraph (a) of subsection (1A), the administrator, provisional liquidator, liquidator, receiver or, as the case may be, judicial factor appointed in relation to the incorporated practice;
  2. (b) paragraph (b) of subsection (1A), the incorporated practice
shall immediately intimate that fact to the Council.".

3. In section 21(3) (definition of "consultant" in relation to requirement upon consultants to hold practising certificates).— (a) after the word "who" there shall be inserted "(a)"; (b) after the word "name", where thirdly occurring, there shall be inserted— (b) not being a director of an incorporated practice, causes or permits his name to be associated with that incorporated practice,".

4. In section 26 (offence for solicitors to act as agents for unqualified persons)—

  1. (a) in subsection (1)—
    1. (i) after the word "who" there shall be inserted the words "incorporated practice which";
    2. (ii) in each of paragraphs (b) and (d) after the word "his" there shall be inserted "or, as the case may be, its";
  2. (b) in subsection (3) there shall be inserted at the end the words "but "unqualified person" does not include an incorporated practice".

5. In section 27 (offence for solicitors to share fees with unqualified person)—

  1. (a) in subsection (1)—
    1. (i) after the word "solicitor" there shall be inserted the words "or incorporated practice";
    2. (ii) after the word "him" there shall be inserted the words "or, as the case may be. it";
  2. (b) in subsection (2)—
    1. (i) after the "solicitor", where first occurring, there shall be inserted the words "or incorporated practice";
    2. (ii) in paragraph (a) after the word "him" there shall be inserted the words "or, as the case may be, to it, and after the word "business", where secondly occurring, there shall be inserted the words "or former director of the incorporated practice":
    3. (iii) in paragraph (b), after the word "business", where first occurring, there shall be inserted the words "or, as the case may be, a director or member of the incorporated practice" and after the word "he" there shall be inserted the words "or, as the case may be, it";
    4. (iv) in paragraph c) after the word "him" there shall be inserted the words "or, as the case may be, it"

6. In section 28 (disqualified solicitors not to seek employment without informing employer)—

  1. (a) after the word "practice" where thirdly occurring, there shall be inserted the words "or by an incorporated practice";
  2. (b) after the word "him" there shall be inserted the words "or, as the case may be, it".

7. In section 30 (liability for fees of another solicitor)—

  1. (a) after the word "solicitor", where first occurring, there shall be inserted the words "or an incorporated practice";
  2. (b) after that word, where secondly and thirdly occurring, there shall be inserted the words "or incorporated practice";
  3. (c) after the word "he" in each place where it occurs, there shall be inserted the words "or, as the case may be, it";
  4. (d) after the word "solicitor's" there shall be inserted the words "or incorporated practice's".

8. Section 31 (offence for unqualified persons to pretend to be solicitors or notaries public) shall be renumbered as subsection (1) of that section and— (a) in that subsection (as so renumbered) there shall be inserted at the end the following— In this section, "unqualified person" does not include an incorporated practice"; (b) after that subsection there shall be inserted the following subsections (2) Any person (including a body corporate) who either by himself or together with others, wilfully and falsely—

  1. (a) pretends to be an incorporated practice;
  2. (b) takes or uses any name, title, addition or description implying that he is an incorporated practice,
shall be guilty of an offence. (3) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, the director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.".

9. In section 32(2) (persons to whom offence of preparing certain documents does not apply) there shall be inserted at the end the following—"; or

  1. (e) an incorporated practice.".

10. In section 33 (unqualified persons not entitled to fees etc.) there shall be inserted at the end— This section does not apply to an incorporated practice.".

11. After section 33 there shall be inserted the following section—