§ 51 Page 21, line 44, after 'solicitor)' insert 'section 22 of that Act (unqualified person not to prepare certain documents etc)'.
§ 52 Page 21, line 46, leave out from 'audience' to end of line 47.
§ 53 Clause 26, page 23, line 2, after 'solicitor)' insert 'section 22 of that Act (unqualified person not to prepare certain documents etc)'.
§ 54 Page 23, line 4, leave out from 'litigation' to end of line 5.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 51 to 54 inclusive. At the same time I shall speak to Commons Amendments Nos. 108 and 252. The new provision setting out the qualification requirements for appointment to the post of official solicitor requires possession of a 10-year general qualification. Since that relates to the rights of audience it will therefore be possible for a person to be appointed to the office who does not have full rights to conduct litigation or prepare papers for probate. These amendments will ensure that an official solicitor, by virtue of appointment to that office, will have the necessary rights and requirements to perform all his or her functions.
These changes have caused us to look again at the provisions in the Solicitors Act 1974 dealing with prohibitions. As a result, Section 22 of the Act, which prohibits an unqualified person from preparing certain documents, has been added in Clauses 25(10) and 26(6) to those provisions which shall not apply in relation to acts done in exercise of a right of audience or a right to conduct litigation. These amendments will additionally remove from Clauses 25(10) and 26(6) the words,
duly granted in accordance with the provisions of this Act",as they are unnecessarily restrictive. I beg to move.Moved, That the House do agree with the Commons in their Amendments Nos. 51 to 54.—(The Lord Chancellor.)
§ On Question, Motion agreed to.