ADMINISTRATION OF JUSTICE ACT 1985

Introductory Text

Administration of Justice Act 1985

1985 CHAPTER 61

An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the Solicitors Act 1974; to regulate the provision of solicitors’ services in the case of incorporated practices; to regulate the provision of conveyancing services by persons practising as licensed conveyancers; to make further provision with respect to complaints relating to the provision of legal aid services; to amend the law relating to time limits for actions for libel and slander; and to make further provision with respect to arbitrations and proceedings in connection with European patents.

[30th October 1985]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Editorial Information X1 The text of ss. 1–10, 60–62, 65, 67–69, Schs. 1, 2, 7 paras. 4–6, Sch. 8 Pt. III, Sch. 9 paras. 1–7, 17 was taken from S.I.F. Group 76:1 (Lawyers and Notaries), ss. 11–39, 66, 68, 69, Schs. 3–6 from S.I.F. Group 98:1 (Property, England and Wales), ss. 40-46, 67–69, Sch. 7 paras. 1–3, Sch. 8 Pt. III, Sch. 9 paras. 8, 9 from S.I.F. Group 77:1 (Legal Aid), ss. 47–50, 51(2), 52, 53, 56–59, 67(2), 68, 69, Sch. 8, Sch. 9 paras. 10, 11, 14, 15 from S.I.F. Group 37 (Courts: Supreme Court, England and Wales), ss. 51(1), 52–56, 67–69, Sch. 7 paras. 7, 8, Sch. 8 Pts. II, III, Sch. 9 paras. 11–13 from S.I.F. Group 34 (County Courts: England and Wales), ss. 63, 68, 69, Sch. 9 para. 16 from S.I.F Group 122:3 (Tort and Delict) and ss. 64, 68, 69 from S.I.F. Group 47 (Evidence); provisions omitted from S.I.F. have been dealt with as referred to in other commentary. Modifications etc. (not altering text) C1 By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. C2 Act: functions transferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 4 {Sch 1}

Part I (E+W)
Solicitors

Solicitors’ discipline (E+W)

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Annotations:

Amendments (Textual) F1 S. 1 repealed (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/608, art. 2, Sch.

2 Examination of solicitors’ files in connection with complaints. (E+W)

^F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual) F2 S. 2 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(f)(v)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F3 (E+W)

Annotations:

Amendments (Textual) F3 S. 3 wholly repealed (the repeal being in force on 1. 1. 1991 as regards s. 3(1) and 1. 4. 1991 as regards s. 3(2)) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s.125(7), Sch.20.; S.I. 1990/2484 ,1991/608, art. 2, Sch.

Practising certificates (E+W)

^F4 4 Issue of practising certificates subject to conditions. (E+W)

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Annotations:

Amendments (Textual) F4 S. 4 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iv)

5 Conditions imposed on current certificates. (E+W)

After section 13 of the ^M1 Solicitors Act 1974 there shall be inserted—

“13A Imposition of conditions while practising certificates are in force.
(1) Subject to the provisions of this section, the Society may in the case of any solicitor direct that his practising certificate for the time being in force (his “current certificate”) shall have effect subject to such conditions as the Society may think fit.
(2) The power to give a direction under this section in the case of any solicitor shall be exercisable by the Society at any time during the period for which his current certificate is in force if—
(a) in the event of an application for a practising certificate being made by him at that time, section 12 would have effect in relation to him by reason of any such circumstances as are mentioned in paragraph (d) , (e) , (ee) , (k) or (l) of subsection (1) of that section; or
(b) a receiving order in bankruptcy is in force against him; or
(c) he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors.
(3) Subject to subsection (4) , the conditions specified in a direction under this section shall have effect as from the time when the solicitor concerned is notified of the Society’s decision to give the direction.
(4) The Society may, if it thinks fit, provide in a direction under this section that the conditions specified in the direction shall not have effect pending the hearing and determination of any appeal under subsection (6).
(5) Where there is a pending against any judgment or order an appeal by a solicitor which, if successful, would result in subsection (2) no longer being applicable to him, the Society shall not give a direction under this section in his case so long as the appeal is pending, unless in the opinion of the Society the proceedings on that appeal have been unduly protracted by him or are unlikely to be successful.
(6) A solicitor in whose case a direction is given under this section may appeal to the Master of the Rolls against the decision of the Society within one month of being notified of it.
(7) On an appeal under subsection (6) , the Master of the Rolls may—
(a) affirm the decision of the Society; or
(b) direct that the appellant’s current certificate shall have effect subject to such conditions as the Master of the Rolls thinks fit; or
(c) by order revoke the direction; or
(d) make such other order as he thinks fit.
(8) Subsection (4A) of section 12 shall apply for the purposes of subsection (1) of this section as it applies for the purposes of subsection (4) (b) of that section.”.
Annotations:

Marginal Citations M1 1974 c. 47.

Restrictions applying to unqualified persons (E+W)

^F5 6 Preparation of conveyancing documents by unqualified persons. (E+W)

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Annotations:

Amendments (Textual) F5 S. 6 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iv)

^F6 7 Preparation of papers for probate etc. by unqualified persons. (E+W)

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Annotations:

Amendments (Textual) F6 S. 7 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iv)(bb) (with art. 9)

Other amendments (E+W)

8 Other amendments of Solicitors Act 1974. (E+W)

The Solicitors Act 1974 shall have effect subject to the further amendments specified in Schedule 1.

[^F7 Legal services bodies and sole solicitors’ practices] (E+W)

Annotations:

Amendments (Textual) F7 S. 9 crossheading substituted (1.11.2015) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(3), Sch. 1 para. 17 (with arts. 4, 5)