Solicitors (Amendment) Act, 1994


Practising Certificates and Practice

Application for practising certificate (section 47 of Principal Act).

54.—The Principal Act is hereby amended by the substitution of the following section for section 47:

Application for practising certificate.

47.—(1) Subject to the provisions of this Act, the Society may make regulations with regard to—

(a) applications for practising certificates, and

(b) the issue of practising certificates (including the form of such certificates).

(2) The Society may make regulations pursuant to subsection (1) of this section requiring that every solicitor who applies to the Society for a practising certificate in respect of a practice year commencing after a date specified in the regulations shall not be issued with such practising certificate unless such solicitor has furnished to the Society written evidence of there being in force the prescribed minimum level of cover for indemnity against losses arising from claims against him as required by indemnity regulations in force under section 26 of the Solicitors (Amendment) Act, 1994, for the duration of the practice year in respect of which such practising certificate so applied for relates.

(3) The registrar shall maintain a register of practising solicitors (in this Act known as ‘the register’) and the register shall include the following particulars relating to each solicitor issued with a practising certificate—

(a) the full name of the solicitor,

(b) his place or places of business,

(c) the date of his admission as a solicitor, and

(d) particulars of his cover for indemnity against losses for claims against him required by indemnity regulations in force under section 26 of the Solicitors (Amendment) Act, 1994.

(4) (a) The register, which may be kept in an electronic or such other non-written form as is considered appropriate by the Society, shall be available for inspection during office hours without payment by any person who applies to inspect it,

(b) if the register is kept in an electronic or other non-written form, the Society may comply with its obligation to have the register available for inspection under paragraph (a) of this subsection by making any relevant entry in the register available in written form for inspection in accordance with the said paragraph (a), and

(c) the Society may publish at any time in whatever manner they deem appropriate the names and the place or places of business of solicitors entered on the register.

(5) Subject to the provisions of this Part of this Act and of the Solicitors (Amendment) Act, 1994, the registrar shall issue a practising certificate to a solicitor on application being duly made by him in that behalf, as may be prescribed.

(6) Where a solicitor alleges that the registrar has wrongly refused to issue him with a practising certificate, he may apply to the President of the High Court who may make such order in the matter as he thinks fit.

(7) On the coming into effect of regulations made under subsection (1) of this section, the provisions of the Third Schedule and the Fourth Schedule to this Act shall cease to have effect.

(8) The Minister may direct the Society to make regulations (or to amend regulations made) under subsection (1) of this section providing for the requirement set forth in subsection (2) of this section.”.