Change tracker - Practising Certificate Fee Order and Regulations 2008

 

The Practising Certificate Fee Order and Regulations 2008 were amended on 1 July 2009 as part of a general updating of the rules to introduce firm-based regulation and legal disciplinary practices as provided for in the Legal Services Act 2007.

 
 

This order and regulations is made by the Master of the Rolls with the concurrence of the Secretary of State and the Lord Chief Justice under section 11 of the Solicitors Act 1974 as amended by section 87 of the Courts and Legal Services Act 1990 and section 12A of the Solicitors Act 1974. This order incorporates the regulations required under section 11 subsection (2B) of the Solicitors Act 1974and, where requisite, article 3 of the Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009.

Practising certificate fee

  • 1. The fee to be paid to the Law Society for each practising certificate issued will be £995.00 unless paragraphs 2, 3, 4, 5, 6 or 7 of this order applyor unless paragraphs 7A or 8 apply so as to impose an increased or additional fee.

Newly admitted solicitors

  • 2. AnySubject to paragraphs 5, 6, 7A or 8, any solicitor who applies for their first practising certificate during the practising certificate year commencing 1 November 2008 shall pay a fee in accordance with the following scale:

    • Practising certificate issued 1 November 2008 to 31 March 2009 inclusive – £750.00;
    • Practising certificate issued 1 April 2009 to 30 June 2009 inclusive – £500.00;
    • Practising certificate issued 1 July 2009 to 31 October 2009 inclusive – £250.00.

Returning to practice after a break of less than 12 months

  • 3. Subject to paragraphparagraphs 4, 5, 7A or 8, any solicitor admitted prior to 1 November 2008, who has previously held a practising certificate and who returns to practice and is issued with a practising certificate between 1 January 2009 and 31 October 2009 inclusive, shall pay a reduced fee in accordance with the following scale:

    • Practising certificate issued 1 January 2009 to 31 March 2009 inclusive – £750.00;
    • Practising certificate issued 1 April 2009 to 30 June 2009 inclusive – £500.00;
    • Practising certificate issued 1 July 2009 to 31 October 2009 inclusive – £250.00.

    This scale does not apply if, during the solicitor's last period without a certificate, they undertook any duties which required a practising certificate.

Low income/gross fee

  • 4. AnySubject to paragraphs 7A or 8, any solicitor who has previously held a practising certificate and whose gross fees, or if in employment, gross income from the provision of legal services, has not exceeded £20,000 during the 12 month period prior to the date of application for a practising certificate, shall pay a fee in accordance with the following scale:

    • Practising certificate issued 1 November 2008 to 31 December 2008 inclusive – £500.00;
    • Practising certificate issued 1 January 2009 to 31 March 2009 inclusive – £375.00;
    • Practising certificate issued 1 April 2009 to 30 June 2009 inclusive – £250.00;
    • Practising certificate issued 1 July 2009 to 31 October 2009 inclusive – £125.00.

Crown prosecutors

  • 5. ASubject to paragraphs 4, 6, 7, 7A or 8, a solicitor who is a Crown Prosecutor at the time of issue of a practising certificate, shall pay a fee in accordance with the following scale:

    • Practising certificate issued 1 November 2008 to 31 December 2009 inclusive – £665.00;
    • Practising certificate issued 1 January 2009 to 31 March 2009 inclusive – £495.00;
    • Practising certificate issued 1 April 2009 to 30 June 2009 inclusive – £330.00;
    • Practising certificate issued 1 July 2009 to 31 October 2009 inclusive – £165.00.

RegisteredFormer registered European lawyers and former registered foreign lawyers

  • 6. ASubject to paragraphs 7A or 8, a solicitor who has, at any time during the practising certificate year commencing 1 November 2008, registered or re-registered as a registered European lawyer or registered foreign lawyer and who applies for their first practising certificate, shall be subject to a practising certificate fee of £0.

Maternity provisions

  • 7. Subject to paragraphs 7A or 8:

    • (a) Aa solicitor who is on statutory maternity leave, or a period of leave equivalent to statutory maternity leave at the time of applying for the renewal of her practising certificate, shall pay a reduced fee of £500.00; or

      (b) a solicitor whose statutory maternity leave, or period of leave equivalent to statutory maternity leave started and ended within the practising certificate year 1 November 2007 to 31 October 2008 inclusive, shall pay a reduced practising certificate fee of £500.00 for the practising certificate year 1 November 2008 to 31 October 2009 inclusive.

Recognised sole practitioners

  • 7A. Where a solicitor makes an initial application for a practising certificate or applies for replacement of a practising certificate, and the certificate applied for is to include initial authorisation or renewal of authorisation as a recognised sole practitioner, the fee payable under paragraphs 1, 2, 3, 4, 5, 6 or 7 shall be increased by:

    • £90.00 if the certificate is to commence in the period November to March;
    • £60.00 if the certificate is to commence in the period April to June;
    • £30.00 if the certificate is to commence in the period July to October.

     

     

Late delivery of an accountant's report

  • 8. Where a solicitor applies for a practising certificate at a time when section 1211(4) of the Solicitors Act 1974 has effect, because the solicitor has not delivered failed to deliver an accountant's report in accordance with the Actby such time or in such circumstances as prescribed by rules under section 34(1) of that Act an additional fee of £200 must be paid when making an application for a practising certificate.

Definitions

  • 9. Practising certificate: the certificate issued in accordance with Sections 9 and 10 of the Solicitors Act 1974.

    Practising certificate year: the period from 1 November to 31 October inclusive each year during which a practising certificate is operative.

    Practising certificate fee: the sum to be paid by a solicitor for a practising certificate for the whole or part of a practising certificate year.

    Income: includes:

    • Gross fees, being all fees received from practice as a solicitor, without deduction, except for disbursements which would be allowed on assessment of costs; and
    • Gross income, being all payments and other benefits received from practice as a solicitor under a contract of employment or a contract for services, before deduction of tax, national insurance and any other statutory deduction.

    Practice as a solicitor: the provision of legal services under, or in reliance upon, the title 'solicitor' whether as a principal, under a contract of employment or under a contract for the provision of services.

    Period of leave equivalent to statutory maternity leave: a period of absence or leave which, if a solicitor had been an employee, would have been taken as statutory maternity leave.

    Registered European lawyer: a European lawyer registered with the Law SocietySolicitors Regulation Authority under regulation 17 of the European Communities (Lawyer's Practice) Regulations 2000.

    Registered foreign lawyer: a lawyer registered with the Solicitors Regulation Authority under section 89 of the Courts and Legal Services Act 1990.

Application to registered European lawyers

  • 9A. The fee to be paid to the Law Society for initial registration or renewal of registration as a registered European lawyer shall be governed in all respects by the provisions of paragraphs 1, 2, 3, 4, 5, 6, 7, 7A and 8 in the same way as the fee for a solicitor's practising certificate, and for this purpose:

    • references to a solicitor shall be interpreted as references to a registered European lawyer or to a European lawyer applying for registration, and references to practice as a solicitor shall be interpreted as references to the provision of legal services in the United Kingdom under, or in reliance upon, a European lawyer's professional title as such;
    • references to practising certificates and the issuing of practising certificates, shall be interpreted as references to initial registration or renewal of registration in the register of European lawyers, and references to a first practising certificate shall be interpreted as references to a lawyer's first registration in the register of European lawyers;
    • paragraph 6 shall apply to a European lawyer who has, at any time during the practising certificate year commencing 1 November 2008, registered or re-registered as a registered foreign lawyer and who applies for his or her first registration as a registered European lawyer.

     

     

Commencement

  • 10. This order and regulations shall come into force on 1 November 2008.