(5) Rules under this section may include provision –
(a) permitting in such special circumstances as may be defined by the rules a different accounting period from that specified in subsection (3); and
(b) regulating any matters of procedure or matters incidental, ancillary or supplemental to the provisions of this section.
(5A) Without prejudice to the generality of subsection (5)(b), rules under this section may make provision requiring a solicitor in advance of delivering an accountant’s report to notify the Society of the period which is to be the accounting period for the purposes of that report in accordance with the preceding provisions of this section.
(6) If any solicitor fails to comply with the provisions of this section or of any rules made under it, a complaint in respect of that failure may be made to the Tribunal by or on behalf of the Society.
(7) A certificate under the hand of the Secretary of the Society shall, until the contrary is proved, be evidence that a solicitor has or, as the case may be, has not delivered to the Society an accountant’s report or supplied any evidence required under this section or any rules made under it.
(8) Where a solicitor is exempt from rules under section 32 –
(a) nothing in this section shall apply to him unless he takes out a practising certificate;
(b) an accountant’s report shall in no case deal with books, accounts or documents kept by him in the course of employment by virtue of which he is exempt from those rules; and
(c) no examination shall be made of any such books, accounts and documents under any rules made under this section.
[NOTES
1. For a similar provision in relation to registered foreign lawyers see paragraph 8 of Schedule 14 to the Courts and Legal Services Act 1990.
2. By virtue of section 89(3) of the Courts and Legal Services Act 1990 the power to make rules under section 34 is also exercisable in relation to registered foreign lawyers.
3. For the application of section 34 to a recognised body (i.e. an incorporated practice recognised under section 9 of the Administration of Justice Act 1985) see paragraph 5 of Schedule 2 to the Administration of Justice Act 1985.
4. By virtue of section 9(2)(f) of the Administration of Justice Act 1985 rules made under section 34 may be made to have effect in relation to a recognised body.]
85. Bank accounts
Where a solicitor keeps an account with a bank or a building society in pursuance of rules under section 32 –
(a) the bank or society shall not incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be under or be deemed to have in the case of an account kept by or person entitled absolutely to all the money paid or credited to it; and
(b) the bank or society shall not have any recourse or right against money standing to the credit of the account, in respect of any liability of the solicitor to the bank or society, other than a liability in connection with the account.
[NOTES
1. For the application of section 85 to a recognised body see paragraph 31 of Schedule 2 to the
Administration of Justice Act 1985.
2. Section 85 is extended to client accounts of multi-national partnerships by the RegisteredForeign Lawyers Order 1991 (S.I. 1991 no. 2831).]
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