ID1 / ID3 - can it be completed by a solicitor (not conveyancer) acting independently?

Good afternoon,

My question is about the ID1 and ID3 forms. Please can you confirm whether practising solicitors who are not conveyancers are able to verify identity either through ID1 or ID3 forms?

I understood previously that any practicing solicitor could verify identity via an ID1 form, but I have seen that the guidance for the ID1 now suggests Part B must be completed by a conveyancer, or by any legal executive (or Scottish solicitor - possibly even if they are not conveyancers?), and the professions listed for the ID3 form do not include practising solicitors (but rather dentists, MPs etc.), so clarity would be much appreciated. 

My follow up question is - if solicitors (who are not conveyancers) are permitted to verify identity via either ID1 or ID3 - can they do so acting independently, not via a law firm? For example, if they work independently, in a freelance capacity, or work in-house, but are a practising solicitor with a current practising certificate. 

Many thanks

Good Afternoon LM Bland - see PG 67 for our definition of a 'conveyancer' - Evidence of identity (PG67) - GOV.UK
ID1 is for conveyancers to verify identities. Other professionals, not conveyancer, would verify identities using the form ID3 

Hi Adam, thanks for your reply though I'm afraid I remain confused!

Form ID3 does not list solicitors as a profession that can verify. I have just seen your responses on a similar thread recently (https://customerhelp.landregistry.gov.uk/forums/forms/0da62af1-e263-f011-95f2-7c1e522d6e34) in which you said "Form ID1 is for use by a conveyancer (inc a solicitor) when verifying your identity. Not for ID3". This suggests a solicitor who is not a conveyancer could verify using ID1. I think this would make sense, as chartered legal executives can verify using ID1 even when not conveyancers. But you've also pointed to the definition of "conveyancer" for ID1.

Q1: Does this mean a practising solicitor who is not a conveyancer can't verify identities using either form please? I think unless the guidance is changed this question may keep coming up.

Q2: And can a solicitor (or conveyancer) complete the correct form acting independently, i.e. not on behalf of a law firm? 

For context - a few years ago I completed an ID1 as a solicitor (who is not a conveyancer), acting independently, listing my in-house employer on the form for context. The form was accepted by the other firm acting in the matter, and by HM Land Registry. I read the guidance and felt confident I could do so, but now the guidance seems to miss out solicitors who are not conveyancers, hence wanting the clarification. 

Update - I have just spoken to an adviser from HM Land Registry on the phone who confirmed that as solicitors are listed in the ID1 form (at section B 2a) they can verify identity using ID1 form.

Hopefully the guidance can be updated to clarify this, so avoid any further confusion.

 

Lily - our stated definition of a conveyancer is "When we refer to a ‘conveyancer’ we mean an authorised person within the meaning of section 18 of the Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act,"
A practising solicitor would be entitled to do that and as such can verify someone's identity using form ID1.
I'm glad my colleague was able to sign post the confirmation on the form ID1 itself as well
Q1 - no, a practising solicitor would use form ID1 and not ID3
Q2 - Yes providing they are practising - "....in effect they must have a practising certificate."