Solicitors (Northern Ireland) Order 1976

Control of moneys N.I.

9.—(1) F1 . . . the High Court may, on the application of the Society, order that no payment shall be made without the leave ofF1 . . . the High Court— N.I.

(a) by any bank[F1 or building society] (whether or not named in the order) out of anyF1 . . . account in which any money (whether received before, on or after the date of the order) of the solicitor or his firm is held or which the solicitor or his firm has the right to operate on or otherwise deal with; or

(b) by any other person (whether or not named in the order) of any money placed with him by the solicitor or his firm (whether before, on or after the date of the order) or held by him (in whatever manner and whether received before, on or after that date) on behalf of the solicitor or his firm.

(2) No order under this paragraph shall take effect in relation to any person to whom it applies unless—

(a) the Society have served a copy of the order on that person (whether or not he is named in the order) and he either knows that he holds money on behalf of the solicitor or his firm or has failed to exercise due diligence to ascertain whether any money is so held by him; and

(b) if that person is a banker[F1 or building society officer], the Society have informed him of the branch of the bank[F1 or building society] at which the money to which the order relates is believed by them to be held.

F1 1989 NI 14

10.  The Society may, on a resolution in that behalf made by the Council, take control of all sums of money due from the solicitor or his firm to, or held by him or his firm (in whatever manner or in whatever account and whether received before, on or after the date of the resolution) on behalf of, his or his firm's clients or subject to any controlled trust, and for that purpose the Society shall serve upon the solicitor or his firm, and, except where the provisions of Article 40 apply, upon any bank [F2 or building society] and upon any other person having possession or control of any such sums of money a notice, together with a certified copy of such resolution, prohibiting the payment out of such sums of money otherwise than pursuant to paragraph 12 or 13. N.I.

F2 1989 NI 14

11.  Within fourteen days of the service of a notice under paragraph 10 the solicitor or his firm, or the bank [F3 , building society] or other person upon whom the notice was served may, on serving not less than fourty-eight hours' notice upon the Society and (if the notice served under paragraph 10 gives the name of the solicitor instructed by the Society) upon that solicitor, apply to a judge of the High Court in chambers for an order directing the Society to withdraw the notice, and on the hearing of any such application the judge may make such order with respect to the matter as he thinks fit. N.I.

F3 1989 NI 14

12.  Subject to the service of any notice under paragraph 10, and to any application that may be made under paragraph 11 the Society or any person in that behalf appointed by the Society may withdraw the money, or any part of the money, which is in any account in the name of the solicitor or his firm, or which is in the possession or control of any person on whom a notice was duly served under paragraph 10, and any money in the office of the solicitor or his firm due to or held on behalf of his clients, and pay them into a special account or special accounts in the name of the Society or such person appointed as aforesaid and may operate on, and otherwise deal with, such special account or accounts as the solicitor or his firm might have operated on, or otherwise dealt with, the said account; so however that a bank [F4 or a building society] with whom such special account or accounts is or are kept shall be under no obligation to ascertain whether that account or those accounts is or are being so operated on or otherwise dealt with. N.I.

F4 1989 NI 14

13.—(1) If any person fails to comply with the requirements of any notice given under paragraph 10— N.I.

(a) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F5 level 4 on the standard scale]; and

(b) F6 . . . the High Court may, on the application of the Society—

(i) order him to comply with the requirements of the notice within such time as may be specified in the order; or

(ii) appoint the Society to act as the attorney of the solicitor named in that paragraph.

Sub-paras. (2)-(4) rep. by 1989 NI 14

F5 1984 NI 3

F6 1989 NI 14

14.—(1) If the Society have reason to suspect that any person holds any money on behalf of the solicitor or his firm, the Society may for the purpose of enabling them to perform any of their functions under this Schedule require that person to give to the Society such information as to such money or the accounts in which the money is held as may be reasonably required. N.I.

(2) If any person who holds any money on behalf of the solicitor or his firm fails to give to the Society such information as he is required to give under sub-paragraph (1) or knowingly makes any misstatement in respect thereof he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F7 level 3 on the standard scale].

F7 1984 NI 3