SCHEDULES
SCHEDULE 4MINOR AND CONSEQUENTIAL AMENDMENTS
The Solicitors (Northern Ireland) Order 1976 (NI 12)
2
1
In Article 3(2) (interpretation), at the appropriate place insert—
the Legal Services Oversight Commissioner” means the Legal Services Oversight Commissioner for Northern Ireland;
2
In Article 38(a) (solicitors guilty of undue delay in certain matters), omit the words “or Article 51A”.
3
Omit Article 41A (power of Council to impose sanctions for inadequate professional services) and the cross-heading immediately preceding that Article.
4
In Article 41B (power of Society to examine files in connection with complaints), in paragraph (1), for the words from “to the Society” to “the Society may” substitute “
to the Society alleging professional misconduct by a solicitor, the Society may
”
.
5
In Article 46 (procedure on application or complaint against solicitor), in paragraphs (1) and (2), omit the words “or a lay observer”.
6
In Article 51 (orders of Solicitors Disciplinary Tribunal on inquiry)—
a
omit paragraph (2);
b
in paragraph (3)—
i
for “Article 41A(8)” substitute “
section 38(9) of the Legal Complaints and Regulation Act (Northern Ireland) 2016
”
;
ii
for “Article 41A” substitute “
that section
”
;
iii
omit the words “or Article 51A”;
c
in paragraph (6), omit the words “, Article 51A”;
d
in paragraph (8), omit the words “, Article 51A”.
7
Omit Article 51A (power of Tribunal to impose sanctions for inadequate professional services).
8
In Article 52 (effect, etc., of orders), in paragraph (2), omit sub-paragraph (d) and the word “or” preceding that sub-paragraph.
9
In Article 73A (committees of the Council), in paragraph (5), omit “41A or”.
10
In Schedule 1A (recognised bodies)—
a
in paragraph 1(2)—
i
for the words from “in relation to” to “include references to” substitute “
in relation to a complaint (other than such a complaint as is mentioned in paragraph 19(1)(a)) include references to
”
;
ii
omit the words “or application”;
b
in paragraph 14(a) omit the words “or Article 51A”;
c
omit paragraph 16 and the cross-heading immediately preceding it;
d
in paragraph 17(1) for the words from “investigating” to “a recognised body” substitute “
investigating any such complaint as is mentioned in head (b), (c) or (d) of paragraph 19(1)
”
;
e
omit paragraph 18 and the cross-heading immediately preceding it;
f
in paragraph 21 (powers of Tribunal)—
i
in sub-paragraph (1)(d) for “Article 41A by virtue of paragraph 16” substitute “
section 38 of the Legal Complaints and Regulation Act (Northern Ireland) 2016
”
;
ii
in sub-paragraph (3) for “paragraph 16(3) relating to a direction given under Article 41A” substitute “
section 38(9) of the Legal Complaints and Regulation Act (Northern Ireland) 2016 relating to a direction given under that section
”
;
iii
in that sub-paragraph omit the words “or paragraph 22”;
g
omit paragraph 22 (powers of Tribunal in respect of inadequate professional services) and the cross-heading immediately preceding it;
h
in paragraph 25 (effect, notice and recording of orders of Tribunal), in sub-paragraph (1), omit head (b) and the word “or” immediately preceding it.