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.