Solicitors (Northern Ireland) Order 1976
PART IINTRODUCTORY
1Title
Art.2—Commencement
3Interpretation
PART IIQUALIFICATION, ADMISSION, PRACTISING CERTIFICATES, ETC.
Qualifications and admission
4Qualifications for practising as solicitor
5Admission of solicitors
6Regulations as to the education, training, etc., of persons seeking admission or having been admitted as solicitors
7Registrar
8Keeping and custody of the roll
9Entry of name on roll
9AAuthorisation of Society conferring additional rights of audience
Practising certificates
10Application for practising certificate and register of practising solicitors
11Issue, date and expiry of practising certificate
12Absence of solicitor from Northern Ireland
13Discretion of registrar to refuse certificate in special cases
14Appeals in connection with issue of practising certificates
14AImposition of terms and conditions on current and subsequent practising certificates
15Suspension of practising certificate
16Duration of suspension of practising certificate
17Publication of suspension or termination of suspension of practising certificate
17AApplication for issue of practising certificate freed from terms and conditions
17BTerms and conditions in practising certificates
18Evidence of holding or not holding practising certificate
Provisions with respect to unqualified persons acting as solicitors
19Unqualified person not to act as solicitor
20Practising without certificate
21Solicitor practising while bankrupt
21ASolicitor practising whilst subject to a bankruptcy restrictions order
22Penalty for pretending to be a solicitor
23Unqualified person not to prepare certain instruments, etc.
24Preparation of papers for probate, etc.
25Costs not recoverable where unqualified person acts as solicitor
PART IIIPROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE
General power to make regulations
26General power to make regulations as to professional practice, conduct and discipline of solicitors
Incorporated practices
26AIncorporated practices
26BPenalty for pretending to be a body recognised under Article 26A
Restrictions on conduct of practice
27Acting as agent for unqualified person
28Sharing of profits or fees with unqualified persons
29Employment by solicitor of persons whose names have been struck off the roll, etc.
30Failure to disclose fact of name having being struck off the roll, etc.
31Provisions as to clerk or apprentice found guilty of offences or party to misconduct of solicitor
32Winding-up practice of a deceased solicitor
Accounts, etc.
33Regulations as to keeping of accounts by solicitors
34Interest on clients' money
35Accountants' reports
Control of solicitors' property in certain cases
36Powers of Council to deal with property in control of certain solicitors and other persons
37Power of Council to deal with property of solicitors removed from or struck off the roll
38Solicitors guilty of undue delay in certain matters
39Control of deceased solicitor's practice in certain circumstances
40On death of solicitor practising on his own account Society may deal with banking accounts of practice
40ADuty to advise client as to representation in court
40BDuty to inform court as to compliance with Article 40A(2)
41Extension of Bankruptcy Acts, etc.
Imposition by Council of disciplinary sanctions for inadequate professional services
41APower of Council to impose sanctions for inadequate professional services
Examination of files
41BPower of Society to examine files in connection with complaints
Lay observers
42Lay observers
Disciplinary proceedings before the Disciplinary Committee
43The Solicitors Disciplinary Tribunal
44Applications and complaints to Tribunal
45Procedure on application by solicitor or former solicitor
46Procedure on application or complaint against solicitor
48Powers of Tribunal on inquiry being held
49Representation before Tribunal
50Application of Bankers' Books Evidence Act 1879
51Orders of Tribunal on inquiry
51APower of Tribunal to impose sanctions for inadequate professional services
51BPower of Tribunal in relation to legal aid
51CPower of Tribunal to make recommendation for application of Schedule 1 to solicitor
52Effect, notice and recording of orders of Disciplinary Committee
53Appeals against orders of the Tribunal
54Publication, etc., of orders
PART IVTHE COMPENSATION FUND AND PROFESSIONAL INDEMNITY
55The Compensation Fund
56Grants in case of loss
57Grants in case of hardship
58Provisions as to grants in case of loss or hardship
59Subvention grants
60Provisions as to subvention grants
61Power to make regulations as to procedure
62Grants may be made whether or not solicitor had practising certificate
63Professional indemnity
PART VREMUNERATION OF SOLICITORS
Contentious business
64Contentious business agreements
65Effect of contentious business agreements
66Enforcement of contentious business agreements
67Contentious business agreements by certain representatives
68Effect on contentious business agreement of death, incapability or change of solicitor
69Security for costs and termination of retainer
70Taxations with respect to contentious business
Non‐contentious business
71Orders as to remuneration of solicitors for non‐contentious business
71ANon‐contentious business agreements
71BCertain stipulations and restrictions on purchasers to be void
Remuneration—general
71CPower of court to order solicitor to deliver bill
71DRight to furnish bill in general terms
71EAction to recover solicitors' costs
71FOrder for taxation
71GProvisions as to taxation
71HCharging orders
PART VIMISCELLANEOUS AND GENERAL
Art. 72 rep. by 1989 NI 14
72AExercise of solicitors' lien on documents by Society
73Cessation and suspension of membership of Society, etc.
73ACommittees of the Council
74Powers to act on behalf of the Society and proof of resolutions
75Regulations and rules
76Time limit for commencement of certain proceedings
77Relief to banks
78Administration of oaths and taking of affidavits
Arts.79, 80 rep. by 1978 c.23
81Savings
82Repeals and transitional provisions
SCHEDULES
SCHEDULE 1Aricles 36(1), 37(1), 38, 39. PART I PROPERTY IN THE CONTROL OR POSSESSION OF CERTAIN...
PART IPROPERTY IN THE CONTROL OR POSSESSION OF CERTAIN SOLICITORS AND OTHER PERSONS
Interpretation
1In this Schedule— Definition rep. by 1989 NI 14 “documents” means deeds, wills, documents constituting...
Production, delivery and taking possession of documents
2(1) The Society may require the production or delivery to any person appointed by the...
3(1) If any person having possession or control of any such documents fails to comply...
4Upon taking possession of any such documents, the Society shall serve upon the solicitor and...
5Within fourteen days after the service of a notice under paragraph 4, the solicitor or...
6If no application is made under paragraph 5 or if the judge to whom any...
7At any time after a period of six years from the date on which the...
8(1) The provisions of this Schedule shall have effect in relation to documents notwithstanding any...
Control of moneys
9(1) . . . the High Court may, on the application of the Society, order...
10The Society may, on a resolution in that behalf made by the Council, take control...
11Within fourteen days of the service of a notice under paragraph 10 the solicitor or...
12Subject to the service of any notice under paragraph 10, and to any application that...
13(1) If any person fails to comply with the requirements of any notice given under...
14(1) If the Society have reason to suspect that any person holds any money on...
Re-direction of postal packets
15(1) . . . the High Court, on the application of the Society, may order...
Removal of solicitor-trustee from trust
16(1) If the solicitor is a trustee of a controlled trust, the Society may apply...
General
17Subject to any order for the payment of costs that may be made on an...
18The Society may do all things which in their opinion are necessary for the purpose...
19The Society may apply to . . . the High Court for an order making...
20If any claim or charge is made or any proceeding is taken against the Society...
21The Society may make regulations for the purposes of carrying the provisions of this Schedule...
22References in this Schedule to a banking or building society account include references to any...
PART IIPOWERS EXERCISABLE BY THE SOCIETY AS ATTORNEY
22A(1) Without prejudice to paragraph 13(1)(b)(ii), the High Court may at any time, on the...
23The powers exercisable pursuant to paragraph 22A(2) are as follows— (1) To operate all banking...
SCHEDULE 1AINCORPORATED PRACTICES: SUPPLEMENTARY PROVISIONS
Interpretation
1(1) Subject to sub‐paragraph (2), references in this Schedule to a recognised body are references...
Appeal against refusal or revocation by Council of recognition
2(1) A body corporate aggrieved by a decision of the Council refusing an application for...
Power of registrar to inspect files relating to certain proceedings
3Article 15(5) shall apply in relation to proceedings which have been brought with respect to...
Acting as agent for unqualified person
4(1) No recognised body shall wilfully and knowingly (a) act as agent in any action,...
Sharing of profits or fees with unqualified persons
5(1) Subject to sub-paragraph (2), a recognised body which knowingly shares any of its profits...
Employment of persons struck off roll or suspended
6Article 29 (except paragraph (4)) shall apply to a recognised body and its business as...
Failure to disclose fact of name having been struck off the roll, etc.
7Article 30 shall apply in relation to employment by a recognised body in connection with...
Employment of persons found guilty of offences or party to misconduct
8In Article 31(1) to (4)— (a) any reference to a person who is or was...
Winding-up practice of a deceased solicitor
9In Article 32 the reference to a duly qualified solicitor shall be construed as including...
Interest on clients' money
10(1) Where regulations made under Article 33 and containing any such provision as is referred...
Accountants' reports
11(1) In Article 35— (a) paragraphs (1) and (2); and (b) subject to any regulations...
Control of recognised body's property in certain cases
12(1) Where the Council have reasonable cause to believe and have passed a resolution stating...
13(1) Where the recognition of a body corporate under Article 26A— (a) has been revoked...
14Where— (a) a complaint is made to the Council that there has been undue delay...
15In connection with the application of Schedule 1 for the purposes of this Schedule, in...
Powers of Council in respect of inadequate professional services
16(1) In Article 41A (except paragraphs (8) and (9))— (a) any reference to a solicitor...
Examination of files
17(1) Where the Council are satisfied that it is necessary to do so for the...
Lay observers
18(1) Paragraph (1)(b) of Article 42 shall apply in relation to a complaint about a...
Complaints to Tribunal with respect to recognised bodies
19(1) The Tribunal shall have jurisdiction to hear and determine any of the following complaints...
Procedure on applications and complaints
20In Article 46 any reference to a solicitor shall be construed as including a reference...
Powers of Tribunal with respect to recognised bodies
21(1) Where on an inquiry into any complaint made to it under this Schedule the...
Powers of Tribunal in respect of inadequate professional services
22(1) The powers conferred on the Tribunal by Article 51A shall be exercisable on an...
Powers of Tribunal in relation to legal aid
23(1) Where the Tribunal makes any such order as is referred to in Article 51B(1)(a)...
Power of Tribunal to make recommendation for application of Schedule 1 to recognised body
24(1) Where the Tribunal hold an inquiry into any application or complaint made under this...
Effect, notice and recording of orders of Tribunal
25(1) Where the Tribunal make an order— (a) under paragraph 21(2)(b), (c), (d) or (e)...
Revocation of recognition by reason of default by director
26(1) Where— (a) an order is made by the Lord Chief Justice under Article 20(1)...
Compensation Fund
27(1) On an application for recognition under Article 26A a body corporate shall pay to...
Costs: general modification of provisions of Part V
28(1) In the provisions to which this paragraph applies— (a) any reference to a solicitor...
Effect of business agreements
29A provision in a contentious or non-contentious business agreement made between a recognised body and...
Effect on contentious business agreement of supervening incapacity of recognised body to act for client
30(1) If, after some business has been done under a contentious business agreement made between...
Taxations with respect to contentious business
31Subject to the provisions of any rules of court or county court rules, on every...
Orders as to remuneration for non-contentious business
32In relation to an order under Article 71 regulating (in accordance with paragraph 28) the...
Power of court to order delivery of bill of costs, etc.
33Any jurisdiction— (a) of the High Court to make any such orders as are referred...
Power of court to order recognised body to pay over clients' money
34Any jurisdiction of the High Court to make, in the case of a solicitor who...
Actions to recover costs
35Paragraph (2) of Article 71E shall have effect in relation to a bill of costs...
Lien on documents
36Article 72A shall apply in relation to a recognised body as it applies in relation...
Bank and building society accounts
37Article 77 shall apply in relation to a recognised body as it applies in relation...
Privilege from disclosure etc.
38(1) Any communication made to or by a recognised body in the course of its...
Modification of enactments relating to conveyancing etc.
39In the following provisions, namely— (a) sections 56 and 66 of the Conveyancing Act 1881;...
SCHEDULE 2THE COMPENSATION FUND
1The fund shall be maintained and administered by the Society and shall be held by...
2Every solicitor shall on each occasion on which a practising certificate is issued to him...
Provided that— (a) a solicitor shall not be required to pay the annual contribution on...
Provided that— (a) a solicitor shall not be required to pay the annual contribution on...
3The Society may invest in trustee investments any money which forms part of the fund...
4. . . the Society may borrow for the purposes of the fund from any...
Provided that the aggregate sum owing at any one time in respect of such loans...
Provided that the aggregate sum owing at any one time in respect of such loans...
5The Society may insure with any person authorised by law to carry on insurance business...
6There shall be carried to the credit of the fund— (a) all moneys and all...
7All money from time to time forming part of the fund and all investments of...
8Notwithstanding anything in Part IV or in this Schedule, the Society shall not make any...
Schedule 3—Repeals

1976 No. 582 (N.I. 12)

Solicitors (Northern Ireland) Order 1976