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The Solicitors (Amendment)(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Practising certificates—conditions, appeals and suspension

6.  For Articles 14 to 17 of the Solicitors Order there shall be substituted—

Appeals in connection with issue of practising certificates

14.(1) A solicitor who has been refused a practising certificate under Article 13(3) may, within one month from the date onwhich notice of such refusal is served on him, apply to the Council to review the refusal; and on such application the Council may in their discretion direct the registrar—

(a)to grant or refuse the application;

(b)to issue—

(i)the certificate; or

(ii)the certificate and any subsequent practising certificate issued to the solicitor,

subject to such terms and conditions as the Council think fit.

(2) A solicitor aggrieved by a decision of the Council underparagraph (1) may, within one month from the date on whichnotice of that decision is served on him, appeal to the Lord Chief Justice who may—

(a)affirm the decision; or

(b)give to the registrar any direction which could have been given to him by the Council under paragraph (1).

(3) For the purposes of this Article a solicitor who has not received a practising certificate within three weeks after he appliedto the registrar for it or, as the case may be, applied to the Council to review the refusal of a practising certificate, shall be deemed to have received notice at the expiration of that period that the certificate has been refused.

Imposition of terms and conditions on current and subsequent practising certificates

14A.(1) Subject to the provisions of this Article, the Council may in the case of any solicitor direct that—

(a)his practising certificate for the time being in force (his “current certificate”); or

(b)his current certificate and any subsequent practising certificate issued by the registrar to the solicitor,

shall have effect subject to such terms and conditions as the Council think fit.

(2) The power to give a direction under this Article in the case of any solicitor shall be exercisable by the Society at any time during the period for which his current certificate is in force if—

(a)in the event of an application for a practising certificate being made by him at that time, Article 13 would haveeffect in relation to him by reason of any such circumstances as are mentioned in sub-paragraph (e), (g), (h), (hh), (i) or (j) of paragraph (1) of that Article;

(b)he has entered into a composition with his creditors or a deed of arrangement for their benefit; or

(c)Schedule 1 applies in relation to him, by virtue of any provision of this Order.

(3) Subject to paragraph (4), the terms and conditions specified in a direction under this Article shall have effect as from the time when the solicitor concerned is notified of the Council’s decision to give the direction.

(4) The Council may, if they think fit, provide in a direction under this Article that the terms and conditions specified in the direction shall not have effect pending the hearing and determination of any appeal under paragraph (6).

(5) Where there is pending against any judgment, order or decree an appeal by a solicitor which, if successful, would result in paragraph (2) no longer being applicable to him, the Council shall not give a direction under this Article in his case so long as theappeal is pending, unless in the opinion of the Council the proceedings on that appeal have been unduly protracted by him or are unlikely to be successful.

(6) A solicitor aggrieved by a decision of the Council under paragraph (1) may, within one month from the date on which notice of that decision is served on him, appeal to the Lord Chief Justice who may—

(a)affirm or revoke the decision;

(b)give any direction which could have been given by the Council under paragraph (1).

Suspension of practising certificate

15.(1) The making of an order suspending a solicitor from practice and the adjudication of bankruptcy of a solicitor shall operate to suspend any practising certificate of that solicitor for the time being in force.

(2) Where, under any provision of this Order, Schedule 1 applies in relation to a solicitor, the Council may in their discretion suspend any practising certificate of that solicitor for the time being in force.

(3) For the purposes of this Order a practising certificate shall be deemed not to be in force at any time while it is suspended.

(4) A solicitor aggrieved by a decision of the Council under paragraph (2) suspending his practising certificate may, within one month from the date on which notice of that decision is served on him, appeal to the Lord Chief Justice who may—

(a)affirm or revoke the decision;

(b)direct that—

(i)the certificate; or

(ii)the certificate and any subsequent certificate issued by the registrar to the solicitor,

shall have effect subject to such terms and conditions as the Lord Chief Justice thinks fit.

(5) The registrar shall be entitled without payment of any fee to inspect the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken and to be supplied with office copies of those proceedings on payment of the usual charges for the copies.

Duration of suspension of practising certificate

16.(1) Subject to the provisions of this Article, the suspension of a practising certificate by virtue of Article 15 shall continue until the certificate expires.

(2) The suspension of a practising certificate by virtue of Article 15(1) by reason of an adjudication in bankruptcy shall terminate if—

(a)the adjudication is annulled; and

(b)an office copy of the order annulling the adjudication has been served on the Society.

(3) Where a solicitor’s practising certificate is suspended—

(a)by virtue of Article 15(1) by reason of his adjudication in bankruptcy;

(b)by virtue of Article 15(1) by reason of his suspension from practice and the period of his suspension from practice expires or is terminated under Article 51(1)(f) before the date of expiry of the certificate; or

(c)under Article 15(2),

the solicitor may at any time before the certificate expires (and, in the case of adjudication in bankruptcy, while the adjudicationremains unannulled) apply to the Council to terminate the suspension.

(4) On an application under paragraph (3) the Council may in their discretion—

(a)refuse the application;

(b)by order terminate the suspension; or

(c)by order terminate the suspension and direct that—

(i)the practising certificate of the solicitor; or

(ii)the practising certificate of the solicitor and any subsequent practising certificate issued by the registrar to the solicitor,

shall have effect subject to such terms and conditions as the Council think fit.

(5) Subject to paragraph (6), the terms and conditions specified in a direction under paragraph (4)(c) shall have effect as from the time when the solicitor concerned is notified of the Council’s decision to give the direction.

(6) The Council may, if they think fit, provide in a direction under paragraph (4)(c) that the terms and conditions specified in the direction shall not have effect pending the hearing and determination of any appeal under paragraph (7).

(7) A solicitor aggrieved by a decision of the Council under paragraph (4) may, within one month from the date on which notice of that decision is served on him, appeal to the Lord Chief Justice who may—

(a)affirm the decision; or

(b)make any order and give any direction which could have been made or given by the Council under paragraph (4).

(8) For the purposes of paragraph (7) a solicitor who has not received notification of the termination of the suspension of his practising certificate within three weeks after he made application for such termination shall be deemed to have received notice at the expiration of that period that the application has been refused.

(9) Where a solicitor’s practising certificate is suspended by virtue of Article 15(1) by reason of his suspension from practice and the suspension of his practising certificate is terminated under paragraph (4) or (7) without any direction mentioned in paragraph (4)(c) being made, then, notwithstanding Article 13(1)(d), that Article shall not thereafter have effect in relation to that solicitor by virtue of that suspension from practice.

Publication of suspension or termination of suspension of practising certificate

17.(1) Where a solicitor’s practising certificate is suspended the Society shall forthwith cause—

(a)notice of that suspension to be published in the Belfast Gazette;

(b)a note thereof to be entered against the name of the solicitor in the roll.

(2) Where the suspension of a practising certificate is terminated the Society shall forthwith—

(a)cause a note of that termination to be entered against the name of the solicitor in the roll; and

(b)if so requested in writing by the solicitor, cause notice thereof to be published in the Belfast Gazette.

Application for issue of practising certificate freed from terms and conditions

17A.(1) Where, in accordance with a direction given under Article 14, 14A, 15, 16 or this Article, a subsequent practising certificate is issued to a solicitor subject to any terms and conditions, the solicitor may, within one month from the date on which the certificate is issued, apply to the Council for the issue of the certificate free from those terms and conditions; and on such an application the Council may in their discretion—

(a)grant or refuse the application;

(b)direct the registrar to issue—

(i)the certificate; or

(ii)the certificate and any subsequent practising certificate issued to the solicitor,

subject to such other terms and conditions as the Council may think fit.

(2) A solicitor aggrieved by a decision of the Council under paragraph (1) may, within one month from the date on which notice of that decision is served on him, appeal to the Lord Chief Justice who may—

(a)affirm the decision; or

(b)give to the registrar any direction which could have been given to him by the Council under paragraph (1).

(3) For the purposes of this Article a solicitor who has not received a practising certificate free from terms and conditions within three weeks after he applied to the Council for it shall be deemed to have received notice at the expiration of that period that the application has been refused.

Terms and conditions in practising certificates

17B.(1) Any power of the Council or the Lord Chief Justice under Article 14, 14A, 15, 16 or 17A to direct that a practising certificate shall have effect or shall be issued subject to terms and conditions, includes (without prejudice to the generality of that power) power to direct that the certificate shall have effect or shall be issued subject to terms and conditions—

(a)requiring the solicitor to take any specified steps that will in the opinion of the Council or the Lord Chief Justice (asthe case may be) be conducive to his carrying on an efficient practice as a solicitor; and

(b)notwithstanding that they may result in expenditure being incurred by the solicitor.

(2) If a solicitor contravenes any of the terms and conditions subject to which a practising certificate has effect or is issued in accordance with a direction under Article 14, 14A, 15, 16 or 17A any person may make a complaint in respect of the contravention to the Tribunal..

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