The Solicitors (Amendment)(Northern Ireland) Order 1989

Preparation of conveyancing documents by unqualified persons

7.  In Article 23 of the Solicitors Order (unqualified person not to prepare certain instruments, etc.)—

(a) in paragraph (1) for “paragraph (2)” there shall be substituted “paragraphs (2) and (2A)”;

(b) in paragraph (2)(e)—

(i) for “a landlord for whom such agent collects rent” there shall be substituted “any person”;

(ii) head (i) shall cease to have effect;

(c) after paragraph (2) there shall be inserted—

“(2A) Paragraph (1) also shall not apply to any act done by a person at the direction and under the supervision of another person if—

(a) that other person was at the time his employer, a partner of his employer or a fellow employee; and

(b) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this Article.”;

(d) in paragraph (3)—

(i) after “instrument” there shall be inserted

“includes a contract for the sale or other disposal of land within the meaning of paragraphs (a) to (f) of section 45(3) of the Interpretation Act (Northern Ireland) 1954(1), other than a contract to grant only—

(i) a tenancy not exceeding 3 years; or

(ii) a right to use land for cropping or grazing;

but”;

(ii) at the end of sub-paragraph (b) there shall be inserted “other than a contract that is included under the preceding provisions of this paragraph”;

(e) after paragraph (3) there shall be inserted—

“(4) The Department of Economic Development may institute proceedings for an offence under this Article.”.

(1)

1954 c. 33 (N.I.)