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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

Power to examine files

11(1)Section 44B of the [1974 c. 47.] Solicitors Act 1974 (power of Law Society to examine files of solicitor or his firm in connection with complaints) is amended as follows.

(2)In subsection (1), for the words from “investigating” to the end of paragraph (b) substitute investigating—

(a)whether there has been professional misconduct by a solicitor;

(b)whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council;

(c)whether any professional services provided by a solicitor were not of the quality which it is reasonable to expect of him as a solicitor; or

(d)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a solicitor in connection with his practice,;

and for the words from “all documents” to the end substitute “all relevant documents in the possession of the solicitor or his firm.”

(3)For the sidenote substitute “Examination of files.”

12In paragraph 14(1) of Schedule 2 to the [1985 c. 61.] Administration of Justice Act 1985 (power of Law Society to examine files of recognised body in connection with complaints), for paragraphs (a) and (b) substitute—

(a)whether a recognised body has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council and applicable to it by virtue of section 9 of this Act;

(b)whether any professional services provided by a recognised body were not of the quality which it is reasonable to expect of it as a recognised body; or

(c)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a recognised body in connection with its business,;

and for the words from “all documents” to the end substitute “all relevant documents in the body’s possession.”

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