BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> SOLICITORS (NORTHERN IRELAND) ORDER 1976

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Context] [Help]


SOLICITORS (NORTHERN IRELAND) ORDER 1976 - SECT 52



52.(1) An order made by the Disciplinary Committee under Article 51 shall
contain a statement of their findings and shall be signed by at least two of
their members and filed with the registrar but the Committee may in any case
in which it appears to them to be desirable so to do, make an order not
prefaced by a statement of the findings relative to the facts of the case, and
in such case a statement of their findings shall be signed by the chairman or
secretary of the Committee and shall, if the order is one required to be
lodged with the Registrar of the Supreme Court under paragraph (2) or
paragraph (3) be lodged with such Registrar together with the order.

(2) Where the Disciplinary Committee make an order under Article 51(1) for the
payment by a solicitor of a fine, or for the payment by any party of costs or
a contribution towards costs, or for the making by any party of any
restitution or satisfaction, the registrar, if so required in writing by the
Society or by any other party in whose favour the order was so made, shall
lodge a duly authenticated copy of the order with the Registrar of the Supreme
Court, who shall forthwith cause such copy to be filed; and thereupon the
order shall be of the like effect as a judgment of the High Court and
enforceable accordingly.

(3) Where the Disciplinary Committee make an order suspending a solicitor from
practice or removing from or striking off the roll the name of a solicitor,
the registrar shall forthwith

(a)lodge a duly authenticated copy of the order with the Registrar of the
Supreme Court; and

(b)cause to be published in the Belfast Gazette, and in such other manner as
the Disciplinary Committee may direct, a notice stating the effect of the
order, which notice in relation to an order made under Article 44(1)(a) shall
state that the order was so made.

(4) The registrar shall maintain separate files on which all orders made by
the Disciplinary Committee shall be entered in the following manner

(a)on a file to be termed File A, there shall be entered, in alphabetical
order against the names of the solicitors concerned, each order directing that
the name of a solicitor is to be removed from or struck off the roll, or that
a solicitor is to be suspended from practice;

(b)on a file to be termed File B, there shall be entered, in chronological
order, all other orders.

(5) Where an order of the Disciplinary Committee includes provision for any of
the matters mentioned in Article 51(1)(c) or (d), the registrar shall enter a
note of the effect of that order on the roll against the name of the solicitor
with respect to whom the application or complaint was made.

(6) On receipt under Article 53(4) of a copy of an order the registrar shall
enter the order as if it were an order of the Disciplinary Committee.

(7) The registrar shall, on payment of such fee (if any) as may be prescribed,
furnish a copy of an entry on File A or File B to a person who applies in
writing for such a copy.

(8) Notwithstanding the provisions contained in paragraph (7), where

(a)application is made for a copy of an entry on File B, being an entry under
a date which is earlier than two years before the date of such application; or

(b)application is made for a copy of an entry on File A or File B as respects
which the Disciplinary Committee have directed the insertion of a note that
the furnishing of a copy thereof might cause injustice;

(i)by permission in writing of the Society; or

(ii)in compliance with an order of a court.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

© 1976 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/sio1976344/s1976.html