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[12th April 1976] [{3}High Court or the Court of Appeal] . . .{4}, of an order
suspending a solicitor from practice and the adjudication of bankruptcy of a
solicitor shall operate to suspend the practising certificate (if any) of that
solicitor. B>(2) 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. N Duration of suspension of practising certificate A > 16. (1) Subject
to the provisions of this Article, where a practising certificate has become
suspended by virtue of Article 15, that suspension shall continue until the
certificate expires. B>(2) The suspension of a practising certificate by
virtue of Article 15 by reason of an adjudication in bankruptcy shall
terminate if the adjudication is annulled and an office copy of the order
annulling the adjudication has been served upon the Society. B>(3) Where a
solicitor's practising certificate has become suspended C >>( a ) by virtue of
Article 15 by reason of his adjudication in bankruptcy; or C >>( b ) by virtue
of Article 15 by reason of his suspension from practice and the period of his
suspension from practice expires before the date of expiry of the certificate,
B the solicitor may at any time before the certificate expires (and, in the
case of adjudication in bankruptcy, while the adjudication remains unannulled)
apply to the Council to terminate the suspension, and the Council may in their
discretion N >>(i) by order terminate the suspension either unconditionally or
subject to such terms and conditions as the Council think fit; or E >>(ii)
refuse the application. B >(4) A solicitor aggrieved by a decision of the
Council under paragraph (3) not to terminate his suspension or as to any terms
and conditions subject to which his suspension is terminated 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 affirm the decision or may terminate the
suspension either unconditionally or subject to such terms and conditions as
the Lord Chief Justice thinks fit. B>(5) For the purposes of paragraph (4) a
solicitor, who has not received notice of the termination of his suspension
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. B>(6) Where a solicitor's practising certificate
has become suspended by virtue of Article 15 by reason of his suspension from
practice and the suspension of his practising certificate is terminated
unconditionally under paragraph (3) or (4), 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. B>(7) If a solicitor
contravenes any of the terms and conditions subject to which his suspension
has been terminated under paragraph (3) or (4), any person may make a
complaint in respect of the contravention to the Disciplinary Committee. C
Publication of suspension or termination of suspension of practising
certificate A > 17. Where a solicitor's practising certificate has become
suspended the Society shall forthwith cause notice of that suspension to be
published in the Belfast Gazette and a note thereof to be entered against the
name of the solicitor in the roll; and where the suspension is terminated the
Society shall forthwith cause a note of that termination to be entered against
the name of the solicitor in the roll, and, if so requested in writing by the
solicitor, a notice thereof to be published in the Belfast Gazette. N Evidence
of holding or not holding practising certificate A > 18. (1) Any list
purporting to be published by the authority of the Society and to contain the
names of solicitors who have obtained practising certificates for the year
referred to in the list shall, unless the contrary is proved, be evidence that
the persons named in that list are solicitors holding those certificates.
B>(2) The absence from such list of the name of any person shall, unless the
contrary is proved, be evidence that that person is not qualified to practise
as a solicitor during the year referred to in the list, and, as respects any
such person, an extract from the roll, certified as correct by the registrar,
shall be evidence of the facts appearing in the extract. 6 Provisions with
respect to unqualified persons acting as solicitors N Unqualified person not
to act as solicitor A > 19. {5} (1) Subject to Article 81( b ), an unqualified
person shall not act as a solicitor, or as such sue out any writ or process,
or commence, carry on or defend any action, suit or other proceeding, in the
name of any other person or in his own name, in any court of civil or criminal
jurisdiction, or act as a solicitor in any cause or matter, civil or criminal,
to be heard or determined before any court or tribunal. B>(2) If any person
contravenes paragraph (1) he shall C >>( a ) be guilty of contempt of the
court in which the action, suit, cause, matter or proceeding in relation to
which he so acts is brought or taken, and may be punished accordingly; C >>( b
) be incapable of maintaining any action for any costs in respect of anything
done by him in the course of so acting; and C >>( c ) in addition to any other
penalty, liability or disability to which he may be subject, be guilty of an
offence and be liable on summary conviction to a fine not exceeding #200. N
Practising without certificate A > 20. (1) Where C >>( a ) complaint is made
to the Lord Chief Justice that a solicitor who has not in force a practising
certificate entitling him to practise as a solicitor has wilfully and
knowingly appeared, acted, or practised in any respect as a solicitor in any
action, suit, matter or transaction; and C >>( b ) the matter of the complaint
is proved to the satisfaction of the Lord Chief Justice; B the Lord Chief
Justice may impose upon the solicitor a fine not exceeding #100 and, in
addition to or instead of imposing a fine, may suspend the solicitor from
practising as such during such period as to the Lord Chief Justice may seem
fit, or may order the name of the solicitor to be struck off the roll. B>(2)
Any penalties which may be imposed under paragraph (1) shall be in addition to
and not in substitution for any penalty, liability or disability incurred
under any other provision of this Order or any other enactment by a solicitor
acting or practising as such while he is an unqualified person. N Solicitor
practising while bankrupt A > 21. If a solicitor who has been adjudicated
bankrupt continues to practise as a solicitor C >>( a ) while undischarged
from bankruptcy; and C >>( b ) without having had the suspension of his
practising certificate terminated under Article 16(3) or (4) or, if the
suspension was terminated subject to terms and conditions, without complying
with those terms or conditions, he shall be guilty of an offence and shall be
liable, on conviction on indictment, to imprisonment for a term not exceeding
two years. N Penalty for pretending to be a solicitor A > 22. {6} Any
unqualified person who wilfully pretends to be, or takes or uses any name,
title, addition or description implying that he is, qualified or recognised by
law as qualified to act as a solicitor shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding #200. N Unqualified
person not to prepare certain instruments, etc. A > 23. {7} (1) Subject to
paragraph (2), any unqualified person who either directly or indirectly <1970 c.18 ]
(c)lodges any instrument or other document or causes it to be lodged for
registration in the Land Registry or the Registry of Deeds, or makes any
application (other than an application to search in, or to receive copies of
or extracts from, a register) to the Registrar of Titles,
(2) Paragraph (1) shall not apply to
(a)a barrister-at-law or duly certificated notary public;
(b)any public or local authority officer drawing or preparing instruments or
applications in the course of his duty;
(c)any person employed merely to engross any instrument, application or
proceeding;
[(d)a patent agent within the meaning of the Patents Act 1977 preparing for
use in proceedings under that Act or the Patents Act 1949 before the
comptroller (as defined in the former Act) or on appeal under either of those
Acts to the Patents Court from the comptroller, any document other than a
deed;]
(e)an agent on behalf of a landlord for whom such agent collects rent, or an
employee of such agent, who draws or prepares
(i)a contract of tenancy for any period not exceeding three years;
(ii)a notice to quit or deliver up possession of property;
<(iii)an advertisement relating to the sale or letting of property; or
<(iv)any notice served under or for the purposes of any enactment for the time being in force with respect to the extension or enlargement of leasehold interests in land.
(3) For the purposes of paragraphs (1) and (2), the expression "instrument"
does not include
(a)a will or other testamentary instrument;
(b)an agreement under hand only;
(c)a letter or power of attorney; or
(d)a transfer of stock containing no trust or limitation thereof.
© 1976 Crown Copyright
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