Part II Legal Services

Miscellaneous and supplementary

I137 Admission of solicitors and notaries public.

1

For subsection (2) of section 6 of the 1980 Act (admission of persons as solicitors) there shall be substituted the following subsection—

2

Where—

a

a person has complied with the requirements of subsection (1); but

b

the Council have not lodged a petition for his admission as a solicitor within one month of his having so complied,

he may apply by petition to the court for admission as a solicitor; and if he produces the certificate mentioned in paragraph (b) of subsection (1) the court shall make an order admitting him as a solicitor.

2

Section 57 of that Act (admission of notaries public) shall be amended as follows—

a

for subsection (1) there shall be substituted—

1

The offices and functions of—

a

the clerk to the admission of notaries public; and

b

the keeper of the register of notaries public,

are hereby transferred to the Council.

b

in subsection (2), for the words from “grant” to the end there shall be substituted “ direct the Council to register him in the register of notaries public.” ”;

c

after subsection (2) there shall be inserted the following subsections—

2A

A petition by the Council under section 6(3A) for the admission of a person as a solicitor may, if the person so requests, include an application for the person’s admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.

2B

A petition by a person under section 6(2)for his admission as a solicitor may include an application for his admission as a notary public; and an order on any such petition admitting that person as a solicitor may admit him as a notary public and direct the Council to register him in the register of notaries public.

d

in subsection (4) for the word “solicitor” there shall be substituted “ person” ”; and

e

for subsection (5) there shall be substituted—

5

The Council may charge such reasonable fees as they consider appropriate in respect of the admission of any person as a notary public.

3

In section 58 of that Act (removal from and restoration to the register of names of notaries public)—

a

in subsection (1), for the words from “give” to the end there shall be substituted “ strike off or, as the case may be, remove his name from the register of notaries public” ”;

b

in subsection (2), for the words from “it” to “thereupon” there shall be substituted “ the Council shall forthwith” ”;

c

at the end of that section there shall be added the following subsections—

3

Where a person who is both a solicitor and a notary public is suspended from practising as a solicitor under this Act the Council shall forthwith remove the person’s name from the register of notaries public.

4

If the suspension of such a person as is mentioned in subsection (3) is terminated or otherwise comes to an end the Council shall restore the person’s name to the register.