The Solicitors (Disciplinary Proceedings) Rules 1994

THE SOLICITORS (DISCIPLINARY PROCEEDINGS) RULES 1994

1.—(A) These Rules may be cited as the Solicitors (Disciplinary Proceedings) Rules 1994 and shall come into force on the 1st day of March 1994 whereupon the Solicitors (Disciplinary Proceedings) Rules 1985(1) shall cease to have effect.

(B) In these Rules the following words have the following meanings:

(i) “solicitor’s clerk” a person who is or was employed or remunerated by a solicitor or by a firm of solicitors as a clerk and is or was not himself a solicitor at the relevant time.

(ii) “the Clerk” the Clerk to the Tribunal or any deputy or person appointed by the Tribunal (whether temporarily or otherwise) to perform the duties of that office.

(iii) “an Application” an originating written requirement (in one of the forms set out in the First Schedule hereto and where requisite supported by a statement) that proceedings be commenced before the Tribunal.In these Rules an “Application” covers also a “complaint” to which reference is made in the Act.

(iv) “the applicant” the person or body making the Application.

(v) “the respondent” any party to the Application who is not the Applicant.

(vi) “the Society” the Law Society.

(vi) “the Act” The Solicitors Act 1974 (as amended by the Administration of Justice Act 1985(2) and the Courts and Legal Services Act 1990(3)).

(viii) “a division of the Tribunal” three members of the Tribunal sitting to hear and determine an application.

(C) Other expressions in these Rules have the meanings assigned to them in the Act and the Regulations made thereunder.

(D) The Interpretation Act 1978(4) applies to these Rules in the same manner as it applies to an Act of ParliaMent.

(E) The Clerk shall be a Solicitor of the Supreme Court of Judicature.

(F) The forms referred to in these Rules by number are set out in the First Schedule hereto.

(G) A summary of time limits prescribed by these Rules is set out in the Second Schedule hereto.

(1)

S.I.1985/226.

(2)

1985 c. 61.

(3)

1990 c. 41.

(4)

1978 c. 30.