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Solicitors (Northern Ireland) Order 1976
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 6(1A) inserted by 2011 c. 24 (N.I.) s. 88(2)
- art. 10(2D) inserted by 2011 c. 24 (N.I.) s. 88(4)
- art. 51(11A) inserted by 2016 c. 14 (N.I.) s. 3(4)
- art.71H(3) revoked by 1996 c. 23 s. 107(2) Sch.4
- art. 75(1A) inserted by 2016 c. 14 (N.I.) s. 3(6)
- art. 75(2A)(2B) inserted by 2011 c. 24 (N.I.) s. 90(1)
[F1Imposition of terms and conditions on current and subsequent practising certificatesN.I.
14A.—(1) Subject to the provisions of this Article, the Council may in the case of any solicitor direct that—
(a)his practising certificate for the time being in force (his “current certificate”); or
(b)his current certificate and any subsequent practising certificate issued by the registrar to the solicitor,
shall have effect subject to such terms and conditions as the Council think fit.
(2) The power to give a direction under this Article in the case of any solicitor shall be exercisable by the Society at any time during the period for which his current certificate is in force if—
(a)in the event of an application for a practising certificate being made by him at that time, Article 13 would have effect in relation to him by reason of any such circumstances as are mentioned in subparagraph (e), (g), (h), (hh), (i) or (j) of paragraph (1) of that Article;
[F2(b)a composition or scheme proposed by the solicitor has been approved under Chapter 2 of Part 8 of the Insolvency (Northern Ireland) Order 1989; or]
(c)Schedule 1 applies in relation to him, by virtue of any provision of this Order.
(3) Subject to paragraph (4), the terms and conditions specified in a direction under this Article shall have effect as from the time when the solicitor concerned is notified of the Council's decision to give the direction.
(4) The Council may, if they think fit, provide in a direction under this Article that the terms and conditions specified in the direction shall not have effect pending the hearing and determination of any appeal under paragraph (6).
(5) Where there is pending against any judgment, order or decree an appeal by a solicitor which, if successful, would result in paragraph (2) no longer being applicable to him, the Council shall not give a direction under this Article in his case so long as the appeal is pending, unless in the opinion of the Council the proceedings on that appeal have been unduly protracted by him or are unlikely to be successful.
(6) A solicitor aggrieved by a decision of the Council under paragraph (1) 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—
(a)affirm or revoke the decision;
(b)give any direction which could have been given by the Council under paragraph (1).]
F2Art. 14A(2)(b) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 3 para. 2; S.R. 2016/203, art. 2
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