Solicitors (Northern Ireland) Order 1976

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title

   2. Art.2—Commencement

   3. 3. Interpretation

3. PART II QUALIFICATION, ADMISSION, PRACTISING CERTIFICATES, ETC.

   1. Qualifications and admission

      1. 4. Qualifications for practising as solicitor

      2. 5. Admission of solicitors

      3. 6. Regulations as to the education, training, etc., of persons seeking admission or having been admitted as solicitors

      4. 7. Registrar

      5. 8. Keeping and custody of the roll

      6. 9. Entry of name on roll

      7. 9A. Authorisation of Society conferring additional rights of audience

   2. Practising certificates

      1. 10. Application for practising certificate and register of practising solicitors

      2. 11. Issue, date and expiry of practising certificate

      3. 12. Absence of solicitor from Northern Ireland

      4. 13. Discretion of registrar to refuse certificate in special cases

      5. 14. Appeals in connection with issue of practising certificates

      6. 14A. Imposition of terms and conditions on current and subsequent practising certificates

      7. 15. Suspension of practising certificate

      8. 16. Duration of suspension of practising certificate

      9. 17. Publication of suspension or termination of suspension of practising certificate

      10. 17A. Application for issue of practising certificate freed from terms and conditions

      11. 17B. Terms and conditions in practising certificates

      12. 18. Evidence of holding or not holding practising certificate

   3. Provisions with respect to unqualified persons acting as solicitors

      1. 19. Unqualified person not to act as solicitor

      2. 20. Practising without certificate

      3. 21. Solicitor practising while bankrupt

      4. 21A. Solicitor practising whilst subject to a bankruptcy restrictions order or subject to a debt relief restrictions order

      5. 21B. Solicitor practising within the moratorium period which follows the making of a debt relief order

      6. 22. Penalty for pretending to be a solicitor

      7. 23. Unqualified person not to prepare certain instruments, etc.

      8. 24. Preparation of papers for probate, etc.

      9. 25. Costs not recoverable where unqualified person acts as solicitor

4. PART III PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE

   1. General power to make regulations

      1. 26. General power to make regulations as to professional practice, conduct and discipline of solicitors

   2. Incorporated practices

      1. 26A. Incorporated practices

      2. 26B. Penalty for pretending to be a body recognised under Article 26A

   3. Restrictions on conduct of practice

      1. 27. Acting as agent for unqualified person

      2. 28. Sharing of profits or fees with unqualified persons

      3. 29. Employment by solicitor of persons whose names have been struck off the roll, etc.

      4. 30. Failure to disclose fact of name having being struck off the roll, etc.

      5. 31. Provisions as to clerk or apprentice found guilty of offences or party to misconduct of solicitor

      6. 32. Winding-up practice of a deceased solicitor

   4. Accounts, etc.

      1. 33. Regulations as to keeping of accounts by solicitors

      2. 34. Interest on clients' money

      3. 35. Accountants' reports

   5. Control of solicitors' property in certain cases

      1. 36. Powers of Council to deal with property in control of certain solicitors and other persons

      2. 37. Power of Council to deal with property of solicitors removed from or struck off the roll

      3. 38. Solicitors guilty of undue delay in certain matters

      4. 39. Control of deceased solicitor's practice in certain circumstances

      5. 40. On death of solicitor practising on his own account Society may deal with banking accounts of practice

      6. 40A. Duty to advise client as to representation in court

      7. 40B. Duty to inform court as to compliance with Article 40A(2)

      8. 41. Extension of Bankruptcy Acts, etc.

   6. Imposition by Council of disciplinary sanctions for inadequate professional services

      1. 41A. Power of Council to impose sanctions for inadequate professional services

   7. Examination of files

      1. 41B. Power of Society to examine files in connection with complaints

   8. Lay observers

      1. 42. Lay observers

   9. Disciplinary proceedings before the Disciplinary Committee

      1. 43. The Solicitors Disciplinary Tribunal

      2. 44. Applications and complaints to Tribunal

      3. 45. Procedure on application by solicitor or former solicitor

      4. 46. Procedure on application or complaint against solicitor

      5. 48. Powers of Tribunal on inquiry being held

      6. 49. Representation before Tribunal

      7. 50. Application of Bankers' Books Evidence Act 1879

      8. 51. Orders of Tribunal on inquiry

      9. 51A. Power of Tribunal to impose sanctions for inadequate professional services

      10. 51B. Power of Tribunal in relation to legal aid

      11. 51C. Power of Tribunal to make recommendation for application of Schedule 1 to solicitor

      12. 52. Effect, notice and recording of orders of Disciplinary Committee

      13. 53. Appeals against orders of the Tribunal

      14. 54. Publication, etc., of orders

5. PART IV THE COMPENSATION FUND AND PROFESSIONAL INDEMNITY

   1. 55. The Compensation Fund

   2. 56. Grants in case of loss

   3. 57. Grants in case of hardship

   4. 58. Provisions as to grants in case of loss or hardship

   5. 59. Subvention grants

   6. 60. Provisions as to subvention grants

   7. 61. Power to make regulations as to procedure

   8. 62. Grants may be made whether or not solicitor had practising certificate

   9. 63. Professional indemnity

6. PART V REMUNERATION OF SOLICITORS

   1. Contentious business

      1. 64. Contentious business agreements

      2. 65. Effect of contentious business agreements

      3. 66. Enforcement of contentious business agreements

      4. 67. Contentious business agreements by certain representatives

      5. 68. Effect on contentious business agreement of death, incapability or change of solicitor

      6. 69. Security for costs and termination of retainer

      7. 70. Taxations with respect to contentious business

   2. Non‐contentious business

      1. 71. Orders as to remuneration of solicitors for non‐contentious business

      2. 71A. Non‐contentious business agreements

      3. 71B. Certain stipulations and restrictions on purchasers to be void

   3. Remuneration—general

      1. 71C. Power of court to order solicitor to deliver bill

      2. 71D. Right to furnish bill in general terms

      3. 71E. Action to recover solicitors' costs

      4. 71F. Order for taxation

      5. 71G. Provisions as to taxation

      6. 71H. Charging orders

7. PART VI MISCELLANEOUS AND GENERAL

   1. Art. 72 rep. by 1989 NI 14

   2. 72A. Exercise of solicitors' lien on documents by Society

   3. 73. Cessation and suspension of membership of Society, etc.

   4. 73A. Committees of the Council

   5. 74. Powers to act on behalf of the Society and proof of resolutions

   6. 75. Regulations and rules

   7. 76. Time limit for commencement of certain proceedings

   8. 77. Relief to banks

   9. 78. Administration of oaths and taking of affidavits

   10. Arts.79, 80 rep. by 1978 c.23

   11. 81. Savings

   12. 82. Repeals and transitional provisions

8. SCHEDULES

   1. SCHEDULE 1

      Aricles 36(1), 37(1), 38, 39. PART I PROPERTY IN THE CONTROL OR POSSESSION OF CERTAIN...

      1. PART I PROPERTY IN THE CONTROL OR POSSESSION OF CERTAIN SOLICITORS AND OTHER PERSONS

         1. Interpretation

            1. 1. In this Schedule— Definition rep. by 1989 NI 14 “documents” means deeds, wills, documents constituting...

         2. Production, delivery and taking possession of documents

            1. 2. (1) The Society may require the production or delivery to any person appointed by the...

            2. 3. (1) If any person having possession or control of any such documents fails to comply...

            3. 4. Upon taking possession of any such documents, the Society shall serve upon the solicitor and...

            4. 5. Within fourteen days after the service of a notice under paragraph 4, the solicitor or...

            5. 6. If no application is made under paragraph 5 or if the judge to whom any...

            6. 7. At any time after a period of six years from the date on which the...

            7. 8. (1) The provisions of this Schedule shall have effect in relation to documents notwithstanding any...

         3. Control of moneys

            1. 9. (1) . . . the High Court may, on the application of the Society, order...

            2. 10. The Society may, on a resolution in that behalf made by the Council, take control...

            3. 11. Within fourteen days of the service of a notice under paragraph 10 the solicitor or...

            4. 12. Subject to the service of any notice under paragraph 10, and to any application that...

            5. 13. (1) If any person fails to comply with the requirements of any notice given under...

            6. 14. (1) If the Society have reason to suspect that any person holds any money on...

         4. Re-direction of postal packets

            1. 15. (1) . . . the High Court, on the application of the Society, may order...

         5. Removal of solicitor-trustee from trust

            1. 16. (1) If the solicitor is a trustee of a controlled trust, the Society may apply...

         6. General

            1. 17. Subject to any order for the payment of costs that may be made on an...

            2. 18. The Society may do all things which in their opinion are necessary for the purpose...

            3. 19. The Society may apply to . . . the High Court for an order making...

            4. 20. If any claim or charge is made or any proceeding is taken against the Society...

            5. 21. The Society may make regulations for the purposes of carrying the provisions of this Schedule...

            6. 22. References in this Schedule to a banking or building society account include references to any...

      2. PART II POWERS EXERCISABLE BY THE SOCIETY AS ATTORNEY

         1. 22A. (1) Without prejudice to paragraph 13(1)(b)(ii), the High Court may at any time, on the...

         2. 23. The powers exercisable pursuant to paragraph 22A(2) are as follows— (1) To operate all banking...

   2. SCHEDULE 1A

      INCORPORATED PRACTICES: SUPPLEMENTARY PROVISIONS

      1. Interpretation

         1. 1. (1) Subject to sub‐paragraph (2), references in this Schedule to a recognised body are references...

      2. Appeal against refusal or revocation by Council of recognition

         1. 2. (1) A body corporate aggrieved by a decision of the Council refusing an application for...

      3. Power of registrar to inspect files relating to certain proceedings

         1. 3. Article 15(5) shall apply in relation to proceedings which have been brought with respect to...

      4. Acting as agent for unqualified person

         1. 4. (1) No recognised body shall wilfully and knowingly (a) act as agent in any action,...

      5. Sharing of profits or fees with unqualified persons

         1. 5. (1) Subject to sub-paragraph (2), a recognised body which knowingly shares any of its profits...

      6. Employment of persons struck off roll or suspended

         1. 6. Article 29 (except paragraph (4)) shall apply to a recognised body and its business as...

      7. Failure to disclose fact of name having been struck off the roll, etc.

         1. 7. Article 30 shall apply in relation to employment by a recognised body in connection with...

      8. Employment of persons found guilty of offences or party to misconduct

         1. 8. In Article 31(1) to (4)— (a) any reference to a person who is or was...

      9. Winding-up practice of a deceased solicitor

         1. 9. In Article 32 the reference to a duly qualified solicitor shall be construed as including...

      10. Interest on clients' money

          1. 10. (1) Where regulations made under Article 33 and containing any such provision as is referred...

      11. Accountants' reports

          1. 11. (1) In Article 35— (a) paragraphs (1) and (2); and (b) subject to any regulations...

      12. Control of recognised body's property in certain cases

          1. 12. (1) Where the Council have reasonable cause to believe and have passed a resolution stating...

          2. 13. (1) Where the recognition of a body corporate under Article 26A— (a) has been revoked...

          3. 14. Where— (a) a complaint is made to the Council that there has been undue delay...

          4. 15. In connection with the application of Schedule 1 for the purposes of this Schedule, in...

      13. Powers of Council in respect of inadequate professional services

          1. 16. (1) In Article 41A (except paragraphs (8) and (9))— (a) any reference to a solicitor...

      14. Examination of files

          1. 17. (1) Where the Council are satisfied that it is necessary to do so for the...

      15. Lay observers

          1. 18. (1) Paragraph (1)(b) of Article 42 shall apply in relation to a complaint about a...

      16. Complaints to Tribunal with respect to recognised bodies

          1. 19. (1) The Tribunal shall have jurisdiction to hear and determine any of the following complaints...

      17. Procedure on applications and complaints

          1. 20. In Article 46 any reference to a solicitor shall be construed as including a reference...

      18. Powers of Tribunal with respect to recognised bodies

          1. 21. (1) Where on an inquiry into any complaint made to it under this Schedule the...

      19. Powers of Tribunal in respect of inadequate professional services

          1. 22. (1) The powers conferred on the Tribunal by Article 51A shall be exercisable on an...

      20. Powers of Tribunal in relation to legal aid

          1. 23. (1) Where the Tribunal makes any such order as is referred to in Article 51B(1)(a)...

      21. Power of Tribunal to make recommendation for application of Schedule 1 to recognised body

          1. 24. (1) Where the Tribunal hold an inquiry into any application or complaint made under this...

      22. Effect, notice and recording of orders of Tribunal

          1. 25. (1) Where the Tribunal make an order— (a) under paragraph 21(2)(b), (c), (d) or (e)...

      23. Revocation of recognition by reason of default by director

          1. 26. (1) Where— (a) an order is made by the Lord Chief Justice under Article 20(1)...

      24. Compensation Fund

          1. 27. (1) On an application for recognition under Article 26A a body corporate shall pay to...

      25. Costs: general modification of provisions of Part V

          1. 28. (1) In the provisions to which this paragraph applies— (a) any reference to a solicitor...

      26. Effect of business agreements

          1. 29. A provision in a contentious or non-contentious business agreement made between a recognised body and...

      27. Effect on contentious business agreement of supervening incapacity of recognised body to act for client

          1. 30. (1) If, after some business has been done under a contentious business agreement made between...

      28. Taxations with respect to contentious business

          1. 31. Subject to the provisions of any rules of court or county court rules, on every...

      29. Orders as to remuneration for non-contentious business

          1. 32. In relation to an order under Article 71 regulating (in accordance with paragraph 28) the...

      30. Power of court to order delivery of bill of costs, etc.

          1. 33. Any jurisdiction— (a) of the High Court to make any such orders as are referred...

      31. Power of court to order recognised body to pay over clients' money

          1. 34. Any jurisdiction of the High Court to make, in the case of a solicitor who...

      32. Actions to recover costs

          1. 35. Paragraph (2) of Article 71E shall have effect in relation to a bill of costs...

      33. Lien on documents

          1. 36. Article 72A shall apply in relation to a recognised body as it applies in relation...

      34. Bank and building society accounts

          1. 37. Article 77 shall apply in relation to a recognised body as it applies in relation...

      35. Privilege from disclosure etc.

          1. 38. (1) Any communication made to or by a recognised body in the course of its...

      36. Modification of enactments relating to conveyancing etc.

          1. 39. In the following provisions, namely— (a) sections 56 and 66 of the Conveyancing Act 1881;...

   3. SCHEDULE 2

      THE COMPENSATION FUND

      1. 1. The fund shall be maintained and administered by the Society and shall be held by...

      2. 2. Every solicitor shall on each occasion on which a practising certificate is issued to him...

      3. Provided that— (a) a solicitor shall not be required to pay the annual contribution on...

      4. Provided that— (a) a solicitor shall not be required to pay the annual contribution on...

      5. 3. The Society may invest in trustee investments any money which forms part of the fund...

      6. 4. . . . the Society may borrow for the purposes of the fund from any...

      7. Provided that the aggregate sum owing at any one time in respect of such loans...

      8. Provided that the aggregate sum owing at any one time in respect of such loans...

      9. 5. The Society may insure with any person authorised by law to carry on insurance business...

      10. 6. There shall be carried to the credit of the fund— (a) all moneys and all...

      11. 7. All money from time to time forming part of the fund and all investments of...

      12. 8. Notwithstanding anything in Part IV or in this Schedule, the Society shall not make any...

   4. Schedule 3—Repeals