Solicitors (Northern Ireland) Order 1976

Provisions as to clerk or apprentice found guilty of offences or party to misconduct of solicitor N.I.

31.—(1) Where—

(a) a person has been convicted of any offence under the Theft Act (Northern Ireland) 1969 [1969 c.16] or has been convicted, in Northern Ireland or elsewhere, of any offence involving dishonesty; or

[F1 (b) it appears to the Society, in the course or as a result of any proceedings before the Tribunal, that a person who is or was an employee of a solicitor, but is not himself a solicitor, has been a party to any act or default of such solicitor which involved conduct on that person's part of such a nature that in the opinion of the Society it would be undesirable for him to be employed by a solicitor in connection with his practice; or

(c) a person has had his name struck off a roll of solicitors in Great Britain or the Republic of Ireland or has been suspended from practice in Great Britain or the Republic of Ireland and his name remains so struck off or he remains so suspended,]

an application may be made by or on behalf of the Society to the[F1 Tribunal] that an order be made directing that, as from a date to be specified therein, no solicitor shall, in connection with his practice as a solicitor, take or retain the said person into or in his employment or remunerate the said person without the written consent of the Society, which may be given for such period and subject to such terms and conditions (if any) as the Society think fit.

(2) Such application shall be made to and heard by the[F1 Tribunal] in accordance with rules[F1 made under Article 43(8)] and, on the hearing of the application, the[F1 Tribunal] shall have power to make such an order as is mentioned in paragraph (1) and an order as to the payment of costs by any party.

(3) The provisions of Articles 48 to 54 shall have effect for the purposes of this Article, so however that, in the application of Article 52 for the purposes of this Article, references to an order directing that a solicitor is to be suspended from practice shall be construed as including references to an order made as mentioned in paragraph (1) with respect to any person.

(4) Any person who, while an order under this Article is in force in respect of him, seeks or accepts employment by or remuneration from a solicitor in connection with his practice as a solicitor without previously informing him of such order, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F2 level 3 on the standard scale].

(5) If a solicitor[F1 knowingly contravenes any order under this Article or] any of the terms and conditions subject to which any consent has been given under this Article, any person may make a complaint in respect of the contravention to the[F1 Tribunal].

Para. (6) rep. by 1989 NI 14

F1 1989 NI 14

F2 1984 NI 3