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Solicitors Act 1974
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Changes over time for: Section 44
Version Superseded: 27/09/1999
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1992- Amendment
- 01/01/1992
Point in time - 27/09/1999- Amendment
- 31/03/2009- Amendment
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44 Offences in connection with orders under section 43(2).E+W
(1)Any person who, while there is in force in respect of him an order under section 43(2), seeks or accepts any employment by or remuneration from a solicitor in connection with that solicitor’s practice without previously informing him of that order shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale].
(2)Where an order is made under section 43(2) in respect of any person and that order is one—
(a)against which no appeal has been made or which has been confirmed on appeal; and
(b)which has not been revoked under section 43(3),
then, if any solicitor knowingly acts in contravention of that order or of any conditions subject to which permission for the employment of that person has been granted under it, a complaint in respect of that contravention may be made to the Tribunal by or on behalf of the Society.
(3)Any document purporting to be an order under section 43(2) and to be duly signed in accordance with section 48(1) shall be received in evidence in any proceedings under this section and be deemed to be such an order without further proof unless the contrary is shown.
(4)Notwithstanding anything in [F2the M1Magistrates’ Courts Act 1980], proceedings under subsection (1) may be commenced at any time before the expiration of six months from the first discovery of the offence by the prosecutor, but no such proceedings shall be commenced, except with the consent of the Director of Public Prosecutions, by any person other than the Society or a person acting on behalf of the Society.
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F2Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 132
Modifications etc. (not altering text)
C1S. 44(1) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 12(a); S.I. 1991/2683, art. 2
C2S. 44(3) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 34), s. 9, Sch. 2 para. 12(b); S.I. 1991/2683, art. 2
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