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Solicitors Act 1974
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Changes over time for: Section 44B
Version Superseded: 31/03/2009
Alternative versions:
- 01/02/1991- Amendment
- 27/09/1999- Amendment
- 27/09/1999
Point in time - 31/03/2009- Amendment
- 01/11/2015- Amendment
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Point in time view as at 27/09/1999. This version of this provision has been superseded.
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44B[F1Examination of files.]E+W
(1)Where the Council are satisfied that it is necessary to do so for the purpose of [F2investigating—
(a)whether there has been professional misconduct by a solicitor;
(b)whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council;
(c)whether any professional services provided by a solicitor were not of the quality which it is reasonable to expect of him as a solicitor; or
(d)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a solicitor in connection with his practice,]
the Society may give notice to the solicitor or his firm requiring the production or delivery to any person appointed by the Society, at a time and place to be fixed by the Society, of [F3all relevant documents in the possession of the solicitor or his firm.]
(2)Sub–paragraphs (2) to (12) of paragraph 9 of Schedule 1, together with paragraphs 12 to 16 of that Schedule, shall apply in relation to the powers conferred by subsection (1) as they apply in relation to the powers conferred by sub–paragraph (1) of paragraph 9, and accordingly in those provisions—
(a)any reference to a person appointed, or to a requirement, under that sub–paragraph shall be construed as including a reference to a person appointed, or to a requirement, under subsection (1); and
(b)any reference to any such documents as are mentioned in that sub–paragraph shall be construed as including a reference to any such documents as are mentioned in subsection (1).
Textual Amendments
F1S. 44B sidenote substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 11(3) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)
F2Words in s. 44B(1) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 11(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)
F3Words in s. 44B(1) substituted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 11(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)
Modifications etc. (not altering text)
C1S. 44B extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(2)
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