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Solicitors (Northern Ireland) Order 1976
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Changes over time for: Section 51B
Version Superseded: 01/04/2015
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- 01/01/2006- Amendment
- 01/01/2006
Point in time - 01/04/2015- Amendment
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[F1Power of Tribunal in relation to legal aidN.I.
51B.—(1) On an inquiry into a complaint made to the Tribunal under Article 44(1) against a solicitor the Tribunal may, whether or not they make any other order on the inquiry,—
F2(a)make an order providing for the exclusion (either permanently or for a specified period) of the solicitor from legal aid work;
F2(b)order that any costs—
(i)otherwise payable under or in accordance with Part II or III of the Order of 1981; or
(ii)otherwise chargeable as mentioned in Article 8(1) of that Order,
in connection with services provided by the solicitor shall be reduced or cancelledF3.
(2) The Tribunal shall not make an order under paragraph (1) unless they determine that there is good reason for doing so arising out of—
F2(a)the conduct of the solicitor in connection with the giving of advice or assistance under Part II of the Order of 1981;
F2(b)the conduct of the solicitor in connection with the provision of services for any person receiving legal aid under Part II or III of the Order of 1981 (including the provision of any such services in the capacity of agent for that person's solicitor); or
(c)the professional conduct generally of the solicitor.
(3) Where the Tribunal make an order under paragraph (1)(a) in the case of a solicitor who is a member of a firm of solicitors, the Tribunal may, if they think fit, order that any other person who is for the time being a member of the firmF2 shall be excluded (either permanently or for a specified period) from legal aid work.
(4) The Tribunal shall not make an order under paragraph (3)F2 excluding any person from legal aid work unless an opportunity is given to him to show cause why the order should not be made.
(5) In so far asF2 any of Articles 7, 8, 13(1) and 36(1) of the Order of 1981 has effect in relation to any costs reduced or cancelled by an order under paragraph (1)(b), it shall so have effect subject to the provisions of that order.
F4(6) In this Article—
(a)“the Order of 1981” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;
(b)references to a person being excluded from legal aid work are references to his being excluded from both of the following classes of persons, namely—
(i)those who may be selected under Article 15(3) of the Order of 1981; and
(ii)those who may be assigned to give legal aid under Part III of that Order.]
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