Solicitors (Amendment) Act, 1994

Disclosure of having been struck off roll, etc. (section 63 of Principal Act).

21.—The Principal Act is hereby amended by the substitution of the following section for section 63:

Disclosure of having been struck off roll, etc.

63.—(1) A person who is an unqualified person by reason of—

(a) his name having been struck off the roll, or

(b) his suspension from practice, or

(c) his having had the issue to him of a practising certificate refused under section 49 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, or

(d) his having his practising certificate suspended under section 58 of the Solicitors (Amendment) Act, 1994, or

(e) his having given to the High Court an undertaking not to practise as a solicitor,

shall not seek or accept employment from any person in any capacity involving or in connection with the provision of legal services without previously informing that person that he is such an unqualified person.

(2) Save under and in accordance with a written permission under this section, a solicitor—

(a) whose name has been struck off the roll, or

(b) who is suspended from practice, or

(c) to whom a practising certificate has been refused under section 49 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, or

(d) whose practising certificate has been suspended under section 58 of the Solicitors (Amendment) Act, 1994, or

(e) who has given an undertaking to the High Court not to practise as a solicitor,

shall not engage in any work in any capacity involving, or in connection with, the provision of legal services, whether in relation to his former practice as a solicitor or otherwise, until—

(i) the High Court has made an order restoring his name to the roll, or

(ii) the High Court has lifted the said order of suspension from practice, or

(iii) the High Court has made an order directing the granting of a practising certificate to him, or

(iv) the High Court has discharged any order of suspension of his practising certificate, or

(v) the High Court has released him from any undertaking by him not to practise as a solicitor,

as the case may be.

(3) A solicitor who contravenes subsection (1) or (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £1,500.

(4) The Society may grant a permission for the purposes of subsection (2) of this section for such period and subject to such conditions as they think fit.

(5) Where a solicitor has been issued with a practising certificate that is subject to a condition or conditions under section 59 of the Solicitors (Amendment) Act, 1994, that solicitor shall be deemed to be an unqualified person for the purposes of subsection (1) of this section to the extent that such condition or conditions prohibit him from engaging in the provision of a certain category or categories of legal services.”.