Solicitors (Amendment) Act, 1994

General power to discharge indentures (section 33 of Principal Act).

46.—The Principal Act is hereby amended by the substitution of the following section for section 33:

General power to discharge indentures.

33.—(1) Where the Society are of opinion that indentures of apprenticeship ought to be discharged, the Society may, after due notice to, and after due consideration of any submissions from, each party to the indentures of apprenticeship, by order discharge the indentures of apprenticeship on such terms (if any) as they think fit, and determine what period (if any) of service by the apprentice under the indentures of apprenticeship should be deemed good service.

(2) Where the Society make an order pursuant to subsection (1) of this section, the Society shall, as soon as practicable, send a notice in writing to each party to the indentures of apprenticeship stating the terms of the order, the date thereof and the reasons therefor.

(3) A party to indentures of apprenticeship, the subject of an order of the Society made pursuant to subsection (1) of this section, may, within a period of two months from the date of receipt by him of notice in writing pursuant to subsection (2) of this section, apply to the President of the High Court to rescind that decision, and the President of the High Court, on hearing such application and on directing such further enquiries as he may think fit, may, by order—

(a) confirm that it was proper for the Society to make such an order, or

(b) rescind or vary the order of the Society,

and give such consequential directions (if any) as he thinks fit, including a direction as to what period (if any) of service by the apprentice under the indentures of apprenticeship should be deemed good service.”.