Section 44C Power to charge for costs of investigations.F1C1F2F3C2
England and Wales
The Society may make regulations prescribing charges to be paid to the Society by solicitors who are the subject of a discipline investigation.
A “discipline investigation” is an investigation carried out by the Society into—
possible professional misconduct by a solicitor, or
a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Society.
Regulations under this section may—
make different provision for different cases or purposes;
provide for the whole or part of a charge payable under the regulations to be repaid in such circumstances as may be prescribed by the regulations.
Any charge which a solicitor is required to pay under regulations under this section is recoverable by the Society as a debt due to the Society from the solicitor.
This section (other than subsection (2)(a)) applies in relation to an employee of a solicitor as it applies in relation to a solicitor.
Annotations
Textual amendments
- F1
S. 44C and cross-heading inserted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 13 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)
- F2
S. 44C substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 177, 211, Sch. 16 para. 45 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(i) (subject to art. 4)
- F3
S. 44C and cross-heading inserted (27.9.1999) by 1999 c. 22, s. 48, Sch. 7 para. 13 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)
Modifications
- C1
S. 44C applied (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 25
- C2
S. 44C extended (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 7(2) (as amended (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), art. 3(7)(c))
- C3
S. 44C(1)-(4) extended (with modifications) (1.7.2009) by The Registered Foreign Lawyers Order 2009 (S.I. 2009/1589), art. 3(2)(j), Sch.