OpenLegislation

Solicitors (Northern Ireland) Order 1976

1976/582 · Made 12 April 1976 · Extends to Northern Ireland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 July 2026.

See the changes not yet applied
ProvisionChangeMade by
art. 6(1A)insertedJustice Act (Northern Ireland) 2011 s. 88(2)
art. 10(2D)insertedJustice Act (Northern Ireland) 2011 s. 88(4)
art. 75(2A)(2B)insertedJustice Act (Northern Ireland) 2011 s. 90(1)
art. 41B(1)words substitutedLegal Complaints and Regulation Act (Northern Ireland) 2016 Sch. 4 para. 2(4)

[12th April 1976]

Contents

  1. IINTRODUCTORY
  2. 1Title
  3. 3Interpretation
  4. Part II: QUALIFICATION, ADMISSION, PRACTISING CERTIFICATES, ETC.
  5. Qualifications and admission
  6. 4Qualifications for practising as solicitor
  7. 5Admission of solicitors
  8. 6Regulations as to the education, training, etc., of persons seeking admission or having been admitted as solicitors
  9. 7Registrar
  10. 8Keeping and custody of the roll
  11. 9Entry of name on roll
  12. 9AAuthorisation of Society conferring additional rights of audience Not yet in force
  13. Practising certificates
  14. 10Application for practising certificate and register of practising solicitors
  15. 11Issue, date and expiry of practising certificate
  16. 12Absence of solicitor from Northern Ireland
  17. 13Discretion of registrar to refuse certificate in special cases
  18. 14Appeals in connection with issue of practising certificates
  19. 14AImposition of terms and conditions on current and subsequent practising certificates
  20. 15Suspension of practising certificate
  21. 16Duration of suspension of practising certificate
  22. 17Publication of suspension or termination of suspension of practising certificate
  23. 17AApplication for issue of practising certificate freed from terms and conditions
  24. 17BTerms and conditions in practising certificates
  25. 18Evidence of holding or not holding practising certificate
  26. Provisions with respect to unqualified persons acting as solicitors
  27. 19Unqualified person not to act as solicitor
  28. 20Practising without certificate
  29. 21Solicitor practising while bankrupt
  30. 21ASolicitor practising whilst subject to a bankruptcy restrictions order or subject to a debt relief restrictions order
  31. 21BSolicitor practising within the moratorium period which follows the making of a debt relief order
  32. 22Penalty for pretending to be a solicitor
  33. 23Unqualified person not to prepare certain instruments, etc.
  34. 24Preparation of papers for probate, etc.
  35. 25Costs not recoverable where unqualified person acts as solicitor
  36. Part III: PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE
  37. General power to make regulations
  38. 26General power to make regulations as to professional practice, conduct and discipline of solicitors
  39. Incorporated practices
  40. 26AIncorporated practices
  41. 26BPenalty for pretending to be a body recognised under Article 26A
  42. Restrictions on conduct of practice
  43. 27Acting as agent for unqualified person
  44. 28Sharing of profits or fees with unqualified persons
  45. 29Employment by solicitor of persons whose names have been struck off the roll, etc.
  46. 30Failure to disclose fact of name having being struck off the roll, etc.
  47. 31Provisions as to clerk or apprentice found guilty of offences or party to misconduct of solicitor
  48. 32Winding-up practice of a deceased solicitor
  49. Accounts, etc.
  50. 33Regulations as to keeping of accounts by solicitors
  51. 34Interest on clients' money
  52. 35Accountants' reports
  53. Control of solicitors' property in certain cases
  54. 36Powers of Council to deal with property in control of certain solicitors and other persons
  55. 37Power of Council to deal with property of solicitors removed from or struck off the roll
  56. 38Solicitors guilty of undue delay in certain matters
  57. 39Control of deceased solicitor's practice in certain circumstances
  58. 40On death of solicitor practising on his own account Society may deal with banking accounts of practice
  59. 40ADuty to advise client as to representation in court Not yet in force
  60. 40BDuty to inform court as to compliance with Article 40A(2) Not yet in force
  61. 41Extension of Bankruptcy Acts, etc.
  62. ...
  63. 41APower of Council to impose sanctions for inadequate professional services Repealed
  64. Examination of files
  65. 41BPower of Society to examine files in connection with complaints
  66. Lay observers
  67. 42Lay observers Repealed
  68. Disciplinary proceedings before the Disciplinary Committee
  69. 43The Solicitors Disciplinary Tribunal
  70. 44Applications and complaints to Tribunal
  71. 45Procedure on application by solicitor or former solicitor
  72. 46Procedure on application or complaint against solicitor
  73. 48Powers of Tribunal on inquiry being held
  74. 49Representation before Tribunal
  75. 50Application of Bankers' Books Evidence Act 1879
  76. 51Orders of Tribunal on inquiry
  77. 51APower of Tribunal to impose sanctions for inadequate professional services Repealed
  78. 51BPower of Tribunal in relation to legal aid
  79. 51CPower of Tribunal to make recommendation for application of Schedule 1 to solicitor
  80. 52Effect, notice and recording of orders of Disciplinary Committee
  81. 53Appeals against orders of the Tribunal
  82. 54Publication, etc., of orders
  83. Part IV: THE COMPENSATION FUND AND PROFESSIONAL INDEMNITY
  84. 55The Compensation Fund
  85. 56Grants in case of loss
  86. 57Grants in case of hardship
  87. 58Provisions as to grants in case of loss or hardship
  88. 59Subvention grants
  89. 60Provisions as to subvention grants
  90. 61Power to make regulations as to procedure
  91. 62Grants may be made whether or not solicitor had practising certificate
  92. 63Professional indemnity
  93. Part V: REMUNERATION OF SOLICITORS
  94. Contentious business
  95. 64Contentious business agreements
  96. 65Effect of contentious business agreements
  97. 66Enforcement of contentious business agreements
  98. 67Contentious business agreements by certain representatives
  99. 68Effect on contentious business agreement of death, incapability or change of solicitor
  100. 69Security for costs and termination of retainer
  101. 70Taxations with respect to contentious business
  102. Non‐contentious business
  103. 71Orders as to remuneration of solicitors for non‐contentious business
  104. 71ANon‐contentious business agreements
  105. 71BCertain stipulations and restrictions on purchasers to be void
  106. Remuneration—general
  107. 71CPower of court to order solicitor to deliver bill
  108. 71DRight to furnish bill in general terms
  109. 71EAction to recover solicitors' costs
  110. 71FOrder for taxation
  111. 71GProvisions as to taxation
  112. 71HCharging orders
  113. VIMISCELLANEOUS AND GENERAL
  114. 72AExercise of solicitors' lien on documents by Society
  115. 73Cessation and suspension of membership of Society, etc.
  116. 73ACommittees of the Council
  117. 74Powers to act on behalf of the Society and proof of resolutions
  118. 75Regulations and rules
  119. 76Time limit for commencement of certain proceedings
  120. 77Relief to banks
  121. 78Administration of oaths and taking of affidavits
  122. 81Savings
  123. 82Repeals and transitional provisions
  124. Schedule 1
  125. Part I: PROPERTY IN THE CONTROL OR POSSESSION OF CERTAIN SOLICITORS AND OTHER PERSONS
  126. Interpretation
  127. 1Paragraph 1
  128. Production, delivery and taking possession of documents
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. 6Paragraph 6
  134. 7Paragraph 7
  135. 8Paragraph 8
  136. Control of moneys
  137. 9Paragraph 9
  138. 10Paragraph 10
  139. 11Paragraph 11
  140. 12Paragraph 12
  141. 13Paragraph 13
  142. 14Paragraph 14
  143. Re-direction of postal packets
  144. 15Paragraph 15
  145. Removal of solicitor-trustee from trust
  146. 16Paragraph 16
  147. General
  148. 17Paragraph 17
  149. 18Paragraph 18
  150. 19Paragraph 19
  151. 20Paragraph 20
  152. 21Paragraph 21
  153. 22Paragraph 22
  154. Part II: POWERS EXERCISABLE BY THE SOCIETY AS ATTORNEY
  155. 22AParagraph 22A
  156. 23Paragraph 23
  157. Schedule 1A: INCORPORATED PRACTICES: SUPPLEMENTARY PROVISIONS
  158. Part: Interpretation
  159. 1Paragraph 1
  160. Part: Appeal against refusal or revocation by Council of recognition
  161. 2Paragraph 2
  162. Part: Power of registrar to inspect files relating to certain proceedings
  163. 3Paragraph 3
  164. Part: Acting as agent for unqualified person
  165. 4Paragraph 4
  166. Part: Sharing of profits or fees with unqualified persons
  167. 5Paragraph 5
  168. Part: Employment of persons struck off roll or suspended
  169. 6Paragraph 6
  170. Part: Failure to disclose fact of name having been struck off the roll, etc.
  171. 7Paragraph 7
  172. Part: Employment of persons found guilty of offences or party to misconduct
  173. 8Paragraph 8
  174. Part: Winding-up practice of a deceased solicitor
  175. 9Paragraph 9
  176. Part: Interest on clients' money
  177. 10Paragraph 10
  178. Part: Accountants' reports
  179. 11Paragraph 11
  180. Part: Control of recognised body's property in certain cases
  181. 12Paragraph 12
  182. 13Paragraph 13
  183. 14Paragraph 14
  184. 15Paragraph 15
  185. Part: ...
  186. 16Paragraph 16 Repealed
  187. Part: Examination of files
  188. 17Paragraph 17
  189. Part: ...
  190. 18Paragraph 18 Repealed
  191. Part: Complaints to Tribunal with respect to recognised bodies
  192. 19Paragraph 19
  193. Part: Procedure on applications and complaints
  194. 20Paragraph 20
  195. Part: Powers of Tribunal with respect to recognised bodies
  196. 21Paragraph 21
  197. Part: ...
  198. 22Paragraph 22 Repealed
  199. Part: Powers of Tribunal in relation to legal aid
  200. 23Paragraph 23
  201. Part: Power of Tribunal to make recommendation for application of Schedule 1 to recognised body
  202. 24Paragraph 24
  203. Part: Effect, notice and recording of orders of Tribunal
  204. 25Paragraph 25
  205. Part: Revocation of recognition by reason of default by director
  206. 26Paragraph 26
  207. Part: Compensation Fund
  208. 27Paragraph 27
  209. Part: Costs: general modification of provisions of Part V
  210. 28Paragraph 28
  211. Part: Effect of business agreements
  212. 29Paragraph 29
  213. Part: Effect on contentious business agreement of supervening incapacity of recognised body to act for client
  214. 30Paragraph 30
  215. Part: Taxations with respect to contentious business
  216. 31Paragraph 31
  217. Part: Orders as to remuneration for non-contentious business
  218. 32Paragraph 32
  219. Part: Power of court to order delivery of bill of costs, etc.
  220. 33Paragraph 33
  221. Part: Power of court to order recognised body to pay over clients' money
  222. 34Paragraph 34
  223. Part: Actions to recover costs
  224. 35Paragraph 35
  225. Part: Lien on documents
  226. 36Paragraph 36
  227. Part: Bank and building society accounts
  228. 37Paragraph 37
  229. Part: Privilege from disclosure etc.
  230. 38Paragraph 38
  231. Part: Modification of enactments relating to conveyancing etc.
  232. 39Paragraph 39
  233. Schedule 2: THE COMPENSATION FUND
  234. 1Paragraph 1
  235. 2Paragraph 2
  236. Paragraph
  237. 3Paragraph 3
  238. 4Paragraph 4
  239. Paragraph
  240. 5Paragraph 5
  241. 6Paragraph 6
  242. 7Paragraph 7
  243. 8Paragraph 8
  244. Schedule Schedule