Article 29 Employment by solicitor of persons whose names have been struck off the roll, etc.C1
Northern Ireland
A solicitor shall not, in connection with his practice as a solicitor, without the written consent of the Council, which may be given for such period and subject to such terms and conditions (if any) as the Council think fit, employ or remunerate any person who to his knowledge is disqualified from practising as a solicitor by reason of the fact that his name has been struck off the roll, or that he is suspended from practising as a solicitor or that he has been refused a practising certificate or that his practising certificate is suspended while he is an undischarged bankrupt F1or the subject of a bankruptcy restrictions order F2or a moratorium period under a debt relief order applies to him or he is the subject of a debt relief restrictions order.
A solicitor aggrieved by a decision of the Council under paragraph (1) refusing to grant any such consent as aforesaid, or as to any terms and conditions attached by the Council to the consent may, within one month from the date on which notice of that decision is served on him, appeal to the Lord Chief Justice who may affirm the decision or may direct the Council to grant the consent for such period and subject to such terms and conditions (if any) as the Lord Chief Justice thinks fit.
For the purposes of paragraph (2) a solicitor who has not received the Council's consent within three weeks after he applied for it, shall be deemed to have received notice at the expiration of that period that the consent has been refused.
If a solicitorF3 knowingly contravenes this Article or any of the terms and conditions subject to which any consent has been given under this Article, any person may make a complaint in respect of the contravention to the Tribunal.
Annotations
Textual amendments
- F1
Words in art. 29(1) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 5(6)
- F2
Words in art. 29(1) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 7(8)
- F3
Modifications
- C1
Art. 29 applied (1.4.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations (Northern Ireland) 2025 (S.R. 2025/70), regs. 1, 5(2)(e)
- C2
Art. 29(1) applied ( with modifications) (1.4.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations (Northern Ireland) 2025 (S.R. 2025/70), regs. 1, 5(4)