Article 46 Procedure on application or complaint against solicitorF1C1C2
Where an application or a complaint is made under Article 44(1)(e), (f) or (h) by a person other than the Society F2..., the Tribunal—
if they decide that a prima facie case has not been shown, shall so notify the applicant or complainant and the solicitor and take no further action; or
if they decide that a prima facie case has been shown shall serve on the solicitor—
a copy of the application or complaint;
a copy of the affidavit;
copies or, at the discretion of the Tribunal, a list of the relevant documents; and
a notice requiring the solicitor to send to the Tribunal, within a specified period, an affidavit by him in answer to the application or complaint, together with any documents, or duly authenticated copies thereof, on which he may rely in support of his answer.
Where an application or a complaint is made under Article 44(1)(e), (f), (g) or (h) by the Society ..., the Tribunal shall serve on the solicitor the documents mentioned in paragraph (1)(b)(i) to (iv).
Where the notice mentioned in paragraph (1)(b)(iv) is served, any party to the application or complaint may inspect the documents furnished by any other party.
After the expiration of the period specified in such notice, the Tribunal shall consider such (if any) affidavit and documents as have been furnished by the solicitor and—
if they decide that there is no cause for further inquiry shall so notify the applicant or complainant and the solicitor and shall take no further action; or
if they decide that there is cause for inquiry, shall hold an inquiry.
Where an applicant or complainant or a solicitor against whom an application or complaint is made has been notified under paragraph (1)(a) or paragraph (4)(a), the Tribunal shall, if so required in writing by the complainant or the solicitor, make a formal order embodying their decision.
Annotations
Textual amendments
- F1
- F2
Words in art. 46(1)(2) repealed (1.9.2025) by Legal Complaints and Regulation Act (Northern Ireland) 2016 (c. 14), s. 55, Sch. 4 para. 2(5), Sch. 5; S.R. 2025/143, art. 2(1)
Modifications
- C1
Art. 46 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)(x)
- C2
Art. 46 modified (1.9.2025) by Legal Complaints and Regulation Act (Northern Ireland) 2016 (c. 14), ss. 38(10)(b), 55; S.R. 2025/143, art. 2(1)