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SOLICITORS (NORTHERN IRELAND) ORDER 1976 - SECT 82

82.Para.(1), with Schedule 3, effects repeals

(2) Notwithstanding the repeal of section 9 of the Solicitors Remuneration Act
1881 by paragraph (1), the Attorneys' and Solicitors' Act 1870 shall not apply
to non-contentious business.

(3) Any admission, appointment, approval, fee, notice, certificate,
instrument, order, rule, regulation, direction, appeal or proceeding under or
for the purposes of an enactment repealed by this Order shall be treated as
being under or for the purposes of the corresponding enactment of this Order,
and

(a)any such order, rule or regulation shall remain in force until
corresponding provision is made under this Order, and may be varied or revoked
by an order, rule or regulation, as the case may require, made under the
corresponding enactment of this Order; and

(b)any such proceeding which was brought before the committee established
under section 18 of the Solicitors Act (Northern Ireland) 1938, and which
stood not completed immediately before the commencement of this Article shall
be completed in like manner as if this Order had not been made.

Para.(4) spent

1. In this Schedule

"controlled trust" in relation to a solicitor means a trust of which the
solicitor is a sole trustee or is co-trustee only with one or more of his
partners, apprentices, clerks or servants;

"documents" means deeds, wills, documents constituting or evidencing the title
to any property, papers, books of account, records, vouchers and other
documents.

2.(1) The Society may require the production or delivery to any person
appointed by the Society at a time and place to be fixed by the Society, and
may take possession of all documents in the possession or control of the
solicitor or his firm (including documents which are the property of the
solicitor or his firm and not of his or their clients), or relating to any
controlled trust.

(2) If the Society have reason to suspect that any documents which relate
wholly or in part to the solicitor's or his firm's practice or former practice
(whether or not the documents are the property of the solicitor or his firm)
or to any controlled trust are in the possession or control of some person
other than the solicitor or his firm or any of his or his firm's clients or
any other solicitor instructed by any such client, the Society may require
that person to produce or deliver such documents to any person appointed by
the Society at a time and place to be fixed by the Society and may take
possession of such documents.

3.(1) If any person having possession or control of any such documents fails
to comply forthwith with any requirement made under paragraph 2

(a)he shall be guilty of an offence and be liable on summary conviction to a
fine not exceeding #100; and

(b)a judge of the High Court may, on the application of the Society, order
that person to comply with the requirement within such time as may be
specified in the order, and may at the same time or later order that on that
person's failure to comply with such requirement one or more officers of the
Society, or one or more persons appointed by the Society for the purpose, may
forthwith enter upon any premises (using such force as is reasonably
necessary) to search for, and take possession of, the documents.

(2) On an application under this paragraph, the court shall have regard to the
interests of the persons to whom the documents which are the subject of the
application belong or to whose business they relate or, where they relate to a
controlled trust, to the interests of the beneficiaries under that trust.

4. Upon taking possession of any such documents, the Society shall serve upon
the solicitor and every person from whom those documents were received, or
from whose premises they were taken by virtue of an order made under
paragraph 2, a notice giving particulars and the date of taking possession
thereof.

5. Within fourteen days after the service of a notice under paragraph 4, the
solicitor or other person upon whom the notice was served may, on serving not
less than forty-eight hours' notice upon the Society and (if the notice served
under paragraph 4 gives the name of the solicitor instructed by the Society)
upon that solicitor, apply to a judge of the High Court in chambers for an
order directing the Society to return those documents to the person from whom
they were received, or from whose premises they were taken, as the case may
be, by the Society, or to such other person as the applicant may require; and
on the hearing of any such application the judge may make such order with
respect to the matter as he thinks fit.

6. If no application is made under paragraph 5 or if the judge to whom any
such application is made directs that the documents shall remain in the
custody or control of the Society, the Society may make inquiries to ascertain
the person to whom those documents belong or to whose business they relate and
may deliver those documents to either of such persons or deal with them in
accordance with the directions of either of those persons; so however that

(a)before delivering such documents the Society may take copies of, or
extracts from, any such documents, and may if requested by the solicitor,
supply copies to him at his expense; and

(b)the Society may, if they consider that such documents include documents
which are the property of the solicitor, require the person to whom the
documents are delivered, as a condition precedent to such delivery to
undertake to permit the solicitor to inspect such documents and take copies
of, or extracts from, them.

7. At any time after a period of six years from the date on which the Society
have taken possession of a document under the powers of this Schedule, if no
person claims it, the Society may dispose of or destroy the document.

8.(1) The provisions of this Schedule shall have effect in relation to
documents notwithstanding any lien on, or right of retention of, those
documents which may be vested in the solicitor or any other person.

(2) In any case in which this Schedule applies to a solicitor or
solicitor-trustee or the personal representatives of a solicitor by virtue of
any provision of this Order or of any other enactment, the Society shall
before exercising any of their functions under this Schedule (other than
making an application to a judge of the High Court under paragraph 3 or
paragraph 13) in relation to him or them, notify him or them in writing that
this Schedule so applies:

Provided that the Society may, if they think fit, include a notification to a
solicitor or a solicitor-trustee under this paragraph in any notification
given to him under Article 38.

9.(1) A judge of the High Court may, on the application of the Society, order
that no payment shall be made without the leave of a judge of the High Court

(a)by any bank (whether or not named in the order) out of any banking account
in which any money (whether received before, on or after the date of the
order) of the solicitor or his firm is held or which the solicitor or his firm
has the right to operate on or otherwise deal with; or

(b)by any other person (whether or not named in the order) of any money placed
with him by the solicitor or his firm (whether before, on or after the date of
the order) or held by him (in whatever manner and whether received before, on
or after that date) on behalf of the solicitor or his firm.

(2) No order under this paragraph shall take effect in relation to any person
to whom it applies unless

(a)the Society have served a copy of the order on that person (whether or not
he is named in the order) and he either knows that he holds money on behalf of
the solicitor or his firm or has failed to exercise due diligence to ascertain
whether any money is so held by him; and

(b)if that person is a banker, the Society have informed him of the branch of
the bank at which the money to which the order relates is believed by them to
be held.

10. The Society may, on a resolution in that behalf made by the Council, take
control of all sums of money due from the solicitor or his firm to, or held by
him or his firm (in whatever manner or in whatever account and whether
received before, on or after the date of the resolution) on behalf of, his or
his firm's clients or subject to any controlled trust, and for that purpose
the Society shall serve upon the solicitor or his firm, and, except where the
provisions of Article 40 apply, upon any bank and upon any other person having
possession or control of any such sums of money a notice, together with a
certified copy of such resolution, prohibiting the payment out of such sums of
money otherwise than pursuant to paragraph 12 or 13.

11. Within fourteen days of the service of a notice under paragraph 10 the
solicitor or his firm, or the bank or other person upon whom the notice was
served may, on serving not less than fourty-eight hours' notice upon the
Society and (if the notice served under paragraph 10 gives the name of the
solicitor instructed by the Society) upon that solicitor, apply to a judge of
the High Court in chambers for an order directing the Society to withdraw the
notice, and on the hearing of any such application the judge may make such
order with respect to the matter as he thinks fit.

12. Subject to the service of any notice under paragraph 10, and to any
application that may be made under paragraph 11 the Society or any person in
that behalf appointed by the Society may withdraw the money, or any part of
the money, which is in any account in the name of the solicitor or his firm,
or which is in the possession or control of any person on whom a notice was
duly served under paragraph 10, and any money in the office of the solicitor
or his firm due to or held on behalf of his clients, and pay them into a
special account or special accounts in the name of the Society or such person
appointed as aforesaid and may operate on, and otherwise deal with, such
special account or accounts as the solicitor or his firm might have operated
on, or otherwise dealt with, the said account; so however that a bank with
whom such special account or accounts is or are kept shall be under no
obligation to ascertain whether that account or those accounts is or are being
so operated on or otherwise dealt with.

13.(1) If any person fails to comply with the requirements of any notice given
under paragraph 10

(a)he shall be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding #200; and

(b)a judge of the High Court may, on the application of the Society

(i)order him to comply with the requirements of the notice within such time as
may be specified in the order; or

(ii)appoint the Society to act as the attorney of the solicitor named in that
paragraph.

(2) Without prejudice to sub-paragraph (1)(b)(ii), a judge of the High Court
may at any time, on the application of the Society, by order appoint the
Society as the attorney of any solicitor named in a resolution passed by the
Council under Article 36.

(3) Where the Society are appointed under this paragraph to act as attorney of
a solicitor they shall have power, either in their name or in the name of the
solicitor, to do all or any of the acts and things mentioned in Part II of
this Schedule and all such other acts and things in relation to the
solicitor's practice or property or assets as appear to the Society to be
necessary for any of the purposes of this Order, as fully and effectively in
all respects as if they were done by the solicitor present in person
(irrespective of where he then may be).

(4) The Society shall have a claim on the property of the solicitor for all
costs (if any) incurred by the Society as his attorney.

14.(1) If the Society have reason to suspect that any person holds any money
on behalf of the solicitor or his firm, the Society may for the purpose of
enabling them to perform any of their functions under this Schedule require
that person to give to the Society such information as to such money or the
accounts in which the money is held as may be reasonably required.

(2) If any person who holds any money on behalf of the solicitor or his firm
fails to give to the Society such information as he is required to give under
sub-paragraph (1) or knowingly makes any misstatement in respect thereof he
shall be guilty of an offence and shall be liable on summary conviction to a
fine not exceeding #50.

15.(1) A judge of the High Court, on the application of the Society, may order
that for such time not exceeding eighteen months as the judge thinks fit,
postal packets (as defined by section 87(1) of the Post Office Act 1953)
addressed to the solicitor or his firm at any place or places mentioned in the
order for re-direction shall be directed to any other address there mentioned.

(2) Where such an order is made the Society shall pay to the Post Office the
like charges (if any) as would have been payable for the re-direction of such
packets by virtue of any scheme made under section 28 of the Post Office Act
1969, if the addressee had permanently ceased to occupy the premises to which
they were addressed and had applied to the Post Office to re-direct them to
him at the address mentioned in the order.

16.(1) If the solicitor is a trustee of a controlled trust, the Society may
apply to a judge of the High Court for an order for the appointment of a new
trustee in substitution for him.

(2) The Trustee Act (Northern Ireland) 1958 shall have effect in relation to
an appointment of a new trustee under this paragraph as it has effect in
relation to an appointment under section 40 of that Act.

17. Subject to any order for the payment of costs that may be made on an
application under paragraph 3, 5, 9, 11, 13, 15, 16 or 19 any costs incurred
by the Society for the purposes of this Schedule shall be paid by the
solicitor and shall be recoverable from him as a debt owing to the Society.

18. The Society may do all things which in their opinion are necessary for the
purpose of facilitating the exercise of their functions under this Schedule
and in particular may for that purpose employ and pay agents.

19. The Society may apply to a judge of the High Court for an order making
provision for the disposal and destruction of any documents which may be in
their possession by virtue of this Schedule or for the transfer or payment by
or to any person of any moneys to which this Schedule relates.

20. If any claim or charge is made or any proceeding is taken against the
Society or their servants or agents for any act or omission by the Society or
their servants or agents done or made in good faith and in the execution or
purported execution of the functions conferred under this Schedule the Society
or their servants or agents, as the case may be, shall be reimbursed out of
the Compensation Fund established under Article 55 for all or any costs or
damages which they may have incurred in relation to such claim, charge or
proceeding.

21. The Society may make regulations for the purposes of carrying the
provisions of this Schedule into effect and such regulations may include
incidental, ancillary or supplemental provisions.

22. References in this Schedule to a banking account include references to any
deposit or other such account as well as to a current or drawing account.

23. The powers exercisable pursuant to paragraph 13(3) are as follows

(1) To operate all banking accounts in the name or under the control of the
solicitor, and to open and operate any new banking account and to sign,
endorse and negotiate cheques, dividend and interest warrants, bills of
exchange and negotiable instruments payable to the solicitor and to close all
or any of such banking accounts.

(2) To demand, sue for, recover, enforce and give good and sufficient
receipts, discharges, releases and indemnities for and in respect of all
property, money, securities, costs, legacies, gifts, rights and debts
belonging to the solicitor or in which he has any interest and to effect a
compromise or release of, or to abandon, any claim in respect thereof and to
pay, satisfy or compromise any such debts, liabilities or claims.

(3) To carry on, wind-up, transfer, sell or otherwise dispose of the practice
of the solicitor and the office furniture, fittings, papers, documents, books,
machines and apparatus connected therewith.

(4) To take possession of all or any property whatsoever belonging to the
solicitor or in which he has any estate, title, right or interest including
all property, title deeds, documents, papers and books in the possession,
custody or control of the solicitor.

(5) To manage, let, sell, mortgage, charge or otherwise dispose of and convey,
assign, transfer, surrender, sub-lease or grant in fee any property whatsoever
of the solicitor or in which he has any estate, title, right or interest or
any part thereof on such terms and conditions as the Society think fit.

(6) To furnish bills of costs in respect of any action, cause, suit,
proceeding, sale, transaction or matter in which the solicitor is or has been
engaged or retained, to institute proceedings for recovery of such costs, to
compromise any claim in respect of such costs and to give good and sufficient
receipts for such costs.

(7) To engage an accountant for the purpose of preparing such balance sheet
and statement in connection with the practice of the solicitor as will show
all money held by the solicitor on his own behalf and for or on account of
clients and other persons and where and how at the date of such balance sheet
and statement the solicitor holds such money.

(8) To give, vary and revoke instructions as to the manner in which any money
payable to or by the solicitor (whether periodically or otherwise) is to be
paid or dealt with and as to the custody and disposal of any personal
property, including securities and documents of title.

(9) To apply and subscribe for (whether absolutely or conditionally), pay
calls on, buy, accept or otherwise acquire, and to sell, assign, exchange or
otherwise dispose of, stocks, funds, shares, debentures, debenture stock,
securities and investments of every description, however constituted and
wherever issued, and whether now existing or hereafter to be created belonging
to the solicitor or in which he has any interest, and any options or rights in
respect thereof; and generally to manage and vary investments.

(10) To effect and maintain insurance against loss, damage, and liability in
connection with the property or assets of the solicitor or his practice and to
recover under such insurance.

(11) In respect of any will, intestacy, settlement or trust or any agreement
or other instrument or matter, to approve apportionments and accounts, and to
sanction investments or the exercise of any power or the doing of any act for
which the approval or sanction of the solicitor is required, otherwise than as
trustee.

(12) In connection with any stocks, funds, shares, debentures, debenture
stock, securities, or investments belonging to the solicitor or in which he
has any interest, to attend and vote or appoint any person to attend and vote
as proxy for the solicitor at meetings of holders thereof, and to effect,
sanction or oppose any exercise or modification of rights.

(13) In regard to any property whatsoever belonging to the solicitor or in
which he has any interest, to institute, carry on, defend, compromise or
discontinue any action or other proceeding, and in any such proceeding to give
security or indemnities for costs, to pay money into court and to obtain
payment of money lodged in court; and to settle, compromise or submit to
arbitration any dispute arising in relation to any such property or interest.

(14) To present, support or oppose any petition for winding-up or bankruptcy;
to join in, sanction or oppose any composition or arrangement; to attend and
vote or appoint any person to attend and vote as proxy for the solicitor at
any meetings of creditors; to make and file proofs of claim; and generally to
represent the solicitor in any liquidation, bankruptcy or insolvency.

(15) To engage, remunerate, dismiss, and fix and vary the duties and terms of
service of persons employed to carry on or to assist in carrying on the
practice of the solicitor including any employees of the solicitor.

(16) To settle or pay any account, debt or reckoning whatsoever wherein the
solicitor is or will be in anywise interested or concerned with any person
whomsoever and to pay or receive the balance thereof as the case may require.

(17) To deliver to clients of the solicitor or to other persons any documents
of title, papers, books, securities, money or other property on such terms as
the attorney thinks fit.

(18) To pay all rent, rates, taxes, assessments and outgoings (including
repairs and insurance against fire and other contingencies) in connection with
any property of the solicitor or in which he has any estate, title, right or
interest and in connection with the practice of the solicitor to pay all
expenses of carrying on the same including any insurance against negligence or
otherwise.

(19) Subject to the rights of the clients of the solicitor, to act upon any
retainer given, to prosecute or defend any action, cause, suit or proceeding
which the solicitor has commenced or for which he has been retained, to
complete any sale or purchase of registered or unregistered land in which the
solicitor has been engaged or for which he has been retained, to carry out and
complete any other sale, purchase, transaction or matter in which the
solicitor is engaged or for which he has been retained and to receive and give
good and sufficient receipts for any damages, compensation, deposit, purchase
money or other money payable in respect of any such action, cause, suit,
proceeding, sale, transaction or matter, and to pay over any money and do all
things necessary to complete any such action, suit, proceeding, sale,
transaction or matter.

(20) For all or any of the foregoing purposes to enter into and sign, seal,
execute, perfect and deliver any contract, instrument, deed, surrender,
assurance or other instrument whatsoever, and to take all steps necessary to
procure the registration of any such instrument in the books of any company or
other body or in any register kept in pursuance of any enactment.

(21) Generally to act in relation to the solicitor's practice and estate as
fully and effectively as the solicitor could do.

1. The fund shall be maintained and administered by the Society and shall be
held by the Society on trust for the purposes provided for in Part IV and this
Schedule.

2. Every solicitor shall on each occasion on which a practising certificate is
issued to him pay to the Society with the fee payable in respect of that
certificate under Article 10 a contribution (in this Schedule referred to as
"the annual contribution") of such sum as may be prescribed, and the Society
shall pay that contribution into the fund:

Provided that

(a)a solicitor shall not be required to pay the annual contribution on the
issue of the first three practising certificates issued to him after his
admission; and

(b)on the issue of the fourth, fifth and sixth practising certificates issued
to him after his admission a solicitor shall be liable to pay only one half of
the amount of the annual contribution; and

(c)an annual contribution shall not be required to be paid by a solicitor who
is employed as a full-time public officer or in the full-time service of a
local or public authority and who does not engage in any form of private
practice as a solicitor.

3. The Society may invest in trustee securities any money which forms part of
the fund and is not immediately required for any of the purposes provided for
by Part IV or this Schedule.

4. Subject to the provisions of section 2 of the Loans Guarantee and Borrowing
Regulation Act (Northern Ireland) 1946, and of any order for the time being in
force thereunder, the Society may borrow for the purposes of the fund from any
lender and may charge any investments of the fund by way of security for any
such loan:

Provided that the aggregate sum owing at any one time in respect of such loans
shall not exceed #100,000.

5. The Society may insure with any person authorised by law to carry on
insurance business within the United Kingdom for such purposes and on such
terms as the Society may deem expedient in relation to the fund.

6. There shall be carried to the credit of the fund

(a)all moneys and all investments forming part of the Compensation Fund
established under Article 55;

(b)all annual contributions paid to the Society in pursuance of paragraph 2;

(c)all interest, dividends and other income and accretions of capital arising
from the investment of the fund or any part thereof;

(d)the proceeds of any realisation of any investments of the fund;

(e)all money borrowed for the purposes of the fund;

(f)all sums received by the Society under any insurance effected by the
Society under paragraph 5;

(g)all sums received by the Society under Article 58(c) or 60(e);

(h)any other money which may belong or accrue to the fund or be received by
the Society in respect thereof.

7. All money from time to time forming part of the fund and all investments of
the fund shall be applicable

(a)for payment of any costs, charges and expenses of establishing,
maintaining, administering and applying the fund;

(b)for payment of any premiums on insurances effected by the Society under
paragraph 5;

(c)for repayment of any money borrowed by the Society for the purposes of the
fund and for payment of interest on any money so borrowed;

(d)for payment of any grants which the Society may make under Part IV;

(e)for payment of costs, charges and expenses incurred by the Society in
exercise of any power conferred by Article 36, 37 or 39 or Schedule 1;

(f)for payment of any other sums properly payable out of the fund by virtue of
Part IV or this Schedule.

8. Notwithstanding anything in Part IV or in this Schedule, the Society shall
not make any grant out of the Compensation Fund in respect of any loss arising
in connection with the employment of a solicitor as a full-time public officer
or in the full-time service of a local or public authority or by reason of any
breach of a fiduciary duty to which any such employment gave rise.

Schedule 3Repeals

© 1976 Crown Copyright

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