Solicitors (Amendment) Act, 1994
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Restriction on employment of person struck off roll or suspended (section 60 of Principal Act). |
20.—The Principal Act is hereby amended by the substitution of the following section for section 60: | |
“Restriction on employment of person struck off roll or suspended. | ||
60.—(1) No person shall knowingly, save under and in accordance with a written permission under this section, employ or remunerate in any capacity involving or in connection with the provision of legal services a solicitor who is an unqualified person by reason of— | ||
(a) his name having been struck off the roll, or | ||
(b) his suspension from practice, or | ||
(c) his having had the issue to him of a practising certificate refused under section 49 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, or | ||
(d) his having his practising certificate suspended under section 58 of the Solicitors (Amendment) Act, 1994, or | ||
(e) his having given to the High Court an undertaking not to practise as a solicitor. | ||
(2) The Society may grant a permission for the purposes of subsection (1) of this section for such period and subject to such conditions as they think fit, or may refuse to grant such a permission. | ||
(3) A person aggrieved by the refusal of the Society to grant a permission under subsection (2) of this section, or by any conditions attached by the Society to the grant thereof, may appeal to the High Court and the Court may confirm the refusal or the conditions, as the case may be, or may grant the permission for such period and subject to such conditions as the Court thinks fit. | ||
(4) Where a person continues to employ an unqualified person in contravention of subsection (1) of this section notwithstanding his having been requested by the Society to discontinue such employment, the Society may apply to the High Court, and the Court may by order restrain that person from continuing the employment of that unqualified person. | ||
(5) Where a solicitor has been issued with a practising certificate that is subject to a condition or conditions under section 59 of the Solicitors (Amendment) Act, 1994, that solicitor shall be deemed to be an unqualified person for the purposes of subsection (1) of this section to the extent that such condition or conditions prohibit him from engaging in the provision of a certain category or categories of legal services.”. |