SOLICITORS (AMENDMENT) ACT, 1960

FIRST SCHEDULE Provisions of the Principal Act Repealed

Provisions of the Principal Act Repealed

Section 5 (1).

Part I

Provisions Repealed Absolutely

Provisions of the Principal Act

Provisions of the Principal Act

Extent of Repeal

Extent of Repeal

(1)

(1)

(2)

(2)

Subsection (1) of section 3.

Subsection (1) of section 3.

The definition of the expression “the Disciplinary Committee”.

The definition of the expression “the Disciplinary Committee”.

Subsection (4) of section 3.

Subsection (4) of section 3.

The words “Supreme Court or”.

The words “Supreme Court or”.

Subsection (1) of section 6.

Subsection (1) of section 6.

The words “Supreme Court or”.

The words “Supreme Court or”.

Section 13.

Section 13.

The whole section.

The whole section.

Section 14.

Section 14.

Subsections (1) and (2).

Subsections (1) and (2).

Sections 15 to 23.

Sections 15 to 23.

The whole of each of the sections.

The whole of each of the sections.

Subsection (1) of section 49.

Subsection (1) of section 49.

Paragraphs (b), (c) and (l).

Paragraphs (b), (c) and (l).

Subsection (1) of section 66.

Subsection (1) of section 66.

Paragraph (f).

Paragraph (f).

Section 70.

Section 70.

The whole section.

The whole section.

Section 80.

Section 80.

The whole section.

The whole section.

Section 83.

Section 83.

The whole section.

The whole section.

Part II

Provisions Repealed with Saving

Section 5 (2).

Provisions of the Principal Act

Provisions of the Principal Act

Extent of Repeal

Extent of Repeal

(1)

(1)

(2)

(2)

Section 69.

Section 69.

The whole section.

The whole section.

The Fifth Schedule.

The Fifth Schedule.

The whole of the Schedule.

The whole of the Schedule.

SECOND SCHEDULE Provisions having Effect for the Purposes of Sections 8 (2) (a) and 19 (5) (a) of this Act

Provisions having Effect for the Purposes of Sections 8 (2) (a) and 19 (5) (a) of this Act

Sections 8 (2) (b) and 19 (5) (b).

The following provisions shall have effect for the purposes of the following provisions of this Act, namely, paragraph (a) of subsection (2) of section 8 and paragraph (a) of subsection (5) of section 19—

(a) the Society, on receipt of an application for the delivery of documents from a person claiming to be entitled to the possession or custody thereof, may either—

(i) investigate the claim of such person to the possession or custody of the documents, or

(ii) require such person to nominate a solicitor to take delivery of the documents on his behalf,

(b) the Society shall not be bound to investigate the claim of any person who applies for delivery of documents in the possession of the Society or to schedule or list such documents save at the expense of such person, and payment of such sum as the Society may require as a deposit in respect of the costs and expenses of the investigation, scheduling or listing shall be a condition precedent to the undertaking of the investigation or to the delivery of such documents to such person by the Society,

(c) the Society or the person making a deposit as aforesaid may, after the claim has been investigated, require the costs and expenses to which the deposit relates to be taxed by a Taxing Master of the High Court (subject to appeal to the High Court), and the amount found due on such taxation after allowing all just credits shall be a simple contract debt due by such person to the Society or by the Society to such person (as the case may be) and recoverable in any court of competent jurisdiction,

(d) if the Society, in lieu of investigating the claim of the person applying for delivery of documents, require such person to nominate a solicitor to take delivery thereof on his behalf, the Society may retain the documents until the nomination is duly made,

(e) on the nomination of a solicitor to take delivery of documents, the Society may deliver the documents to the solicitor in exchange for—

(i) a receipt for the documents,

(ii) a statutory declaration by the solicitor that, to the best of his knowledge and belief, the person on whose nomination he is acting is lawfully entitled to possession of the documents and that no other person has any prior title thereto or claim thereon by way of mortgage, charge, lien or otherwise,

(iii) a statutory declaration by the person applying for delivery of the documents to the same effect, and

(iv) an undertaking by the solicitor to return the documents to the Society if it should be ascertained, while the documents are in his possession, that his client was not so entitled at the date of the declaration,

and such receipt, declarations and undertaking shall constitute a full discharge to the Society for the documents,

(f) no action or claim shall lie against the Society by any person claiming to be entitled to documents or to any property to which they relate, or to any mortgage, charge or lien in respect of such documents or property, for any loss or injury occasioned by the taking of possession of the documents by the Society, or by the delivery of the documents by the Society in accordance with this Schedule,

(g) the Society shall have a lien over documents, for all costs and expenses, if any, incurred by the Society in connection therewith (including, where appropriate, the costs and expenses of investigating the claim of any person claiming to be entitled thereto).

THIRD SCHEDULE Provisions in Relation to the Compensation Fund

Provisions in Relation to the Compensation Fund

Section 21.

1. In this Schedule “the Fund” means the Compensation Fund.

2. The Society may invest moneys of the Fund in securities in which trustees are authorised by law to invest trust funds.

3. The Society may borrow for the Fund and, for the purpose of giving security with respect to such borrowing, may charge investments of the Fund.

4. The Society may insure against any risk relating to the Fund.

5. The following shall be paid into the Fund—

(a) all annual contributions and additional contributions paid to the Society under section 22 of this Act,

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

(c) the proceeds of any realisation of any investments of the Fund,

(d) all moneys borrowed for the purposes of the Fund,

(e) all moneys received by the Society under any insurance effected by the Society under paragraph 4 of this Schedule,

(f) all penalties recovered by the Society under subsection (3) of section 8 of this Act,

(g) all moneys received by the Society under subsection (8) of section 21 of this Act,

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

6. The following shall be paid out of the Fund—

(a) costs, charges and expenses incurred in maintaining, protecting, administering and applying the Fund,

(b) premiums on any insurance effected by the Society under paragraph 4 of this Schedule,

(c) repayments of moneys borrowed by the Society for the Fund and payments of interest on such moneys,

(d) payments of any grants which the Society may make under section 21 of this Act,

(e) costs, charges and expenses incurred by the Society under Part III of this Act or under this Schedule,

(f) costs, charges and expenses incurred by the Society in enforcing compliance with the Solicitors' Accounts Regulations and ascertaining whether those Regulations have been complied with,

(g) other sums properly payable out of the Fund.