Appoint-
ment of Disciplinary Committee.
Powers of a Disciplinary Committer.
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(2) Subject as may be prescribed by the Committee, the accounting period for the purposes of an accountant's certificate shall—
(a) begin at the expiry of the last preceding accounting period for
which an accountant's certificate has been delivered;
(b) cover not less than twelve months;
(c) terminate not more than twelve months, or such lesser period. as may be prescribed by the Committee, before the date of the delivery of the certificate to the Committee; and
(d) where possible, consistently with paragraphs (a), (b) and (c), correspond to a period or consecutive periods for which the accounts of the solicitor or his firm are ordinarily made up. (3) If a solicitor fails to comply with the provisions of this section or of any requirements relating to accounts which may be prescribed by the Committee any person may make a complaint in respect of that failure to the Committee or the Court.
(4) A certificate by the Committee shall, until the contrary is proved, be evidence that a solicitor has, or has not, delivered to the Committee a satisfactory accountant's certificate or supplied such evidence as is required by this section or as may be prescribed by the Committee.
(1) There shall be a Disciplinary Committee Panel which shall consist of not less than eleven members of the Society, each of whom shall have been in practice as a solicitor in the Colony for a period of not less than ten years and shall be appointed by the Chief Justice after consultation with the Society.
(2) When a complaint is received by the Society regarding the conduct of a solicitor, an employee of a solicitor, an articled clerk or an enrolled student or when it appears necessary or desirable to the Committee that the conduct of any such persons should be investigated, the Committee, for the purpose of such investigation, shall appoint a Disciplinary Committee consisting of not less than three members of the Disciplinary Committee Panel.
(3) A Disciplinary Committee shall have power to appoint its own Chairman and shall sit in camers in such place and at such time as the Disciplinary Committee may direct.
10. (1) A Disciplinary Committee shall have power to inquire into and investigate the conduct of any person in respect of which it was appointed.
(2) Subject to the provisions of this Ordinance, upon the hearing of any complaint as aforesaid or upon any investigation as aforesaid, a Disciplinary Committee shall have power to make such order as it
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thinks fit and any such order may, in particular, include provision for all or any of the following matters--
(a) striking off the roll of solicitors the name of the solicitor to
whom the complaint or investigation relates;
(b) suspending that solicitor from practice for such period as the
Disciplinary Committee shall think fit;
(c) payment by that solicitor of a penalty not exceeding fifty thousand dollars which shall be paid into the general revenue; (2) censure of that solicitor or, if the complaint or investigation relates to a solicitor's employees or articled clerk, of such employee or articled clerk;
(e) payment by any party of costs or of such sum as the Dis- ciplinary Committee may consider a reasonable contribution towards costs;
(A) cancellation or suspension of the articles of any articled clerk
to whom the complaint or investigation relates; and
(g) prohibition of employment by any solicitor of any solicitor's employee or articled clerk, to whom the complaint or investi- gation relates, for such period as the Disciplinary Committee may decide.
(3) Every order made under subsection (2) shall be filed with the secretary of the Society and shall be available for inspection by any solicitor during such hours as the Commitles may prescribe.
(4) A Disciplinary Committee appointed by the Committee shall bear and determine every application by a solicitor to procure the removal from the roll of solicitors of his own name.
11. (1) For the purpose of conducting any such inquiry or investi- gation, a Disciplinary Committee shall have all such powers as are vested in the Court or in any judge in the course of any action or suit in respect of the following matters-
(a) enforcing the attendance of witnesses and examining them upon
oath or otherwise;
(b) compelling the production of documents;
(c) punishing persons guilty of contempt;
(d) ordering an inspection of any property;
(e) conducting the examination of witnesses; and (adjourning any meeting from time to time and from one place
to another.
and a summons under the hand of the Chairman of a Disciplinary Committee may be substituted for and shall be aquivalent to any form of process capable of being issued in any action or suit for compelling
Ancillary
power of a Disciplinary Committee.
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