On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 19/09/2008.
41. Section 97 of the principal Act is repealed and the following section substituted therefor:
97.
—(1) Where a Disciplinary Tribunal has made a determination under section 93(1)(a) or (b), the person who made the complaint, the advocate and solicitor or the Council may, within 14 days of being notified of that determination or any order under section 93(2) or (2A), apply to a Judge for a review of that determination or order.
(2) An application under subsection (1) shall be —
(a)
made by originating summons; and
(b)
served on —
(i)
the person who made the complaint, if he had the conduct of the proceedings before the Disciplinary Tribunal and is not the applicant;
(ii)
the advocate and solicitor, if he is not the applicant;
(iii)
the Society, if the Council is not the applicant; and
(iv)
the secretary of the Disciplinary Tribunal.
(3) Upon receiving the application, the secretary of the Disciplinary Tribunal shall file in court the record and report of the hearing and investigation by the Disciplinary Tribunal.
(4) The Judge hearing the application —
(a)
shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination or order of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and
(b)
may make such orders as the Judge thinks fit, including —
(i)
an order directing the person who made the complaint or the Council to make an application under section 98;
(ii)
an order setting aside the determination of the Disciplinary Tribunal and directing —
(A)
the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or
(B)
the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; or
(iii)
such order for the payment of costs as may be just.
(5) If the Judge makes an order directing the person who made the complaint to make an application under section 98, that person shall have the conduct of the proceedings under that section, and any such proceedings shall be brought in his name.
(6) If the Judge makes an order directing the person who made the complaint or the Council to make an application under section 98, that person or the Society, as the case may be, shall make the application under that section within one month from the date of the order.”.