On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/06/2009.
86.
—(1) Subject to subsections (2), (3) and (4), an Inquiry Committee shall, within 2 weeks of its appointment, commence its inquiry into any complaint or information touching upon the conduct of an advocate and solicitor and report its findings to the Council —
(a)
in any case where the members of the Inquiry Committee have decided not to call upon the advocate and solicitor concerned to offer any explanation or to answer the allegations made against him, not later than 2 months after the date of its appointment; and
(b)
in any other case, not later than 2 weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is the earlier.
[30/86; 15/89; 41/93]
(2) Where an Inquiry Committee is of the opinion that it will not be able to report its findings to the Council within the period specified in subsection (1)(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may apply in writing to the Chairman of the Inquiry Panel for an extension of the time to report its findings to the Council.
[15/89]
(3) The Chairman or Deputy Chairman of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he is satisfied that the circumstances of the case justify the grant of an extension of time, except that any extension of time granted shall not extend beyond the period of 6 months from the date of the appointment of that Inquiry Committee.
[15/89; 19/2008]
(4) No application for an extension of time may be made to the Chairman of the Inquiry Panel under subsection (2) on the expiry of 2 months after the date of the appointment of the Inquiry Committee.
[15/89]
(5) Where an Inquiry Committee is satisfied that there are no grounds for disciplinary action under this Part, it shall report to the Council accordingly and state the reasons for its decision.
[15/89]
(6) Where an Inquiry Committee is of the opinion that an advocate and solicitor should be called upon to answer any allegation made against him, the Inquiry Committee shall —
(a)
post or deliver to the advocate and solicitor concerned —
(i)
copies of any complaint or information touching upon his conduct and of any statutory declarations or affidavits that have been made in support of the complaint or information; and
(ii)
a notice inviting him to give, within such period (not being less than 14 days) as may be specified in the notice to the Inquiry Committee, any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee;
(b)
allow the time specified in the notice to elapse;
(c)
give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires; and
(d)
give due consideration to any explanation (if any) given by him.
[15/89; 41/93]
(7) The report of the Inquiry Committee shall, among other things, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Tribunal, and the Inquiry Committee shall recommend to the Council —
(a)
if the Inquiry Committee is of the view that there should be a formal investigation by a Disciplinary Tribunal, the charge or charges to be preferred against the advocate and solicitor with respect to the misconduct committed; or
(b)
if the Inquiry Committee is of the view that no formal investigation by a Disciplinary Tribunal is required —
(i)
a penalty sufficient and appropriate to the misconduct committed; or
(ii)
that the complaint be dismissed.
[19/2008]
(8) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which may give rise to proceedings under this Part, the Inquiry Committee may, after giving notice to him, decide on its own motion to inquire into that matter and report its findings to the Council.
[15/89; 41/93]
(9) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which discloses an offence under any written law, the Inquiry Committee shall record the information in its report to the Council.
[15/89; 41/93]
(10) Where the complainant withdraws his complaint before the Council has referred the complaint to an Inquiry Committee or before the conclusion of the inquiry by an Inquiry Committee, the Council may, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Society.
[41/93]
(11) Subsections (2) to (6) of section 91 shall apply, with the necessary modifications, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Tribunal and the references in those subsections to a Disciplinary Tribunal shall be read as references to an Inquiry Committee.
[41/93; 19/2008]
(12) For the purposes of conducting an inquiry, an Inquiry Committee may —
(a)
appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks necessary;
(b)
require the production for inspection by the Inquiry Committee, or by any person appointed under paragraph (a), of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry; and
(c)
require the complainant, the advocate and solicitor concerned and any other person to give any information which may relate to or be connected with the subject-matter of the inquiry (including any information in relation to any books, documents or papers referred to in paragraph (b)) —
(i)
at an attendance before the Inquiry Committee or any person appointed under paragraph (a);
(ii)
in writing; or
(iii)
by way of a statutory declaration or an affidavit.
[19/2008]
(13) Any person who refuses or fails, without lawful excuse, to comply with any requirement of an Inquiry Committee under subsection (12)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[19/2008]