Singapore legislation

Section 25C

of Legal Profession Act 1966

Section 25C

Medical examination required in certain circumstances

(1)

If the Attorney-General or the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Attorney‑General or the Council (as the case may be) may apply to a Judge by originating summons for an order that the solicitor submit to a medical examination.

(2)

An application under subsection (1) must be served on the solicitor concerned.

(3)

If, on an application under subsection (1), the Judge is of the opinion that the solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Judge is to order the solicitor to submit to a medical examination to be conducted —

(a)

by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and

(b)

within such period as the Judge may specify in the order.

(4)

The registered medical practitioner must —

(a)

personally examine the solicitor;

(b)

determine whether the fitness of the solicitor to practise has been impaired by reason of the solicitor’s physical or mental condition; and

(c)

submit a report of his or her determination and the reasons for the determination, within 14 days from the date of the medical examination, to the solicitor, the Attorney‑General and the Council.

(5)

In making the determination under subsection (4), the registered medical practitioner may have regard to —

(a)

his or her own observations;

(b)

the results of any tests carried out on the solicitor; and

(c)

any facts which are communicated to him or her by the Attorney‑General, the Council or any other person.

(6)

The solicitor must bear all costs of and incidental to his or her medical examination under this section, any tests carried out on him or her for the purposes of the medical examination and the report mentioned in subsection (4)(c).

(7)

Without affecting subsections (1) to (6), if the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Council may direct the solicitor to stop practising until he or she has submitted to a medical examination.

(8)

Where the Council has given a solicitor a direction under subsection (7) —

(a)

the Council must, not later than 7 days from the date the direction was given —

(i)

make an application under subsection (1) in relation to the solicitor; and

(ii)

serve that application on the solicitor;

(b)

the direction ceases to have effect, if —

(i)

the Council fails to comply with paragraph (a); or

(ii)

the application mentioned in paragraph (a) is dismissed;

(c)

the solicitor may, upon proof of a change in the circumstances or for any good cause —

(i)

inform the Council of the change or good cause and request that the Council’s direction be rescinded; or

(ii)

apply to a Judge for an order that the Council’s direction be set aside, such application to be made —

(A)

by summons, in a case where the Council has made an application under subsection (1) in relation to the solicitor; or

(B)

by originating summons, in any other case,and served on the Society; and

(d)

the solicitor must comply with the Council’s direction until it ceases to have effect under paragraph (b) or is rescinded by the Council or set aside by a Judge.

Read in full context — Legal Profession Act 1966 →