Clause 8

Where, at any time during the currency of the practising certificate of a solicitor, section 25A would have effect in relation to him by reason of any such circumstances as are mentioned in section 25A(1) if he were to make an application for a practising certificate at that time, a judge may, upon an application by the Attorney-General or the Council made by originating summons and served upon the solicitor, direct that the current practising certificate of the solicitor shall have effect subject to such conditions as the judge thinks fit.(2) Where an order under subsection (1) has been made against a solicitor by reason only of any such circumstances as are mentioned in section 25A(1)(c), (d), (e), (f), (g) or (h), the solicitor may, upon proof of a change in the circumstances or for other good cause, apply to a judge by summons for a reconsideration of the matter.(3) Any application under subsection (2) shall be served on the Attorney-General and the Society and the Attorney-General and the Society may appear at the hearing to make representations.(4) At the hearing of the application, the judge shall consider all the circumstances of the case and may make such order as he thinks fit.(5) No appeal shall lie from any order made by a judge under subsection (4).(6) Section 25A(3) shall apply for the purposes of subsection (1) as it applies for the purposes of section 25A(2)(b).Referral to Disciplinary Committee and suspension of practising certificates27B.—

Upon an application to a judge by the Attorney-General or the Council, or on the hearing by a judge of an application made under section 27A, the judge may, where he is satisfied that cause of sufficient gravity for disciplinary action against the solicitor exists —

request the Society under section 85(3)(b) to refer the matter to a Disciplinary Committee unless the matter had been or is being dealt with under Part VII or is to be dealt with under section 94A; and

order that the solicitor’s current practising certificate be suspended.(2) Any application by the Attorney-General or the Council under subsection (1) shall be made by originating summons which shall be served on the solicitor.(3) Where the Attorney-General or the Council makes an application under subsection (1), the judge shall have, in addition to his powers under that subsection, the powers exercisable by him under section 27A.(4) If —

the Disciplinary Committee determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the solicitor exists under section 83 or determines under section 93(1)(b) that the solicitor should be reprimanded;

the application under section 98(1) for an order against the solicitor to show cause is withdrawn or dismissed;

the application under section 98(5) to make absolute an order against the solicitor to show cause is withdrawn or discharged; or

the order against the solicitor to show cause has been made absolute,the suspension of the practising certificate of the solicitor shall terminate forthwith.(5) Nothing in subsection (4) shall be construed as affecting the power of the court of 3 judges of the Supreme Court to suspend a solicitor from practice on an application to make the order to show cause absolute under section 98.(6) Where the suspension of the practising certificate of a solicitor under this section has terminated by reason only of the expiry of the solicitor’s current practising certificate and not by reason of the occurrence of any of the events mentioned in subsection (4), the solicitor shall not apply for another practising certificate until any of the events mentioned in subsection (4) has occurred; and if a practising certificate has been issued to him, that certificate shall cease to be in force.(7) No appeal shall lie from any order made by a judge under this section.”.