Legal Profession Act 1966 · 2020 Revised Edition · Part 2B · Provisional Practising Certificates
22. Medical examination required in certain circumstances
Feedback & supportLast amended by an amending law of 2023.
If the Attorney-General or the Council is satisfied that a lawyer (NP)’s fitness to practise provisionally appears to have been impaired by reason of the lawyer (NP)’s physical or mental condition, the Attorney-General or the Council (as the case may be) may apply to a Judge by originating application for an order that the lawyer (NP) submit to a medical examination.
Council
“Council” means the Council of the Society established under section 47;
An application under subsection (1) must be served on the lawyer (NP) concerned.
If, on an application under subsection (1), the Judge is of the opinion that the lawyer (NP)’s fitness to practise provisionally appears to have been impaired by reason of the lawyer (NP)’s physical or mental condition, the Judge is to order the lawyer (NP) to submit to a medical examination to be conducted —
Judge
“Judge” means a Judge sitting in chambers in the General Division of the High Court;
by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and
within such period as the Judge may specify in the order.
The registered medical practitioner must —
personally examine the lawyer (NP);
determine whether the fitness of the lawyer (NP) to practise provisionally has been impaired by reason of the lawyer (NP)’s physical or mental condition; and
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 lawyer (NP), the Attorney‑General and the Council.
In making the determination under subsection (4), the registered medical practitioner may have regard to —
his or her own observations;
the results of any tests carried out on the lawyer (NP); and
any facts which are communicated to him or her by the Attorney‑General, the Council or any other person.
The lawyer (NP) 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).
Without affecting subsections (1) to (6), if the Council is satisfied that a lawyer (NP)’s fitness to practise provisionally appears to have been impaired by reason of the lawyer (NP)’s physical or mental condition, the Council may direct the lawyer (NP) to stop practising provisionally until he or she has submitted to a medical examination.
Where the Council has given a lawyer (NP) a direction under subsection (7) —
the Council must, not later than 7 days from the date the direction was given —
make an application under subsection (1) in relation to the lawyer (NP); and
serve that application on the lawyer (NP);
the direction ceases to have effect, if —
the Council fails to comply with paragraph (a); or
the application mentioned in paragraph (a) is dismissed;
the lawyer (NP) may, upon proof of a change in the circumstances or for any good cause —
inform the Council of the change or good cause and request that the Council’s direction be rescinded; or
apply to a Judge for an order that the Council’s direction be set aside, such application to be made —
by summons, in a case where the Council has made an application under subsection (1) in relation to the lawyer (NP); or
by originating application, in any other case,and served on the Society; and
the lawyer (NP) 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.